Drug possession is the most common drug charge. This occurs when someone is in possession of a controlled substance as outlined in their state's law. In Texas, various substances are covered in the Texas Controlled Substances Act. If it can be proven that someone accused of drug possession knowingly had possession or control over an illegal substance, they can be convicted of this crime.
What You Need to Know About Texas Drug Possession Laws
Texas law distinguishes four classes of drugs that can result in someone being charged with drug possession. These range from prescription medications to marijuana, heroin and cocaine, amongst others. Depending on the type of drug, how much was discovered, how the substance was stored, associated drug paraphernalia, and any past convictions, an individual will face varying penalties.
Unfortunately, Texas has some of the harshest penalties for drug possession in the entire country. Someone that has been accused of a crime may find themselves facing between 180 days and life in prison and fines of $10,000 to $250,000. With so much on the line, ensuring a solid defense against drug possession charges can make the difference between walking away free and facing a lifetime in jail.
Defenses used to prove innocence in drug possession charges include:
- Lack of knowledge
- Approved under the Federal Food, Drug, and Cosmetic Act
- Prescribed medication
- Insufficient amount
- Illegal search and seizure
Someone that may have an addiction to a particular controlled substance is unable to use that fact in their defense. Addiction does not excuse anyone from committing a crime, and while someone may have a physical need to be in possession of that substance, the court will not see that as an excuse to break the law.
If you or a loved one have been accused of drug possession in Texas, you need to act right away to get a drug crime attorney on your side. Besides knowledge of the law and courtroom procedures, an attorney has the resources available to prove your innocence.
Call Mark Morash, Attorney at Law to schedule your free consultation today.