Drug Possession Penalties
Drug Possession Attorney – Brett Podolsky
A drug possession charge in the state of Texas is cause for alarm. The Texas Penal Code and Controlled Substances Act clearly specify severe penalties for possession of illegal drugs. The application of Texas drug possession laws in the court system, on the other hand, is enormously complicated and open to interpretation. Only an experienced Houston-area drug possession lawyer is equipped to protect a defendant’s constitutional rights and obtain a favorable outcome.
Texas Drug Possession
Though the term intoxication is customarily associated with alcohol consumption, Texas law defines it as demonstrating a loss of normal mental or physical faculties due to the use of drugs, alcohol or a controlled substance. It is a criminal offense to put others at risk due to intoxication while in a public place. It is also illegal to operate any kind of vehicle while intoxicated.
Drug Possession Penalties
Texas drug possession laws and penalties are rigorously enforced. Simple drug possession offenses, including possession with intent to distribute, can result in either a misdemeanor charge or felony charge. The nature of the charge depends on the quantity possessed, how the drug was stored or concealed, the presence of paraphernalia, the discovery of large amounts of money and the offender’s criminal background. The following is a brief summary of the drug possession classifications and penalties in the state of Texas:
- The laws and penalties for possession of marijuana are distinct from other drug possession laws. The maximum penalty for possessing less than two ounces of marijuana is six months of confinement. A Houston-area drug possession attorney may be able to negotiate a plea deal that includes participation in a treatment program. A marijuana possession conviction for more than two ounces can mean up to 20 years in state prison and a substantial fine.
- Penalty Group 1 includes drugs such as cocaine, heroin and methamphetamine. Possession penalties range from two years to life in prison and a fine of no more than $100,000. The maximum penalty for possession of LSD or other hallucinogens is life imprisonment and a $250,000 fine (Penalty Group 1A).
- Penalty Group 2 provides maximum penalties for possession of PCP, mescaline, hashish, Ecstasy and other illegal drugs. Offenders can be sent to prison for life and fined up to $50,000.
- Penalty Groups 3 and 4 cover prescription drugs such as Valium and Ritalin. An offender who possesses 400 grams or more could be sent to prison for life and fined up to $50,000.
Speak to a Houston Drug Possession Lawyer
A conviction for possession of narcotics or the manufacture of a controlled substance should be avoided at all costs.
For more information about an expert legal defense in the Houston area, talk to Houston attorney Brett Podolsky at 713-227-0087 and get a free initial consultation.