Dallas Drug Possession Lawyer
Drug Crimes Possession Lawyer: Possession VS Using
A drug crimes possession lawyer is the best person to handle a drug charge.
Heroin is not the only drug crime of concern in Texas. Other illegal substances such as crystal meth, cocaine, prescription pills, and marijuana are often used in Texas and may often put an otherwise normal individual in jail or a body bag after an overdose.
If you believe that Texas’s drug abuse problems are related to the state’s closeness to the Mexican border, you are correct. The magnificent state of Texas is dealing with a drug abuse and addiction issue that is becoming worse by the year.
With the growth of drug cartels and drug trafficking groups, the people of Texas are seeing an increase in illicit narcotics, as well as illegally used prescription pharmaceuticals and, of course, the major substance of usage in Texas-alcohol.
Texas Drug Statistics
The border between Texas and Mexico is partly to blame for the number of narcotics carried into the United States. “Texas and Mexico have a 1,254-mile border that follows the Rio Grande River.” This border territory, most of which is open and unable to be continually monitored by border enforcement authorities, is heavily exploited by drug trafficking organizations (DTOs) to carry illegal substances into the United States” (National Drug Intelligence Center). Daily shipments of marijuana, methamphetamine, cocaine and heroin entering Texas are the responsibility of drug trafficking groups.
Legal VS Illegal Drugs: What’s The Difference?
Whatever your stance on drug crimes is, there’s no denying we live in a drug society. And it’s not just illicit drugs; individuals in the United States are often addicted to a variety of pharmaceuticals, both prescription and over-the-counter, that modify or impact their health and well-being.
It’s pretty uncommon to see folks walking about with drugs and drug paraphernalia. Even when drugs like marijuana are used for medicinal reasons, it’s becoming increasingly difficult to distinguish between what’s unlawful and what isn’t.
In fact, every medicine, from strong Valium to the most basic aspirin, may become hazardous if abused or misused. Furthermore, the nation as a whole has strong restrictions in place addressing drug trafficking and the use of illicit narcotics such as cocaine and heroin.
Texas has among of the country’s harshest drug prohibitions. According to the website Drug Possession Laws, “simply for possession of any drug, you might face prison time, probation, fines, and a 6-month suspension of your driver’s license” in Texas.
Among The Numerous Illicit Narcotics In Texas Are
- Marijuana – Texas joins a group of about 20 states that prohibit the sale and use of marijuana – this means that cannabis is not permitted for medical purposes, let alone other personal use. Possession of a small amount of marijuana (less than 2 oz) might result in a 180-day jail term. However, plea bargains and probation are frequently used successfully to keep defendants out of jail. Possession and/or sale of significantly higher quantities of cannabis – up to 2,000 pounds – may result in a life sentence.
Despite strong popular support for marijuana legalization, Texas legislators continue to impose draconian penalties for an illicit drug. The severity of the penalty is determined by the charge and quantity of marijuana involved.
The Texas Health and Safety Code (Section 481.120) states that if you have “actual care, custody, control, or management” of marijuana, you are in possession of it.
The penalties and punishments for marijuana possession vary according to the quantity of marijuana possessed.
Possession of a small amount of marijuana (less than two oz) is a Class B misdemeanor in Texas, which can be punished by up to 180 days in county jail and/or a $2,000 fine, as well as two years of community supervision (probation). Possession of 2 to 4 ounces of marijuana may result in a year in prison and a $4,000 fine.
In Texas, possessing more than 4 ounces of marijuana is a felony. Possession of up to 5 pounds is punishable by 180 days to 2 years in prison and a $10,000 fine. The fine for 5 to 50 pounds is $10,000, and the prison term is 2 to 10 years.
The fine for 50 to 2,000 pounds of marijuana is $10,000, and the sentence ranges from 2 to 20 years in prison. For more than 2,000 pounds, the jail penalty is from 5 to 99 years, with a fine of $50,000.
- Cocaine, Heroin & Methamphetamine – These narcotics are classified as “Penalty Group 1” in Texas, and possession of them may result in a two-year prison sentence and a $10,000 fine. The punishment, like marijuana, might escalate drastically in proportion to the quantity of the substance in possession.
