The laws regarding the possession of drugs vary from state to state, and Texas is known for having some of the harshest drug possession laws in the country. If you want to stay on the right side of the law, make sure you are fully informed about Texas drug possession laws.
While drugs are federally recognized under a schedule class by the Drug Enforcement Administration, Texas has its own way of dividing different substances. Texas drug possession law identifies four penalty classes of drugs, aside from Marijuana, which has its own classification. Each of these four penalty groups have different punishments determined by the amount of the drug possessed.
Even a small amount of a drug can be considered a class B misdemeanor, while a large amount can be considered a felony. Past convictions, if any, can be the biggest influence in current sentencing. Prosecutors mostly consider the type and quantity of the drug, as well as whether other paraphernalia was present.
Every case is different, and there are certain factors that could lead to a lesser sentence. If a defendant did not know they were in possession of a drug, or if the drug turns out to not be in a sufficient quantity to be prosecuted, the situation can change. A good lawyer will be able to determine is a lesser sentence is warranted.
It can be very complicated and stressful to face drug possession charges in Texas. But keep in mind that there are always steps you can take to work out a better outcome. There is excellent legal counsel available such as a criminal defense attorney who knows Texas drug possession laws and how to fight them.