The penalties for controlled substance possession in Texas vary widely depending on the substance involved and how much you possessed. The criminal penalties for drug possession could include fines, jail time, and other consequences.
You should work with an experienced drug charge lawyer in Houston to better understand the potential consequences of a drug possession conviction and fight the charges to get a better outcome in your case. Having the right lawyer on your side can make a significant difference for your freedom and your future.
Understanding Texas Controlled Substance Laws and Penalties
When facing a drug possession conviction in Texas, several factors will influence the potential sentence you receive. This could include:
- The specific drug or drugs involved
- Where those drugs fall into the state’s nine categories of controlled substances
- The amount of the drug you possessed
- If you have a criminal history of drug-related offenses
With almost all drug possession charges, the potential penalties you could face include:
- Jail time
- Fines
- A 15-hour Drug Education Program
You could also receive additional penalties for possession such as probation, community service, and mandatory drug abuse rehabilitation. In addition, you will likely receive a driver license suspension until you complete the mandatory drug education classes. Under some circumstances, such as if you are charged with drug trafficking or drug distribution, you could face more serious consequences, including a significant prison sentence. A drug distribution lawyer in Houston can help you understand the charges, protect your rights, and build a strong defense aimed at reducing or dismissing the penalties.
Understanding How the Controlled Substance Categories Affect a Sentence
Under the Texas Controlled Substances Act, illicit substances are categorized into nine categories. Each category has its own laws and penalties for possession, manufacturing, and delivery. These laws play a significant role in the penalties you could face after a conviction. For example:
Cocaine Penalties:
- Under 1 Gram: 6-24 months in jail
- 1 to 4 Grams: 2-10 years in prison
- 4 to 200 Grams: 2-20 years in prison
- 200 to 400 Grams: 5-99 years in prison
All of these could come with a fine of up to $10,000, also. For those convicted of possessing more than 400 grams of cocaine, this will likely be a first-degree felony. These convictions come with severe penalties of at least ten years in prison and a fine of up to $100,000.
MDMA, Ecstasy, and Related Drugs Penalties:
- Under 1 Gram: 6 months to 2 years in jail and/or a $10,000 fine
- 1 to 4 Grams: 2-10 years in prison and/or a $10,000 fine
- 4 to 400 Grams: 2-20 years in prison and a $10,000 fine
- Greater than 400 Grams: 5-99 years in prison and a $50,000 fine
Marijuana Penalties:
Some marijuana possession cases are now charged as misdemeanors. Others, primarily those involving large amounts beyond what is considered reasonable for personal use, could be charged as a first-degree felony. Most cases result in fines, community service, or a short jail sentence, but the most serious could lead to years in prison and a fine of up to $100,000.
Hire an Experienced Attorney to Manage Your Possession of a Controlled Substance Case
The best way to avoid the harshest penalties after a controlled substance possession arrest in Texas is to hire a skilled Houston drug possession lawyer who understands the applicable laws and regularly builds strong defenses. Your attorney will review the facts of your case and develop a solid defense strategy for you.
It may be possible to avoid facing charges, get charges dropped, or clear your name at trial. Your lawyer will prepare evidence, present it at the right time, and help you protect your future and your freedom.
The potential defenses in a controlled substance possession case depend greatly on the circumstances of your arrest and the situation that led to it. Some common valid defenses include:
- You did not have possession or control of the drugs; they belonged to someone else
- You were unaware of the drugs, of what they were, or that they were illegal
- You had prescription medications from a doctor with a valid prescription
- The substance in question is not actually the controlled substance that it appears to be
- The amount is so small it cannot be accurately tested
- The police violated your rights by illegally searching your vehicle or property
- The police mishandled the evidence in the case and cannot prove it has not been tampered with or contaminated
Your drug possession lawyer will investigate what happened and develop a compelling defense strategy based on the facts. They will determine the best way to approach your criminal charges and how to fight for the best possible outcome for you.
When Should I Call an Attorney About a Controlled Substance Possession Arrest in Texas?
Contact a drug possession attorney as soon as possible after you are accused of illegal possession of a controlled substance or any other drug offense. This could be following your arrest during a traffic stop, when you learn there are charges against you, or when the police want to talk to you about an incident.
You should not face any court appearances or police questioning on your own. You want an experienced and knowledgeable lawyer by your side to protect your rights and build a strong defense that supports your freedom and your future.
Contact an attorney to discuss your next steps and how you can get them on your side before you go in front of a judge or your case proceeds.
Get Help with Your Possession Charge from a Criminal Defense Lawyer Today
Blass Law criminal defense attorney Jay Blass Cohen believes in Keeping Innocent People Innocent®. He understands how drug possession charges arise and knows how to defend clients against these allegations. He is an ACS-CHAL Forensic Lawyer-Scientist and certified in forensic chromatography for alcohol and drugs.
You can receive a confidential consultation today. Contact us as soon as you learn of the allegations against you or after your arrest for help.