What Are The Most Common Drug Offense Cases That You Handle?
Marijuana is the most common street drug nationally. Texas is tough on drug possession and they are even harder on distribution. Although marijuana is becoming legal in many other states, it is still illegal in Texas and arrests for marijuana are still very common. Offenses related to cocaine, heroin and other opioids, and crystal methamphetamine are common. Use and distribution of MDMA (otherwise known as ecstasy or molly) has also become a common offense that we handle.
How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony?
The weight or amount of the drug, the type of drug and the intent of the person charged will determine whether a drug charge is a misdemeanor or a felony. For instance, possession of 3 oz. of marijuana is a class B misdemeanor in Texas but possession of that same amount of cocaine is a felony.
What Is An Unlawful Controlled Substance?
An unlawful controlled substance is an illegal drug. It is controlled because its use and distribution are governed by law. Not all controlled substances are illegal. When a controlled substance is manufactured or distributed without government approval they are unlawful. It is illegal for someone to possess or distribute an unlawful controlled substance, and it can be illegal to possess a controlled substance even if it would otherwise be lawful. For example, it would be illegal to possess some prescription drugs if the prescription wasn’t for you.
What Is Considered Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs?
Possession is having the care, custody or control of unlawful drugs. Sale, distribution or Intent to distribute are classified as manufacture or delivery of a controlled substance in Texas. You could be charged with this offense even if you had no specific buyer in mind. The penalties for these charges can be much more severe than for simple possession.
What Is Considered Drug Trafficking In Your State?
In Texas, you can be found guilty of drug trafficking if the state can prove that you knowingly delivered illegal drugs. Drug trafficking means delivering unlawful controlled substances or marijuana. The amount of the drug, absence of prescriptions for otherwise lawful drugs, large amounts of cash or weapons and packaging materials are all factors when the state is levying a charge of this nature.
Are There Any Laws Addressing Drug Paraphernalia In Your State?
In Texas drug paraphernalia charges cover a wide range of penalties. Drug paraphernalia can include but are not limited to: bongs, rolling papers, blenders, scales, balloons, syringes, or even Ziploc bags, A drug paraphernalia charge can result in as little as a Class C charge, punishable by only a fine up to $500 to a class A misdemeanor if the charge is for distribution with intent to sell or distribute paraphernalia. The max punishment for a class A charge is a year in jail. Delivering drug paraphernalia to children is a state jail felony.
Can A Passenger Receive A Drug Related Charge If Drugs Are Discovered In The Vehicle?
Yes. Possession in Texas can be physical or constructive. The court can convict you of possession of a controlled substance as a passenger in someone else’s car if you knowingly possessed the drug by exercising control, management or care of the drugs.
For more information on Common Drug Related Offenses In Texas, A Free Consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 209-2297 today.
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