Texas is popular for strict laws governing controlled substances and severe prosecution of related crimes. For example, per the Texas Health and Safety Code (481.115), it is illegal to possess, produce, or deliver any amount of cocaine in Houston. So, if you have been charged with any drug possession or intent to distribute, a Houston drug crimes attorney can help you.
The drug punishments depend on the amount of drug involved in the arrest and producing or delivering the drug. You cannot take it lightly because being charged with drug possession or involved in distributing is a serious criminal charge that may massively impact your civil liberties.
The Rising Consumption of Drugs in Houston
In the last decade, Texas, especially Houston, has witnessed increases in the illegal trafficking of drugs and overdose deaths. Additionally, the Drug Enforcement Administration (DEA) has classified Houston as a HIDTA that means High-Intensity Drug Trafficking Area.
The more shocking thing is, nearly one in every 121 licensed drivers gets arrested for drunk driving in a specific year. For example, about 1212 drunk driving-related fatalities took place in Texas in 2011. The point is Texas has more drunk driving mortalities than each state per year.
Recently, in November, The Special Agent in Charge Steven S. Whipple from Drug Enforcement Administration (DEA) announced that they took eight people into custody on charges including a five-year drug trafficking and money laundering conspiracies,
Strict Penalties for Drug Possession in Houston
The Houston law has different punishments for every penalty group and offense. If you knowingly or intentionally possess a Penalty Group substance without a lawful prescription, you will be punished under the amount you possessed. The penalties for your drug possession can be quite severe and so, make sure that you discuss your case in detail with a drug crime attorney.
Not Every Drug is Treated the Same
Punishment on drug possession, sale, and trading charges related to the following controlled substances may now become a higher priority:
● Club drugs like MDMA
● Possession of Cocaine
If you have been caught for any drug possession, you must talk to the drug crime attorney to guard yourself against a severe punishment. For example:
● Possessing cocaine (Drug) under a single gram is a state jail felony. It is bookable by a sentence of 6 months to 2 years in state jail.
● If you are found with 1 to 4 grams of cocaine, it is a third-degree felony. This third-degree felony has a sentence range of 2 to 10 years in prison along with a fine of up to $10,000.
● In case you are caught for possessing 4 to 200 grams of cocaine, it is a second-degree felony. This second-degree felony has a sentence range of 2 to 20 years in jail, along with penalties of up to $10,000.
However, if you’re a first-time offender, you are eligible for probation. It means you probably do not need to serve any time in jail. So, don’t panic and consult a skilled Houston drug crimes attorney for instant guidance and legal procedure.
The Defences for Drug Possession Charges in Houston
Drug charges carry severe penalties, but there is a variety of potential defenses to these charges. A few of these can be:
● You have a lack of knowledge of possession.
● Your possession of the drug is not intended for human consumption.
● You possess a lawful medical prescription for the drug.
● You have an insufficient amount of the drug, in line with the penalties prescribed in the Texas Controlled Substances Act.
To sum up, talk to an expert and acumen Houston drug crimes attorney if you have been charged with the possession of any controlled substance in Houston. After all, you are innocent until you are confirmed guilty. It is time that you ensure your rights are protected.