Drug charges in Texas are serious. Whether you are arrested for the possession of a small amount of marijuana or you are arrested for a more serious offense, drug possession charges can result in severe penalties including jail or prison time, stiff fines, loss of driving privileges, inability to gain admission to college or graduate schools, denial of student loans, inability to rent an apartment, and restricted employment opportunities. If you are arrested for a drug possession charge in Collin County, hiring a drug lawyer to represent you will ensure that your legal rights are protected.
Definition of Common Drug Possession Charges in Texas
Possession of Controlled Substance — In Texas, a person commits possession of a controlled substance if the person knowingly or intentionally possesses a controlled substance without a prescription from an individual licensed to practice medicine in the state of Texas.
Possession of Drug Paraphernalia — In Texas, a person commits possession of drug paraphernalia if the person knowingly or intentionally uses or possesses with the intent to use the drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Possession of Drugs with the Intent to Distribute — In Texas, a person commits possession of drugs with the intent to distribute if the person knowingly manufactures, delivers, or possesses with the intent to deliver a controlled substance.
Obtaining Controlled Substance by Fraud — In Texas, a person obtains a controlled substance by fraud if the person, with the intent to obtain a controlled substance that is not medically necessary for the person or an amount of a controlled substance that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact.
Possession of Marijuana — In Texas, a person commits possession of marijuana if the person knowingly or intentionally possesses any usable quantity of marijuana.
Delivery of a Controlled Substance or Marijuana to a Child — In Texas, a person commits delivery of a controlled substance of marijuana to a child if the person knowingly delivers a controlled substance or knowingly delivers marijuana and the person delivers the controlled substance or marijuana to a person:
-
- who is a child;
- who is enrolled in a public or private primary or secondary school; or
- who the actor knows or believes intends to deliver the controlled substance or marijuana to a person who is a child or is enrolled in a public or private primary or secondary school.
Penalty Groups for a Controlled Substance Charge
The Texas Controlled Substances Act classifies controlled substances including medications, chemicals, prescription pills, street drugs, narcotics, stimulants, hallucinogens, depressants, and man-made substances into four different penalty groups which are used to establish the various penalties and punishments for drug charges in Texas. Below, is a list of the penalty groups along with some examples of various drugs that fall under each penalty group.
- Penalty Group I — Heroin, methamphetamines, codeine, morphine, oxycontin, hydrocodone, GHB, and cocaine.
- Penalty Group I-A — LSD
- Penalty Group II — Mushrooms, ecstasy, hallucinogens, and bath salts
- Penalty Group III — Valium, Ambien, Xanax, Peyote, and anabolic steroids.
- Penalty Group IV — Many non-prescription medications such as cough syrups.
Your 4th Amendment Right to be Free from Unlawful Searches and Seizures
The laws governing drug possession charges in Texas are extremely complex. 4th Amendment search and seizure issues are very common when dealing with the facts and circumstances surrounding an arrest that results in a drug charge. If the police violate your rights under the 4th Amendment, whether intentionally or unintentionally, then any evidence discovered as a result of the violation will not be available to the district attorney and will be inadmissible at trial. This often leads to the State dismissing the drug charge altogether because, if evidence is attained illegally and it is excluded, the State may lose it’s only evidence as to certain elements of the drug charge.
However, your rights under the 4th Amendment to be free from unlawful searches and seizures are not automatically protected. A Motion to Suppress evidence must be filed with the trial judge in order to challenge an unlawful search or seizure and protect your rights.
Marijuana Lawyer Plano TX Defending Drug Charges in Collin County
If you have been charged with a drug-related offense, marijuana lawyer, Mark O’Bryan, will thoroughly investigate the facts and circumstances leading up to your initial detention and arrest to determine whether or not any evidence collected by the State may be suppressed. In addition, Mark O’Bryan will vigorously fight to protect your rights and obtain the best possible outcome in your case so that you may move on with your life.