Charged with Drug Possession in Texas?
If you have been arrested for a drug charge, you may be facing serious jail time depending upon the type of drug and amount you possessed.
The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures. The police must have a constitutionally valid reason to stop, detain and/or search you. If the police make an illegal stop or search, any evidence found may be excluded from your prosecution. If the evidence gets thrown out, then your case may be dismissed.
Possession of Marijuana Charges
A possession of marijuana charge is a serious matter with life changing consequences. A conviction can affect your ability to drive, receive financial aid, seek employment, and your freedom. The range of punishment will depend upon the amount charged with, but can range from a Class B misdemeanor to 1st degree felony, see the following ranges below:
Less than 2 ounces is classified as class B misdemeanor, up to 180 days in jail and/or a fine not to exceed $2,000.
Between 2- 4 ounces is classified as class A misdemeanor, up to 1 year in jail and /or a fine not to exceed $4,000.
More than 4 ounces but less than 5 pounds is classified as a state jail felony, no less than 6 months and no more than 2 years in county jail and a fine not to exceed $10,000.
More than 5 pounds but less than 50 pounds is a third degree felony, no less 2 years and no more than10 years in prison and a fine not to exceed $10,000.
More than 50 pounds but less than 2000 pounds is considered a second degree felony and up to 20 years in jail and a fine not to exceed $10,000.
For possession of more than 50 pounds, this is a very serious offense considered an enhanced first degree felony punishable by not more than 99 years in jail and /or a fine not to exceed $50,000.
Possession of a Controlled Substance
The Texas Health and Safety Code outlines the possession law in Texas, dividing controlled substances into five penalty groups. While some of the substances are legal prescription drugs, it is illegal to possess them without a valid prescription, and the Texas health code establishes the punishments for illegal possession.