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Readers ask: Is possession of a controlled substance a felony in Texas?

Possession of a Penalty Group 1-A substance is always charged as a felony under Texas law. For small amounts, you will face a state jail sentence of between 180 days and 2 years in addition to a fine of up to $10,000.

Can a possession of a controlled substance charge be dropped?

If there is no logical way to prove beyond a reasonable doubt that the drugs do belong to you, then it is possible to have a simple possession charge dropped.

What is considered a controlled substance in Texas?

But what, exactly, are controlled substances under Texas law? Also known as CDS, or controlled dangerous substances, these drugs include heroin, cocaine, meth, and marijuana, as well as the compounds used to manufacture narcotics, synthetic steroids, depressants, and stimulants.

Is possession of drugs a felony?

In many cases, drug possession is a felony. However, in some instances, it is charged as a misdemeanor. If the offense is a felony, there are varying degrees it can be charged, which affect the penalties you could face.

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What is the minimum punishment for possession of controlled substances in Texas?

At a minimum, the charge for drug possession in Texas is either a “Class B” or “Class A” misdemeanor. This carries a penalty of up to one year in jail and a fine of up to $4,000, depending on the type of drug.

Do drug charges ever get dropped?

Drug crimes are some of the most common criminal offenses prosecuted each year. It is possible to avoid some of these potential drug penalties by having drug charges dropped in a drug case. Although this is not possible in all cases, many defendants succeed in having the charges against them reduced or dismissed.

How do you win a drug possession case in Texas?

How To Win A Drug Possession Case

  1. Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges.
  2. Assess Possible Defense Strategies.
  3. Lab Testing Issues.
  4. Beyond a Reasonable Doubt.
  5. Contact a Drug Possession Attorney Today.

How do you beat a possession charge in Texas?

To attain a successful drug possession conviction, the prosecution must prove that the defendant was intentionally or knowingly in possession of the drug. In the case of unwitting possession, the defendant was in possession of the substance, but was unaware of the possession.

How bad is a possession charge?

Drug Possession is an offence under Section 10(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 2 years in prison and/or a fine of $2,200. You will avoid a criminal record and a fine if you are able to achieve a Section 10 Dismissal or a Non-Conviction Conditional Release Order.

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What is possession of a controlled substance?

Drug possession generally applies where a person has physical custody or control over the drug or has the drugs in a place that gives them the right, power or ability to take them into their custody. For example, a person would be in possession of drugs if they: received or obtain possession of the drugs.

What qualifies as a controlled substance?

What Are Controlled Substances? A controlled substance is any type of drug that the federal government has categorized as having a higher-than-average potential for abuse or addiction. Controlled substances range from illegal street drugs to prescription medications.

What are the 5 types of controlled substances?

The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids.

What is the sentence for controlled substance?

According to California Health and Safety Code section 11351, possession for sale of a controlled substance is a felony, and the punishment for sale of a controlled substance in California consists of 2, 3, or 4 years in county jail and a maximum $20,000 fine.

What type of crime is drug possession?

Drug possession is criminalized under both state and federal laws, and it is typically broken down into two categories: simple possession and possession with intent to distribute. While simple possession is often a misdemeanor, possession with intent to distribute typically carries much harsher sentences.

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