POSSESSION OF A CONTROLLED SUBSTANCE
The term Controlled Substance can be used to describe a wide category of substances that are considered illegal in Texas. Many recreational drugs fall under the term Controlled Substance and can carry serious legal consequences if you are caught possessing or distributing them.
Prescription pills can also land you in jail if you are caught possessing them without a prescription.
Majority of cases involving controlled substances usually deal with a small personal amount. These cases are already a felony in Texas and can land you up to two years in jail. The controlled substance is usually discovered when the police officer is searching the property or the body of a person. If a police officer asks to search you or your property, you have the right to say no. The only way he can search you or your property is if he has probable cause that you have illegal contraband on you or if he fears for his safety.
The Fourth Amendment of the Constitution protects against unreasonable search and seizures. The police must also follow the laws too. A police officer must follow the Constitution when searching you and your property. If the police officer violated the law, your lawyer should see that and use it to help you.
If the police discovered illegal contraband by unreasonably searching you, your lawyer may have that evidence suppressed. If the evidence is suppressed then it cannot be introduced at trial. It’s important to get a lawyer who knows how to fight drug cases and can communicate it with you.
The punishment for Possession for Controlled Substance depends on the amount and the type of contraband. This is a punishment chart for the most common forms of controlled substances.
WEIGHT CLASSIFICATION PENALTY
Less than one gram: State jail felony – 180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 1 gram, less than 4 grams: Third-degree felony – 2 to 10 years in a state prison and/or a fine of not more than $10,000
More than 4 grams, less than 400 grams: Second-degree felony- 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more: Enhanced first-degree felony- 5 to 99 years and a fine of not more than $50,000
If you were arrested for being in possession of a controlled substance, you should seek an attorney who understands the changing drug laws and will fight for your case.