In Texas, possession of less than one gram of meth may result in a $10,000 fine and up to two years in jail. Possession of 1 to 3.99 grams of meth is a third-degree felony punishable by a $10,000 fine and 2 to 10 years in jail. Possession of 4 to 199 grams of meth is a second-degree felony punishable by a $10,000 fine and 2 to 20 years in jail.
Possession of 200 to 399 grams of meth is a first-degree felony punishable by a $10,000 fine and a jail sentence ranging from 5 to 99 years. Possession of 400 grams or more of meth is a “enhanced” first-degree felony punishable by a $10,000 fine and a jail sentence ranging from 10 to 99 years.
- LSD – Hallucinogens such as LSD are illegal in Texas, with penalties ranging from two years to life in prison and associated fines.
Trafficking in quantities ranging from one to nine grams. This crime is punishable by up to 40 years in jail and a $2 million fine. Trafficking in more than ten grams. This felony carries a maximum sentence of life in prison and a fine of up to $8 million.
- Club Drugs – So-called “club narcotics” such as Ecstasy and PCP are illegal in Texas, with penalties including prison time and fines based on the quantity of drugs in the defendant’s possession.
Ecstasy, PCP, hashish, and other cannabis-derived substances The penalties vary from 2 years in jail and a $10,000 fine for less than 1 gram to life in prison for more than 400 grams.
Legal (But Controlled) In Texas
In Texas, controlled substances, such as medications prescribed by a doctor, are lawful. However, it is prohibited under federal law to resale such pharmaceuticals or issue a prescription if you are not authorized to do so. Licensed health care providers may also refuse to issue a prescription for medicine if the patient has no legitimate need for it.
“A conviction for illegally selling prescription medications entails quite severe consequences,” according to a Criminal Defense Lawyer. “Unlawfully selling a drug is regarded much more harshly than merely having a narcotic illegally.” As a consequence, although a possession conviction may result in a fine or a misdemeanor record, an unlawful sale conviction usually results in a felony record as well as a jail sentence.
Furthermore, health care practitioners and pharmacists who are convicted of unlawfully distributing prescription pharmaceuticals suffer not only criminal fines but also the loss of their licenses (and hence their livelihoods).”
Defense Against Drug Crimes Charges
A judge in Texas may examine variables such as the quantity of drugs involved, previous arrests, or convictions. They may also consider whether or not the defendant was carrying a large amount of cash along with the narcotics, and how the drugs were disguised when deciding guilt for drug crimes.
For first-time minor violations, a fine may be followed with incarceration in a drug clinic or other rehabilitation center. However, if the person has a history of drug offenses or if the possession is closely linked to drug selling, the sentence might be significantly harsher.
What To Do If You Are Stopped For Suspected Drug Use
Officers are taught to recognize particular things that are thought to be related to alcohol or drug use. Some of the signs for drug use are the same as for alcohol: wet eyes, difficulty speaking, and being unstable on your feet. Additionally, they are watching for quick or slow speech, bewilderment, excessive perspiration, or even a green film on your tongue. Most cops, however, are not trained as Drug Recognition Experts (DRE), and if they suspect drug usage, they are obligated to have you tested by a DRE. If it doesn’t happen, they’re simply guessing.
Is It Common For Standardized Field Sobriety Tests To Be Used In Drug DUI Cases?
Yes, they will try to persuade you to do the normal field sobriety tests; this will help them develop a case against you and provide them with additional opportunities to check for their signs. As with every DUI stop, you should never engage in field sobriety testing; you are not obligated to do so, and you should not allow an officer to scare you into believing you must. Simply inform them that you are aware of your rights and will not be doing any field sobriety testing.
What Is A DRE (Drug Recognition Expert)? What Kind Of Training Do They Have?
A Drug Recognition Expert is a police officer who has taken further training in recognizing indicators of drug intoxication. To hold this rank, these officers must attend and complete a specified training program. And just because the title includes the term “expert,” it doesn’t make somebody an expert. As with any training, some cops are competent while others are not, which is why it is critical to have someone on your side who knows what these officers are meant to accomplish and can see when they fail to do so/
Texas has some of the strictest drug prohibitions in the nation. If you are arrested for drug crimes, you will need the assistance of a reputable attorney with experience in drug defense to make a persuasive case in court. You may like to contact The Medlin Law Firm for advice.