Texas Commission on Law Enforcement (TCOLE) Practice Exam

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According to the HSC 481.121, what constitutes possession of marihuana?

  1. Possession of any quantity of marihuana

  2. Possession of a large quantity of marihuana

  3. Intentionally or knowingly possessing a usable quantity

  4. Possession of marihuana with intent to sell

The correct answer is: Intentionally or knowingly possessing a usable quantity

The definition of possession of marihuana under Health and Safety Code 481.121 emphasizes that it involves intentionally or knowingly possessing a quantity that is usable. This means that the law focuses not only on the act of possession itself but also on the mental state of the individual. The requirement of intention or knowledge indicates that the person must be aware they are in possession of the substance and must have a purpose for possessing it, which is typically understood as having the ability to use it rather than just holding it for someone else. Possession of any quantity without this specific intent or knowledge would not necessarily meet the criteria set forth in the statute. The law delineates between mere possession and possession with the clear mental state that the individual is consciously aware of what they possess and can use it. Thus, the focus on a “usable quantity” aligns with the legal definitions and expectations established by this regulation, ensuring that only those who possess marihuana with understanding and intention are addressed under this statute.