Possession of Controlled Substance

In Texas, criminal charges of Possession of Controlled Substances can be prosecuted by both State and Federal agencies.  Most people arrested for drug charges thankfully do not have to face the complicated federal courts – and the rigid sentencing laws.  If you have been arrested in Texas for Possession of a Controlled Substance, you need an attorney to help you understand the potential penalties, defenses, and strategies for a successful outcome.  

Drug Charge Schedules and Penalty Groups

Texas drug charges and punishments are based on certain schedules and penalty groups.  The DEA classifies drugs into “schedules”.  

The Schedules range from 1 to 5.  Schedule 1 drugs are those the DEA believes to have no medical uses, but have a high potential for abuse or addiction.  One example of a Schedule 1 drug is Heroin.  Schedule 5 drugs are those frequently used for medical purposes, but have low addictive properties.  Robitussin AC is an example of a Schedule 5 drug.  

Penalties for Drug Charges

Texas Drug Crimes are further broken down into penalty groups.  The groups range from 1 to 4, with penalties ranging from a misdemeanor to a felony.  The penalty groups also criminalize possession of certain parts of drugs, such as the ingredients to make the actual drug.  

If you are charged with Manufacturing a Controlled Substances or Delivery of a Controlled Substance, the penalties are enhanced compared to possession.  Other factors can increase jail time or probation, such as previous convictions or being within a drug-free zone.  

Penalties can include fines, jail time, probation, and other collateral consequences.

Fighting Drug Charges

To convict you of drug possession, the State must show that you knowingly or intentionally possessed the substance.  In some instances, it is a defense to the charge if you had a prescription to possess the drug.   

In some cases, a plea agreement might be your best option.  Different jurisdictions have programs that can get you the help you need.  Some programs even offer a chance to have your record sealed once you complete the program.  

If you are charged with a drug crime, call my office today (469) 626-7529!