Penalties and defense options for drug possession charges in Texas

On Behalf of | Aug 6, 2020 | Drug Possession

While marijuana laws have changed drastically throughout the nation, some states, including Texas, are tough on the possession of marijuana. If an individual is found in possession of any controlled substance, he or she should could face serious penalties, if convicted. Whether it is a minor drug possession charge or a felony drug possession charge, it is important that individuals accused of such crimes understand their rights and options when it comes to these charges and what defense options may be available.

Penalties for drug possession

In the sate of Texas, the penalties associated with drug possession are dependent on various factors. These are primarily the type of drug in questions, the quantity of that drug, how the drug recovered was stored or concealed, possession of additional drug paraphernalia, such as a scale or large amounts of money and any past convictions for drug crimes.

These factors will determine whether one is charged with a misdemeanor or a felony as well as what class they are charged. The least one could be charged for drug possession is a Class B misdemeanor. This could result in a penalty of up to one year in jail and a fine of up to $4,000. In contrast, the most severe drug crime is a first-degree felony charge. This could result in life or 99 years in prison and a fine of up to $250,000.

Possible defenses

Because the penalties for a drug possession charge can range greatly, it is important that those accused of this crime fully understand their defense options. While the defenses available are dependent on the circumstances and the details of the matter, the following are potential defenses.

This includes the lack of knowledge that they were in possession of a controlled substance, the drug in question was not intended for human consumption, the substance has been approved for a new application, the drug has been approved for investigational use, the drug is medical marijuana, the drug is a prescribed medication by the persons’ doctor or there was an insufficient quantity for the charges.

Asserting one or more of these defenses could help the accused reduce or even dismiss the charges against them. Thus, it is imperative that those facing drug possession allegations, no matter the severity of the charge, understand their defense options and how best to assert a strong defense.


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