How does Texas law define drug crimes? The Texas Controlled Substance Act outlines all of the types of crimes related to illegal drugs. It also outlines which types of substances are “controlled,” or restricted under the law. Drug possession and drug distribution charges are distinct crimes under the Texas Controlled Substance Act. Each substance in the Act is classified based on how dangerous it is to users and society. There are several significant differences between drug possession and drug distribution crimes that we will discuss below.
What Constitutes Drug Possession?
Drug possession is a commonly charged drug crime in Texas. Defendants can face drug possession charges even if they contain a tiny amount of a controlled substance. According to Texas law, any defendant who was found intentionally and knowingly possessing a controlled substance without a valid prescription from a doctor is guilty of the crime of drug possession.
The penalties for drug possession depend on the type of controlled substance and the amount of the drug the defendant allegedly possessed. Courts also consider how the defendant stores the drug, if they were found with any drug paraphernalia, and the defendant’s past criminal convictions. Those found in possession of a large quantity of dangerous drugs, such as heroin, can face first-degree felony charges.
Marijuana Possession
At Abel Law Firm, our defense lawyers have successfully represented many clients facing drug possession charges. Even though several states recently legalized marijuana possession in small amounts, possession of marijuana is still a crime in Texas and under federal drug laws. Possession of even a small amount of marijuana can land a defendant in jail in Texas. If you are caught with 2 oz or less of marijuana, you face a fine of up to $2,000 and a maximum penalty of 180 days in jail. Possession of more serious substances such as hash oil can result in a felony conviction, which carries a state prison sentence of up to two years.
Drug Distribution Charges
Law enforcement authorities can bring drug distribution charges against the defendant when they discover a significant amount of illegal drugs on the defendant. Drug distribution charges are more serious than drug possession charges. Prosecutors bring drug distribution charges when they believe a defendant was selling a controlled substance or trying to sell the substance. Even if you simply possess a large amount of a controlled substance, prosecutors can still bring drug distribution charges. Like drug distribution charges, drug manufacturing charges are incredibly serious. Drug manufacturing occurs when a defendant is creating the controlled substance he or she intends to sell. The penalties for drug distribution are severe and range from 180 days in jail to fines up to $250,000.
Contact a Dallas Drug Defense Lawyer Today
An experienced drug charges defense lawyer will be able to negotiate with your prosecutor and attempt to reduce your charges or convince the prosecutor to drop the charges. If you are facing drug possession or drug distribution charges in Dallas, Texas, we can help. Contact Abel Law Firm today to schedule your initial consultation.