Drug Possession & Drug Crimes Attorney in New Braunfels, Texas

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), substance abuse is one of the most costly health problems in the United States, costing the nation as much as $272 billion as of 2020.

It is no surprise that the state of Texas continues to aggressively prosecute individuals who have committed drug crimes. If you have been charged with a drug crime in Texas, it is crucial to know your rights as a defendant and hire the right drug possession attorney for your case.

What is Possession of a Controlled Substance in Texas?

Under Chapter 481 of the Texas Health and Safety Code, commonly known as the Texas Controlled Substances Act, an individual can be charged with possession of a controlled substance if they knowingly or intentionally possess any substance listed in the penalty groups without a valid prescription.

This includes a wide range of substances such as illegal drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription medications, synthetic substances, and certain natural substances. Possession without a legitimate medical prescription can lead to serious legal consequences under Texas law.

What Offenses Are Considered Drug Crimes in Texas?

Similarly to federal laws, laws in the Lone Star State classify drug possession offenses into four different categories: drug possession, paraphernalia, drug trafficking and dealing (sale), and manufacturing. The severity of drug crime charges and sentences vary depending on the type and amount of drug you were carrying and whether any aggravating factors are applicable.

If you are found to be in possession of an illicit or controlled substance without a medical prescription, you may be charged with simple possession (if you only have small amounts) or possession with the intent to distribute (if you have large amounts of drugs).

Drug paraphernalia is any object or equipment used to make, consume, or conceal drugs, and it is against the law to sell, import, or export any kind of drug paraphernalia. Oftentimes, drug possession charges can be accompanied by drug paraphernalia charges.

In Texas, possession of drug paraphernalia is illegal and can result in drug crime charges. Examples of illegal drug paraphernalia include:

Pipes and Bongs: Items used to smoke marijuana, crack, methamphetamine, or other illegal substances, including glass, metal, or ceramic pipes and water bongs.
Syringes and Needles: Often used to inject illegal drugs like heroin.
Rolling Papers: Papers used to roll marijuana or other substances.
Roach Clips: Devices used to hold the end of a marijuana joint.
Grinders: Tools used to break down marijuana buds into smaller pieces for smoking.
Scales: Used to weigh out quantities of drugs, often linked to distribution.
Small Plastic Baggies: Frequently used to package and distribute small amounts of drugs.
Cutting Agents: Substances like lactose or baking soda used to dilute drugs for resale.
Spoons or Foil: Items used to heat drugs, such as heroin, for injection.
Blow Torches or Lighters: Used in the consumption of drugs like methamphetamine or crack cocaine.
Straws or Tubes: Used to snort drugs like cocaine or methamphetamine.
Vials or Containers: Small containers used to store or transport illegal drugs.
Hypodermic Needles: Often associated with intravenous drug use.
Cocaine Spoons or Razor Blades: Tools used to prepare and use cocaine.

In Texas, even possessing these items without drugs can lead to facing drug crime charges if the paraphernalia is intended or used for illegal drug activities.

Drug manufacturing is also illegal and includes any action related to cultivating, producing, growing, or otherwise preparing illegal substances for sale and consumption. Individuals arrested while possessing large quantities of drugs may be charged with manufacturing as well as trafficking and distributing drugs. The sale or “delivery” of drugs is also a crime in Texas, regardless of whether the sale of drugs is actually completed or not.

For example, you may be allowed to use marijuana in small amounts if you have a prescription and necessary documentation. However, you may not grow and process your own marijuana, even if you do not intend to sell it. Doing so could result in charges such as drug possession with the intent to sell, drug paraphernalia possession, and drug manufacturing.

What Are Drug Penalty Groups and How Do They Affect Your Drug Possession Charge?

In alignment with federal laws, the state of Texas divides illicit substances into penalty groups. Each group contains certain types of substances and the penalties associated with possessing each substance.

For example, Penalty Group 4 includes certain prescription drugs, chemical compounds, opiates, and opioids. Common examples include morphine and opium. Those who are charged with drug possession of up to 28 grams of these controlled substances could be facing a misdemeanor charge leading to up to six months in jail and a fine of up to $ 2,000.00.

On the other hand, Penalty Group 1 and 1-A include heavy narcotics such as cocaine, heroin, methamphetamine, ketamine, and certain opioids such as codeine. Possession of drugs in groups 1 and 1A is usually a felony offense that can lead to a two-year jail sentence and a $10,000.00 fine. Possession of large amounts of drugs of any penalty group can result in significantly more serious penalties, resulting in five to 99 years in prison and expensive fines of up to $50,000.00.

Is Marijuana Legal in Texas?

Many states have now legalized the use of marijuana and THC-based products for medical and recreational use. However, the state of Texas still considers marijuana to be illegal for recreational use. Texans with specific medical conditions such as epilepsy may use certain types of marijuana products to alleviate their symptoms as long as they are under medical supervision.

There have been several efforts to decriminalize the possession of small amounts of marijuana for personal use. More recently, House Bill 218 was approved by the Texas House of Representatives. The bill suggests the removal of criminal penalties for individuals found to be in possession of up to one ounce of marijuana.

It reclassifies marijuana simple possession offense as a Class C misdemeanor, which would not result in any jail time and may only require the individual to pay a fine and appear in court. However, House Bill 218 and other similar cannabis decriminalization bills have yet to be enacted into law. In other words, marijuana possession, manufacturing, and distribution are still illegal in Texas and could still lead to imprisonment and hefty fines.

HOW ARE DRUG TRAFFICKING AND POSSESSION PENALTIES DIFFERENTIATED IN TEXAS LAW?

