/Drug Possession
Drug Possession2018-11-08T19:39:32+00:00

If you have been arrested for possessing methamphetamine, cocaine, marijuana, heroin or a drug without a prescription in the Dallas-Fort Worth area, then you could be charged with a misdemeanor or felony depending on the amount or drug that you allegedly possessed.

If you have been charged with possessing a illegal drug, your main interests should be to avoid being found guilty, to prevent a final conviction on your record and obviously to avoid time in jail.

These goals are possible depending on the type and amount of the drug possessed, for example marijuana 4 ounces or less is a misdemeanor, while ecstasy, heroin, and cocaine are felonies.

How to defend a drug case?

It may seem difficult to defend someone who was arrested for possession of drugs.  However, the police must follow the law and searches must be conducted in a constitutional manner.  Therefore, you must have an attorney that will challenge the Stop or Search and make sure the police had reasonable suspicion to stop the person and probable cause to search for drugs.  If the police violated your legal rights, then the stop and/or search could be suppressed by the judge and then your case must be thrown out.

If you were arrested for drugs that were found in your car and you had other people in the vehicle, the State must prove you had care, custody and knowledge of the drugs found.  Therefore, there may be reasonable doubt whether you knew about the drugs or if the drugs were actually yours and that you illegally “possessed” the drugs.

If a search warrant was used to search your car, business or home, the warrant may have been defective and therefore, the drugs found should be thrown out.

Penalties for drug possession:

Marijuana Possession Law:

Under Section 481.121 of the Texas Controlled Substances Act a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(1)  a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2)  a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3)  a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4)  a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5)  a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Cocaine, Heroin or Methamphetamine Possession Law Penalty Group 1:

Under Section 481.115 of the Texas Controlled Substances Act Sec. 481.115 a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c)  An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

 Additional Penalties:

The Department of Public Safety can suspend your driver’s license for up to 6 months if your are convicted under the Texas Controlled Substances Act.

The penalty ranges for all the different groups of drugs can be very complicated especially if you have prior drug convictions; therefore, please contact Dallas drug possession attorney, Murray L. Bristol, at 214.880.9988 and he will be glad to provide you with a free consultation.