Houston Drug Possession Attorney

DRUG POSSESSION LAWYER IN HOUSTON, TX

Texas Drug Possession Charges

Drug Possession offenses are prosecuted under the Texas Health and Safety Code.  As with the federal Controlled Substances Act, Texas classifies each drug under a Schedule depending on whether they have a high potential for abuse and whether they have any accepted medical use in treatment.  There are five (5) schedule classifications under the Texas Controlled Substances Act.

  • Schedule I – controlled substances that have a high potential for abuse and have no accepted medical use in treatment in the United States or lack accepted safety for use in treatment under supervision.
  • Schedule II – controlled substances that have a high potential for abuse, have an accepted medical use but that abuse of which may lead to severe psychological or physical dependence.
  • Schedule III– controlled substances that have a lower potential for abuse than the drugs listed in Schedules I and II, have an accepted medical use in treatment and that abuse of which may lead to moderate or low physical dependence or high psychological
  • Schedule IV – controlled substances that have a lower potential for abuse, have an accepted medical use in treatment, and that abuse of which may lead to a limited physical or psychological dependence.
  • Schedule V – controlled substances with the lowest potential for abuse, have an accepted medical use, and that if abused have the lowest threshold for physical or psychological dependence.

Penalties For Drug Possession In Houston

Depending on the type of drug and the amount found in possession, a drug offense can be charged as a misdemeanor or a felony.  Under state law, a Class A misdemeanor is punishable by up to one (1) year in jail and a fine not to exceed $4000 or both. A state jail felony results in a sentence of up to two (2) years and a fine not to exceed $10,000.

Charges for drug possession are decided based on the type and amount of drug that is possessed.  For instance, drugs under Schedule I carry the most significant penalties because they pose the most danger.  Drugs classified under Schedule I include heroin, methamphetamine, PCP, and PHP. Read the full publication of the Schedules of Controlled Substances.  If convicted of possession of more than 200 grams but less than 400 grams of a Schedule I controlled substance, you could face a 1st-degree felony conviction.  Under state law, the maximum punishment for a 1st-degree felony is life imprisonment and a fine not to exceed $10,000.

HIRE A KNOWLEDGEABLE DRUG POSSESSION ATTORNEY IN HOUSTON

If you have been charged with drug possession in Houston, TX, you need a skilled defense attorney. Houston Criminal Defense Attorney James Alston is a leading defense lawyer with decades of experience.  He is a board-certified criminal defense attorney, recognized as one of Houston’s Top Lawyers, and named in Texas Monthly Magazine for his work. Contact Houston Drug Crime Attorney James Alston today at (713) 228-1400 for a consultation.