Understanding Texas Drug Possession Laws
Controlled substances are those drugs or chemicals whose possession, use, or manufacture is regulated by the government. Texas' regulations are among the most stringent in the country: a conviction for less than a gram of cocaine can land you in jail, slam you with substantial fines, and leave a permanent felony on your record.
Even without jail time, a conviction can have a severe impact on your daily life. Monetary penalties can strain your budget and relationships with your family. Felony charges can undermine educational and career goals, as well as valuable civil rights and privileges.
The Penalty Groups
Because every substance has different effects, the state of Texas divides drugs, medications, and chemicals into five Penalty Groups:
- Group 1: This category includes substances such as cocaine, heroin, methamphetamines, and marijuana. Possession of these substances usually leads to felony charges, though the sentence can range anywhere from six months to life in prison.
- Group 1a: This category includes LSD and other related substances. Like Group 1, possession of these drugs is considered a felony.
- Group 2: This category includes most psychedelic drugs, such as mescaline, ecstasy, and synthetic cannabinoids. Possession leads to felony charges.
- Group 3: This category covers an extensive list of prescription drugs such as Valium, Xanax, and anabolic steroids. Possession of drugs falling into this category can be a Class A misdemeanor or a felony and can result in up to a year of county jail.
- Group 4: This category includes a wide range of drugs, from certain anti-diarrheal medications to morphine. Possession of these drugs can lead to a class B misdemeanor charge and 180 days in jail.
A number of factors can lead to enhanced sentences, including prior conviction, possession in a school setting, and drug trafficking.
Defenses for Drug Possession Charges
If you are accused of possession, the burden of proof lies with the state. Prosecutors must prove that: a confiscated drug was in your physical possession or among your belongings; that you knew you had the drug; and that you knew the drug was illegal. Depending on the number of people involved and other specifics of the case, your attorney may be able to substitute jail time for treatment or counseling.
Possession of a controlled substance can have severe legal consequences for the rest of your life.
Mr. Trumpler spent years working as a narcotics prosecutor and knows how to navigate both drug crime law and enforcement tactics. An expert on search and seizure law, he moves aggressively to protect the constitutional rights of his clients. Mr. Trumpler will do everything possible to defend your innocence and eliminate or reduce consequences.
Begin Building Your Defense As Soon As Possible
Possession of a controlled substance can have severe legal consequences for the rest of your life. For immediate assistance 24-hours a day, call Trumpler Law at (512) 457-5200, or contact us online. We can help you handle all types of drug charges and regularly assist with bail and release.