Conviction for possession of controlled substances can leave you with a large fine, loss of property, or a jail sentence. Conviction of possessing controlled substances will go down on your record and can affect your chances of getting a job, renting an apartment or home, or hinder your chances of getting an education loan.

Controlled substances include methamphetamine, cocaine, ecstasy, prescription drugs such as xanax and hydrocodone, and some over-the-counter drugs that contain codeine and amphetamines. In Texas, even the smallest traceable amount of these drugs is enough for a felony conviction. There are other ways besides simply possessing these illegal substances that can get you into trouble such as:

• Trafficking
• Narcotics and Meth manufacturing
• Distribution or intent to distribute

Penalties for possession of controlled substances differ based on what the drug is and how much of it you are carrying. There are five penalty groups that controlled substances are classified under, according to the Texas Health and Safety Code. They are:

• Cocaine, Heroine, Methamphetamine, GHB, Ketamine, Oxycodone, and Hydrocodone
• Ecstasy, PCP, Mescaline
• Valium, Xanax, Ritalin
• Compounds containing Dionine, Motofen, Buprenorphine, Pryovalerone

The penalties for possessing any of the above drugs range from 180 days to 99 years in jail. Your license can also be suspended for six months if you are convicted of violating the Texas Controlled Substance Act, and police have the right to seize any property, such as your car or home, that was used or was going to be used in the commission of drugs.

There are many ways to defend a possession charge. One of the primary defenses to possession of controlled substance cases is to examine the search and seizure process. The fourth Amendment protects citizens from unlawful searches of property. Was there probable cause? Did the officials read you your rights? In some cases the drugs aren’t illegal and the person had a prescription and right to possess them.

If you have been charged with possession of a controlled substance, contact an attorney immediately. In many cases, an experienced attorney can get your case dismissed or reduced and avoid having a felony conviction on your record.

There is no amount of marijuana, even marijuana that is used for medical purposes, that is considered legal to have in the state of Texas. Marijuana arrests account for 6 to 7 percent of all arrests made in Texas. That is a lot, and at $2,000 per arrest taxpayers have been shelling out precious money to keep crime off the streets.

If you are caught in possession of even the smallest usable quantity you will usually be arrested and charged with a Class B misdemeanor. However, it is unlikely that you will receive jail time with this sentence, but it will go down on your permanent record. With no jail time, you will probably receive a reduced fine and an order for community service. If convicted, there is a mandatory 180 day driver’s license suspension, you may be ineligible for Federal student financial aid, and if you aren’t a citizen you can be deported.

If it is your first time to be arrested for possession of marijuana (sometimes abbreviated as POM), typically most courts will allow you to request a dismissal of your case through a pretrial diversion. If you are accepted in the program, you will be required to do community service, and you must promise to stay out of trouble for a year. If completed successfully, you can erase the arrest from your criminal history.

On September 1, 2007, a new bill was passed that eliminates the arrest factor in marijuana cases dealing with small amounts of the substance in order to save taxpayers money and alleviate overcrowding in jails. It allows a police officer to issue the possessor a citation instead of arresting them and taking them to jail. This is only allowed in cases where the amount of marijuana possessed is less than four ounces.

“This law is good for Texas, because each marijuana arrest costs Texas taxpayers $2,000, takes a police officer off the street for three to four hours, and fills a space in jail that should instead be used to house a violent criminal,” said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C.

The Marijuana Policy Project defends their position on the bill by pointing out that if Texas was a country it would have the highest incarceration rate in the world, and that one percent of the Texas population is behind bars. By issuing citations instead of arresting users, it is estimated that Texas’s five largest cities can save roughly $1 million/year.