In Texas, drug possession charges come with serious consequences, which is why it is crucial for League City and Galveston residents to understand the laws that govern these offenses. From the classification of drugs as controlled substances to their respective punishments, a clear understanding of your rights is what will make all the difference in protecting your future.
This article outlines the intricacies involved in Texas drug possession and why it’s crucial that one gets a strong legal counsel.
Texas Drug Possession Laws
In Texas, drug possession is a serious offense governed by strict laws under the Texas Controlled Substances Act. It groups drugs by penalty group numbers according to their abuse potential, medical use, and hazards to public health. A breakdown of penalty groups will look something like this:
- Penalty Group 1: Includes substances such as cocaine, heroin, methamphetamine, and fentanyl. These are considered highly dangerous and thus carry the harshest of penalties.
- Penalty Group 2: Drugs that include ecstasy, otherwise known as MDMA, and synthetic THC.
- Penalty Group 3: Prescription drugs like Xanax and Valium are included in this group, the misuse of which can result in dependency.
- Penalty Group 4: Comprises some prescription medications containing a small amount of narcotics.
Marijuana is considered separately under Texas law and has its own set of punishments.
Recommendation: For a broader understanding of the legal framework surrounding criminal offenses in Texas, visit our criminal law overview page.
Drug Possession Penalties in Texas
The penalties for drug possession do indeed vary based on the type and quantity of the substance but also on other factors, such as prior convictions and whether the possession occurred near certain sensitive locations-e.g., schools. Here’s an outline of common penalties:
Possession of Less Than One Gram (PG1):
- Charge: State Jail Felony
- Penalty: 180 days to 2 years in a state jail, fines up to $10,000
Possession of One to Four Grams (PG1):
- Charge: Third-Degree Felony
- Penalty: 2 to 10 years in prison, fines up to $10,000
Possession of More Than 200 Grams (PG1):
- Charge: First-Degree Felony
- Penalty: 5 to 99 years in prison, fines up to $10,000
Marijuana penalties range from a misdemeanor for possession of small amounts to a felony for larger quantities.
Enhancements and Aggravating Factors
Texas has more serious punishments for possession under specific circumstances, including:
- Possession Near Schools or Daycare Facilities: If the offense occurred within 1,000 feet of a school or 300 feet of a daycare, the charges can be enhanced.
- Possession with Intent to Distribute: If there is evidence of an intent to sell or distribute, the penalties become substantially harsher.
- Use of a Minor: Involving a minor in drug-related activities can lead to additional charges.
Legal Defenses for Drug Possession Charges
If you are facing drug possession charges, a skilled criminal defense attorney in League City or Galveston can evaluate your case and identify potential defenses. Common defenses include:
- Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights, evidence obtained during the search may be inadmissible in court.
- Lack of Possession: It can be a good defense when one can show that he/she did not knowingly possess the drugs or that they belonged to someone else.
- Lack of Evidence: Prosecutors must prove each and every element of the charge beyond a reasonable doubt. If they cannot, your case may be dismissed.
How to Avoid Common Mistakes After an Arrest
If you are arrested for drug possession in Texas, there are several common mistakes that you will want to avoid in order not to harm your case:
- Do not speak without an attorney: Anything you say can and will be used against you.
- Do not agree to additional searches: Politely decline any further searches of your property.
- Immediately contact an attorney: The sooner you have representation, the better your chance at a good outcome.
Final Words
Drug possession charges can have life-altering consequences, from lengthy prison sentences to difficulties finding employment or housing. Hiring an experienced criminal defense attorney in Galveston or League City is critical to protecting your rights and securing the best outcome.
At the Law Offices of Tad Nelson & Associates, our attorneys have a wealth of experience in defending against accusations of drug possession. Fully prepared to address the intricacies of Texas drug laws, our lawyers know how to tailor a specific strategy for each unique situation.
Contact us at 281-280-0100 or through our website’s contact page to set up an appointment and explore your options today. We are here to help.