Controlled Substance Information

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.