Texas has some of the harshest penalties for drug possession in the United States, and tens of thousands of people are arrested each year in the state for possessing a controlled substance. The consequences of a drug possession charge can ruin your life personally and professionally, but Chris Abel has a proven track record of fighting and beating allegations of drug possession for his clients.
Texas Drug Possession Law
The types of drugs that are considered controlled substances and the penalties attached for illegally possessing such drugs are found within the Texas Controlled Substances Act. The Act divides controlled substances into four penalty groups and two sub-penalty groups. One of the sub-penalty groups is specifically geared towards the possession of marijuana and has its own separate laws.
Penalty Group 1 consists of the most dangerous and addictive drugs like methamphetamine, heroin, cocaine, and high levels of hydrocodone. Penalty Groups 1-A, 2, 3, and 4 list drugs that are less dangerous and have a lesser probability of abuse.
In order to be charged with drug possession under Texas law, the prosecution must prove that you had actual care, custody, control, or management of the controlled substance. Being with another person in possession of drugs or merely being in a place where drugs are present is not enough to sustain charges for drug possession.
Penalties for Drug Possession
The penalties for drug possession vary widely in the severity of punishment based on a variety of factors that include the type of drug, quantity, how the drug was stored or concealed, whether there was additional possession of paraphernalia, and if you have a criminal history.
The consequences of possessing a drug in Penalty Group 4 can range from a Class B misdemeanor, with up to 180 days in jail and/or a fine up to $2,000, to a felony in the first degree that is penalized by between five and 99 years in prison and/or a fine up to $10,000.
The consequences of possessing a drug in Penalty Groups 1-3 are more severe. The punishments for possessing these drugs range from a state jail felony, with up to one year in prison and/or a fine up to $4,000, to a felony in the first degree.
Defenses to Drug Possession
Just because you have been arrested for drug possession, it does not mean that you are out of options. There are many valid defenses to the charge of drug possession, which include:
- Lack of knowledge that you were in possession of a controlled substance;
- Unlawful search and seizure;
- The drug was not intended for human consumption;
- The drug is newly approved under the Federal Food, Drug, and Cosmetic Act or similar law;
- The drug has been approved for experimental use under the Federal Food, Drug, or Cosmetic Act or similar law and being used in accordance with the exemption;
- The drug is prescribed medication by a medical doctor; or
- Insufficient quantity to make a valid arrest.
Something important to note is that claiming addiction is not a valid defense to a charge of drug possession.
Let Flower Mound Texas Defense Attorney Chris Abel Help
Possession and other drug-related crimes are serious offenses that come with even more serious consequences. If you or someone that you know has been charged with drug possession in Denton County or the Tarrant County area, Call or contact Chris Abel today. Mr. Abel is prepared to take your case to trial in order to protect your rights.