Have you been stuck with drug possession charges? This charge can have serious consequences. However, your circumstances, like those of many people, may be complicated. Cases involving drug possession are rarely clear-cut. This is because drug use and its effects on the community are a hot-button topic for our society. Unfortunately, drug addiction is a very real issue many Americans struggle with. You should not feel ashamed if this is the case.
However, it may not be the case. While “It’s not mine.” is a popular excuse, it actually may not be. If you suspect someone may have planted drugs on you to try and incur legal repercussions, you should bring that up with your attorney.
Regardless of how it happened, you need to be prepared. Let’s look into Texas law surrounding drug possession and paraphernalia.
Texas Drug Laws
If you are in possession of controlled substances, you may violate the Texas Controlled Substances Act. In order to secure a conviction for drug possession, a prosecutor will have to prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or had control over a controlled drug. Furthermore, they must not have a valid prescription or order from a doctor. In Texas, there are four classes of drugs. Marijuana is classified as on its own.
Texas Drug Classes
- Group 1 comprises of opioids (including painkillers like codeine, hydrocodone, and oxycodone), opium derivatives and/or opiates (heroin and others), cocaine, methamphetamine, ketamine, LSD, mescaline, psilocybin, and similar hallucinogens. Penalties in this group range from two years in jail and a $10,000 fine to maximum life imprisonment for possession of 400 grams or more, with fines up to $250,000.
- Group 2 is made up of ecstasy (MDMA), PCP, hashish and other cannabinols derived from cannabis (marijuana). Penalties range from two years in jail to maximum life imprisonment for possession of 400 grams or more.
- The 3rd group is comprised of opiates not listed in penalty group 1, benzodiazepines and sedatives like Valium and others, anabolic steroids, methylphenidate (Ritalin), and other prescription drugs that have either a stimulant or depressant effect and potential for abuse. Penalties range from one year to a maximum of 20 years in jail.
- And finally, group 4 is any opiate not listed in penalty group 1, and a range of prescription medications and various chemical compounds that have a potential for abuse. Penalties are similar to those for group 3.
- Marijuana has its own class. Penalties range from probation, mandatory drug treatment, up to 180 days in jail, fines of $2,000 for possession of two ounces or less, and 6-month license suspension.
Where Do I Get Help?
Monks Law Firm is here for you in your time of need. Whether you had drugs on your person, or in your home, car, or place of work, we are ready to defend you. Like stated before, drugs create a complicated issue. Because of this, there is no reason for a drug problem to destroy your life. Through careful counseling with your attorney, you can overcome this speed bump in your life.
You need a competent and experienced attorney to come to your defense. Contact Monks Law Firm by calling us at (713) 666-6657 or filling out our contact form on our website here. Don’t hesitate to call when you are caught with drug possession charges.