Drug Possession

Texas is well known for its harsh drug possession laws. Drug possession is prosecuted based on three basic criteria: the type of drug, the amount of drug, and any aggravating circumstances. Aggravating circumstances include any behaviors or activities that exacerbate the possession, such as an intent to sell or taking drugs into a school zone.

Being charged with possession of a controlled substance in Texas can have an enormous impact on your life. You need a lawyer in your corner who will fight for you.

Protect your reputation and your future by calling Fallon LaFleur for a free consultation.

Possession of Marijuana

Because it is the most common illegal controlled substance, marijuana has its own special classification under Texas drug law. The penalties vary widely depending on the amount of marijuana the accused had on his person at the time of arrest and how he intended to use the drug.

A charge involving less than two ounces is a Class B misdemeanor, which carries a maximum penalty of up to 180 days in jail and a $2,000 fine. By contrast, a conviction for selling more than 2,000 pounds of marijuana is a first-degree felony that can result in a life sentence.

In some cases, first-time offenders may be allowed to participate in a diversion program.

In Texas there is no exception for marijuana possessed or used for medicinal purposes. However, there is a limited exemption allowing patients with certain medical conditions to obtain cannabis oil, which contains the same active ingredient as marijuana, but in a lower concentration.

Possession of a Controlled Substance

Texas law groups drugs into “penalty groups” that determine the severity of the charge. These penalty groups sort drugs based on their level of danger, the potential for abuse, and medical usefulness.

Penalty Group 1 includes oxycodone, heroin, cocaine, methamphetamine, and gamma hydroxybutyric acid.

Penalty Group 1-A includes lysergic acid diethylamide (LSD) and its analogs.

Penalty Group 2 includes phencyclidine (PCP) and 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly).

Penalty Group 2-A includes materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance.

Penalty Group 3 includes methylphenidate (Ritalin), zolpidem (Ambien), diazepam (Valium), and alprazolam (Xanax).

Penalty Group 4 includes compounds, mixtures, or preparations containing limited quantities of narcotics.

After determining the penalty group, the offense level will be determined by the quantity of the drug possessed.

Manufacturing & Delivering

When there is evidence to suggest the accused was part of a larger scheme to manufacture or distribute controlled substances, he may be charged with “intent to distribute.” There are a number of factors considered when determining if a possession charge will be enhanced. If the quantity of drugs recovered was particularly large–more than one person could reasonably consume for personal use–that alone can be enough to justify a distribution charge. Similarly, if the arresting officer finds a large amount of cash–even if it is not drug-related–that can lead to the assumption the suspect is engaged in some form of drug distribution.