What to Know About Texas Drug Possession Charges

Texas law criminalizes a wide range of activities related to controlled substances, including possession. Although possession is one of the most commonly charged drug crimes in Texas, these types of accusations should not be taken lightly, as conviction can come with severe penalties ranging from hefty fines, the creation of a permanent criminal record, and jail time.

Which Substances are Illegal in Texas? 

The Texas Controlled Substances Act classifies controlled substances into different categories, known as penalty groups. The category under which a drug falls will largely dictate the severity of the charges that a person faces if accused of possessing that substance. There are four main groups (which have their own subcategories). Penalty Group 1 includes substances deemed the most dangerous and addictive, such as cocaine, heroin, methamphetamine, LSD, and fentanyl (Penalty Group 1B). Subsequent categories include substances that, while still considered addictive and dangerous have been deemed less so, such as ecstasy and mushrooms (Penalty Group 2), anabolic steroids (Penalty Group 3), and codeine (Penalty Group 4). Marijuana, while still illegal in Texas, is placed in a separate category with its own penalties.

What are the Penalties for Conviction? 

The severity of drug charges in Texas depends not only on the type of substance in question, but also the amount. For instance, even small quantities of a Penalty Group 1 substance (less than a gram) is a felony crime that can result in up to two years in jail. Possession of less than two ounces of marijuana, on the other hand, is punishable by up to six months in jail and a  $2,000 fine. Generally, the higher the quantity the stricter the penalties for conviction. Other factors that could affect the severity of a drug possession charge include prior criminal history and where the arrest occurred. For instance, in Texas, there are enhanced penalties for possessing a controlled substance in a drug-free zone, like a school or playground.

Are There Legal Defenses to Drug Possession Charges? 

It can be frightening to be charged with drug possession, but it’s important to remember that those who are accused of this offense are not without legal rights. There are, in fact, a number of defenses that defendants can raise to help protect themselves, such as:

• Challenging the legality of the search that led to the seizure of the substance;
• Proving lack of possession by establishing that they were unaware of the existence of the substance; and
• Establishing a problem with the chain of custody or testing of the seized evidence.

Please reach out to our legal team to learn more about the defenses that can be raised on your own behalf.

Contact a Texas Criminal Defense Lawyer Today 

If you have been charged with drug possession, the sooner you start working with an attorney, the better your chances of acquittal will be. Call 512-805-6613 to speak with one of the experienced San Marcos and Hay County, Texas drug possession lawyers at The Law Offices of David C. Hardaway about your case today.

Source:

 statutes.capitol.texas.gov/docs/hs/htm/hs.481.htm