Drug possession: Build your defense as soon as possible

| Feb 19, 2020 | Firm News

You and your friends like to have a good time, and that occasionally means that you like to use recreational drugs. Usually, they’re medications that you or friends had from previous surgeries or from medical conditions, like benzodiazepines or opioid pain relievers. You never thought it was going to be a big deal.

Unfortunately, using someone else’s prescription is an offense that isn’t taken lightly. Additionally, if you’re caught driving with these drugs in your system and seem impaired, you could face DWI charges.

Possessing certain drugs can violate the Texas Controlled Substances Act

If you have certain drugs in your possession, like illegal or controlled drugs, then you could face an arrest, charges and conviction due to violating the Texas Controlled Substances Act. However, it’s not always easy for the prosecution to get a conviction.

The prosecution will have to show that, beyond any reasonable doubt, you were in possession of the drugs knowingly and did not have a prescription for them. If you do have a prescription for a drug that is found in your possession, you can still face penalties if you’re driving while impaired.

Did you know that Texas has some of the toughest penalties for drug possession in the United States?

Texas has created significant penalties for those caught with drugs. Even misdemeanor offenses can come with heavy fines and possible time in jail. The kinds of penalties you could face will depend on the kind of drug you had in your possession, how it was stored, how much you had, any past convictions on your record and the possession of additional drug paraphernalia.

What kinds of defenses are there to drug possession charges?

Some possible defenses include:

  • Not knowing that the drug was in your possession
  • Not possessing the drug with the intention of human consumption
  • Having a drug that has been approved for investigational use (or that you are allowed to have by exemption)
  • Insufficient quantity
  • Showing that the drug was prescribed to you

No matter what your situation is, drug charges should be taken seriously. You could face jail time, a misdemeanor charge and fines that impact your finances significantly. Your attorney will work with you to reduce the risk of these penalties, so be honest with them. They need to know the whole truth to be able to provide you with the kind of defensive options that may work and to help you build a solid case.