Drug Charges

Drug Possession

The law on Drug Possession in Texas is contained in the Texas Health and Safety Code. Texas courts treat drug possession charges very seriously and the charges carry a wide range of punishments from lengthy prison sentences to probation, depending on the amount of drugs you are alleged to have possessed.

Possession is defined by the Texas Penal Code as having “actual care, custody, control, or management” of the substance. What this means is that you do not have to have the drugs on your person to be charged with possession. You can be charged with drug possession if drugs are found in a place under your control or management, such as your house, apartment or your car.

Drug Manufacturing and Drug Delivery

Drug Manufacturing and Drug Delivery charges are treated much differently than allegations of simply possessing drugs.

Texas law defines delivery as transferring, actually or constructively, to another a controlled substance, counterfeit substance or drug paraphernalia. With the definition of delivery including constructive delivery there is no requirement that there be a hand-to-hand transfer of the drugs. If you contact someone and advise them where the drugs will be and that person picks up the drugs, you can be guilty of constructive drug delivery.

Illegal Drug Classifications in Texas

The Texas Health and Safety Code divides controlled substances into five penalty groups, plus a separate category for marijuana. All of the common illegal street drugs are included as well as prescription medications that are illegal to possess without a prescription. Ranges of punishment are determined based on the quantity and the drug’s penalty group.

Penalties for Drug Charges

Depending on the quantity of the drug and the penalty group, you could be charged with anywhere from a misdemeanor up to a 1st degree felony, carrying a potential life sentence.

In addition to the criminal penalties associated with a conviction, the State of Texas can also seek to suspend your driver’s license for a violation of the Texas Controlled Substances Act and they can seize your vehicle or other property. Drug charges can also keep you from certain jobs and professional licenses.

Forfeiture

The State can also bring a civil forfeiture action against you and seek to seize any property used or intended to be used in the commission of your offense. This means that your home, car or other property can be taken from you if the State believes it was used in connection with the crime. If you are served with a forfeiture action, you should be aware that there is a limited time to respond. If you fail to respond, you will forfeit any right you might have to contest and the State will take your property.

The laws and potential punishments with drug charges can be complicated and you should contact us immediately if you find yourself facing any drug charge.