Drug crimes are vigorously prosecuted in Texas. If you’ve been charged with possession of a controlled substance, understanding the penalties you can face is crucial. Please continue reading as we explore what you should know about controlled substances and why connecting with an experienced Dallas Drug Lawyer is in your best interest.
What Are Controlled Substances and What Constitutes Possession in Texas?
A controlled substance is a drug or chemical that is regulated by the government for its production, use, and possession. This includes prescription medications and illicit drugs. These substances are tightly controlled by the government due to their risk and high potential for abuse or addiction. Essentially, it prevents the misuse of potentially dangerous substances. If you are found in possession of controlled substances without a valid prescription, you will face criminal charges.
Federal and Texas law organize controlled substances into schedules and penalty groups based on their potential for addition and abuse. Drugs that pose a greater threat are classified in Schedule I, which includes substances like LSD, cocaine, and heroin. The least dangerous drugs are placed into Schedule V which includes cough syrup and nerve medications.
In Texas, a person is guilty of possession if they knowingly have a controlled substance in their actual control. To be in actual control, meaning you have physical control over the drug. For instance, if you are found with cocaine on your person, such as in your hand, pocket, or any place where you hav immediate access and control, it constitutes possession. Similarly, you can face criminal charges for constructive possession of a substance. This means you don’t have physical custody of the substance, but you are in a position to exercise control over it. For instance, if a motorist stores mariguana inside their vehicle’s glove compartment, they can be charged with constructive possession.
What Are the Potential Penalties for This Crime?
If you are facing a possession charge in Texas, it’s imperative to understand your rights and the penalties you can face upon a conviction. Texas is among the most aggressive states on drug crimes. The severity of the penalties you can face upon a conviction depend on the type of drug, the amount found in your possession at the time of the arrest, as well as other circumstances. You should note that possession of most illegal drugs in the state will result in a felony charge. For example, if you are found in possession of less than one gram of concaine, which is categorized as a Penalty Group 1 drug, you will face a state jail felony, which is punishable by up to two years in prison and a fine of up to $10,000. Furthermore, if an indivdual is in possession of large quantities of a controlled substance, it will lead to more severe penalties.
As you can see, the penalties for the possession of a controlled substance can be harsh, so it’s in your best interest to contact a determined attorney from Spangler Law. Our firm is prepared to help you determine the best course of action to protect your future. Connect with our team today for a consultation.
