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I don't get it.

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livingthelaw

Junior Member
What is the name of your state (only U.S. law)? Texas

I've been reading my citation over and over. Under the detail section, it says that two marijuana blunts were found in my purse, but below that section it says that I'm being charged for posession of paraphenalia. So, what am I actually being charged for, marijuana or just paraphenalia? I figured it'd be the marijuana, but the fact that the charge doesn't match is throwing me for a loop.
 


CavemanLawyer

Senior Member
First off you are very lucky that you were just given a citation for paraphernalia and not possession of marihuana.

The only way you can be charged with possession of marihuana in Texas is if you possess a "usable quantity." If you have any useable quantity at all then you are charged with a Class B misdemeanor and can be looking at up to 6 months in jail. The officer apparently opted to treat your marihuana as less than a useable amount and charged you with having the paraphernalia instead. The marihuana, including the paper it is wrapped in, is the paraphernalia. It is all contraband used in the greater crime of possession of marihuana, which you were lucky enough to avoid.
 

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