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Is it illegal to possess marijuana seeds in Texas?

 

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This year is starting off with a bang.  Recently, we represented a client in the City of Garland Municipal Court who was charged with possession of drug paraphernalia.  He was alleged to have possessed marijuana seeds, which the police state they found during a routine traffic stop.  However, under Texas law, seeds are not considered drug paraphernalia, because, in order to be drug paraphernalia, the items seized must be used to introduce drugs into your system.  Clearly, marijuana seeds do not meet this definition.  Furthermore, possession of marijuana seeds is not prohibited under the general marijuana possession statute.  In fact, when a person is charged with possession of marijuana in Texas (whether it be the City of Garland Municipal Court, or elsewhere), the law requires that the seeds and stems be removed before the weed is weighed.  Hence, he could not prosecuted under that law, either.

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