Possession of Marijuana (under 2 ounces)
Fine: up to $2,000
Jail: up to 180 days
Probation: up to 2 years
Possession of Marijuana (under 2 ounces -- drug free zone)
Fine: up to $4,000
Jail: up to 1 year
Probation: up to 2 years
Possession of Controlled Substance (Less than one gram)
(cocaine/meth/heroin)
Fine: up to $10,000
State Jail: 180 days to 2 years
Probation: 2 to 5 years
Driver's license suspensions are possible in all Texas drug cases, even if the person committing the offense was not driving at the time.
Prescription drugs are prescribed to individuals, not to families. If you get caught with your spouse's xanax or hydrocodone, you may be taking a trip to jail.
It doesn't take much marijuana for it to be considered a "usable" amount.
For all practical purposes, under Texas law, if you can see it, it's "usable".
You can be in "possession" of a drug even it's not on your person. "Possession" means that a person knowingly exercised care, management or control over the drugs. You might be considered in possession of drugs located in your checked luggage at the airport, for instance, even if they are found in the terminal while you are sitting on the plane. There is no easy rule for deciding whether or not possession exists. Possession is decided based on the facts of each case.
Being in the presence of drugs is not the same as being in possession of drugs. The government must prove knowing care, management or control. Hanging out a party, for example, where others are partaking of illegal drugs does not make you guilty of possession (unless, of course, it's your house).
There is such a thing as joint possession. And, no, that's not a pun. If it can be shown that more than one person exercised care, management or control over the same drugs, then multiple people can be convicted of possessing the drugs.
Evidence in a drug case is not admissible in court if it is the result of an illegal search or seizure by the police. One of the first questions to ask in almost any drug case is whether or not the drugs were seized as a direct result of an illegal search or an illegal detention of a person.
Even if you give consent to the police to conduct a search, the evidence might still be inadmissible if the consent was obtained illegally. If a person's consent to search is obtained as a result of an illegal detention, then the police can't use the consent to justify the search.
You could lose your federal student aid as a result of a drug case. If you are convicted of a drug offense while receiving federal student financial aid, you might not only lose eligibility for future financial aid, you might be forced to repay the financial aid that you already received.
David Friesenhahn is certified by the Texas Board of Legal Specialization in criminal Law. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2014 by The Law Firm Of W. David Friesenhahn, PLLC. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.