The possession of certain drugs and substances in Texas can violate the Texas Controlled Substances Act. The penalties for possession vary depending on the type and amount of drug, as well as the circumstances in which the possession was discovered. But in general, to convict a defendant on a drug possession charge, the prosecutor must be able to prove you both knowingly and intentionally possessed or otherwise had control over a controlled substance for which you did not have a valid prescription or order.
Let’s take a quick look at some of the drug possession laws in Texas you should be familiar with while working with a criminal lawyer in Lubbock, TX on your defense.
Potential defenses in your case
As you may be aware, Texas is among the strictest states in the nation with regard to the penalties it implements for drug possession. Therefore, it is important to craft a solid defense that will help you avoid some of the serious penalties the state hands down. Here are a few of the most common defense strategies used in drug possession cases of various types:
- The defendant did not know he or she possessed the controlled substance in question
- The drug was not intended for human consumption
- The defendant had a valid prescription for the drug from a medical doctor (including prescribed medical marijuana)
- There was not enough of the drug to convict in the case
- The drug was a substance categorized as a product with an approved new drug application under the Federal Food, Drug and Cosmetic Act
- The drug was approved for investigational use under that same legislation and the defendant conducted him or herself in accordance with the rules of that Act
Potential penalties for conviction
The types of penalties you face for a drug possession conviction in Texas vary widely depending on a number of factors, including the kind of drug, the quantity of drug, how the drug was being stored or concealed, whether or not you have any past convictions (especially past drug convictions) and whether you possessed any additional drug paraphernalia.
Possession constitutes a Class B misdemeanor at the very least, and scales up from there. A Class A misdemeanor carries penalties of up to a year in county jail and a fine of up to $4,000. Particularly egregious cases can qualify as first-degree felonies, carrying life in prison and fines of up to $250,000.
There are special rules in place for marijuana possession, which typically is classified as a Class B misdemeanor.
For more information about drug possession penalties in Texas, contact a trusted criminal attorney in Lubbock, TX at the Law Office of Rob Biggers today.
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Categorised in: General Legal Questions