The Essentials Of Drug Possession In Texas

Being convicted of drug possession in Texas comes with severe penalties, which often include jail time. Despite the severe penalties, drug possession is a common crime here in Texas. Just recently, the Texas Department of Public Safety (“DPS”) seized in excess of four pounds of methamphetamine. Said methamphetamine was found in Carson County following a lawful traffic stop by a Texas Highway Patrol Trooper. The suspect, Candy Crandall, 45, was driving a Honda passenger car and was traveling east on IH-40 before being pulled over. Following the traffic stop, the officer noticed a trash bag containing four plastic-wrapped packages of methamphetamine in plain view. Apparently, the drugs were valued at around $348,000. Crandall was arrested and charged with felony possession of a controlled substance. Crandall was transported and booked into the Carson County jail.

It is well known that Texas has strict laws relating to controlled substance and narcotic drug possession. For instance, if you are convicted of possession of any drug, you may face jail time, probation, fines, and the loss of your driver’s license for up to six months. Therefore, if you have been charged with drug possession, given the severe penalties, it is critical that you hire an attorney for your case. The experienced Texas criminal defense attorneys at the Wheeler Law Office are here for you. Whatever the charge, being accused of a drug crime is nothing to take lightly. You need an experienced attorney who will aggressively defend against the charges you face. At the Wheeler Law Firm, we provide the strong legal defense you need in the face of serious drug charges.

Texas’s Possession Law

The Texas Controlled Substance Act makes it unlawful to possess several illicit and controlled drugs. However, to be convicted of drug possession, a prosecutor must first prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or had control over a controlled drug for which he or she does not have a doctor’s order or prescription. Per Texas law, there are four main classes of drugs

Defenses to Drug Possession

As with other criminal charges, there are several valid defenses to a charge of drug possession. First of all, however, please remember that drug addiction is not a defense to a charge of drug possession. Some possible defenses include:

  • The defendant was unaware of the possession of the drugs.
  • The drug is a substance for which there is an approved new application under the Federal Food, Drug, and Cosmetic Act.
  • The defendant never intended to consume the drug.
  • The drug is actually prescribed by a medical doctor.
  • The drug is medical marijuana.

Hire an Attorney for Your Case

Again, if you have been charged with drug possession, it is critical that you hire an attorney for your case. The experienced Texas criminal defense attorneys at the Wheeler Law Office are here for you. The Wheeler Law Office is available 24 hours a day, 7 days a week. We offer a FREE consultation and we are prepared to travel to you to discuss your legal options if, for example, you are currently in jail.