Drug trafficking in Texas is legally recognized as the manufacture, delivery, or possession with intent to deliver a controlled substance. Consider a hypothetical scenario where an individual is caught with several kilos of cocaine along with scales, baggies, and large sums of money. These items suggest the intent to distribute, thus elevating the charges from simple possession to trafficking, which incurs more severe penalties under Texas law.

HOW IS DRUG POSSESSION DEFINED AND PENALIZED IN TEXAS?

Drug possession in Texas involves having control, management, or care over a substance without the intent to distribute. For example, if someone is found with a small amount of marijuana for personal use, this would typically be treated as possession. The penalties are based on the drug’s type and amount, with more severe substances and larger quantities leading to harsher punishments.

WHAT FACTORS INFLUENCE THE SEVERITY OF DRUG TRAFFICKING PENALTIES?

The severity of penalties for drug trafficking in Texas depends on factors such as the type and quantity of the drug, proximity to drug-free zones (like schools or parks), and the use of weapons or minors in the trafficking operation. For instance, trafficking a large quantity of a Schedule I substance near a school could lead to decades in prison and substantial fines.

WHAT IMPACT DOES SUBSTANCE AMOUNT HAVE ON CHARGES IN TEXAS?

The amount of substance involved plays a critical role in determining whether a case is charged as possession or trafficking. For instance, being found with a couple of grams of a controlled substance might be considered possession for personal use while having several pounds might lead to trafficking charges. The threshold amounts for these distinctions are clearly defined in Texas statutes, with each tier of quantity leading to progressively severe penalties.

HOW DO TEXAS LAWS DIFFERENTIATE BETWEEN DRUG TYPES FOR TRAFFICKING AND POSSESSION?

Texas categorizes drugs into different penalty groups, with Group 1 substances like cocaine, methamphetamine, and heroin carrying the stiffest penalties, while other substances might fall into lower groups. For instance, possession of a small amount of a Group 1 drug might lead to state jail time, whereas trafficking any amount typically results in much harsher state or even federal penalties. The specifics of the law are detailed and precise, reflecting the substance’s perceived danger to individuals and society.

WHAT LEGAL DEFENSES MIGHT BE AVAILABLE FOR DRUG TRAFFICKING AND POSSESSION CHARGES?

Defenses to drug charges can vary significantly based on the circumstances of the arrest and alleged offense. Common defenses might include arguing that the drugs belonged to someone else, challenging the legality of the search and seizure, or proving entrapment. For example, if the drugs were found in a car you borrowed from a friend and you were unaware of their presence, an attorney might argue lack of knowledge as a defense. Each case is unique, requiring a thorough analysis by a drug crimes attorney in New Braunfels to determine the most effective defense strategy.

WHAT ROLE CAN PLEA BARGAINING PLAY IN DRUG CHARGES IN TEXAS?

Plea bargaining can significantly alter the outcome of drug cases. For someone facing trafficking charges for the first time, an attorney might negotiate a plea for a reduced sentence or alternative penalties like drug treatment programs, especially if the evidence against the defendant isn’t overwhelming. Prosecutors may offer lesser charges or recommend milder sentences in exchange for the defendant’s guilty plea, cooperation with law enforcement, or agreement to participate in treatment programs. The viability of a plea bargain depends on many factors, including the strength of the prosecution’s case, the defendant’s criminal history, and the specific details of the current charges.

ARE THERE DIVERSION PROGRAMS AVAILABLE FOR FIRST-TIME OFFENDERS IN TEXAS?

Texas law sometimes offers diversion programs for first-time or low-level drug offenders as an alternative to traditional sentencing. These programs typically involve drug treatment, counseling, and community service. They are designed to rehabilitate rather than punish, with the goal of reducing recidivism. For example, a young adult caught with a small amount of drugs might be eligible for such a program, potentially avoiding jail time and a permanent criminal record.

WHAT ARE THE LONG-TERM CONSEQUENCES OF DRUG CONVICTIONS IN TEXAS?

The long-term consequences of drug convictions in Texas can extend far beyond prison time or fines. Convictions can affect employment opportunities, professional licensing, housing options, and immigration status. Additionally, a drug conviction can lead to a permanent criminal record, affecting an individual’s life for years to come.

HOW CAN AN EXPERIENCED LAWYER HELP WITH DRUG TRAFFICKING AND POSSESSION CHARGES?

An experienced lawyer can provide crucial assistance by analyzing the charges against you, exploring all potential defenses, and advocating on your behalf throughout the legal process. They can navigate the complexities of Texas drug laws, negotiate with prosecutors, and represent you in court. Their goal is to minimize the negative consequences of the charges and ensure your rights are protected at every step.

Understanding the differences between drug trafficking and possession penalties in Texas is critical for anyone facing drug charges. The laws are complex, with significant implications for the accused’s future. If you find yourself or a loved one facing such charges, it’s imperative to seek the guidance of a skilled attorney who can navigate the legal system and advocate for the best possible outcome.

If you are facing drug possession charges in Texas, it is vital to seek the help of an experienced drug possession attorney as soon as possible. Remember, your attorney is on your side, so it is best to be honest and share everything you know about your case with your lawyer. If you withhold information about something the prosecution may know, it may negatively impact your case and weaken your legal defense strategy.

There are several arguments your attorney can use to try to convince the court to drop or reduce your charges and avoid prison time.

For example, suppose the police found drugs in your vehicle after a traffic stop. In that case, your attorney may question whether the stop was legal and argue that your constitutional rights were violated because of an illegal search without enough probable cause. No matter how complicated your drug possession case may be, you do not have to face it alone.

Contact Seymour & Vaughn to discuss your case and see how our firm can help you protect your rights and secure the best outcome for your drug charges. Call our office in New Braunfels, Texas, at 830-282-8751 to learn more.