Texas law gets serious about the unlawful possession of a controlled substance. Drug laws are written to treat each narcotic differently, categorizing a wide range of narcotics and the compounds used to create them. Possession of unfinished drug mixtures still qualifies as possession of a controlled substance.
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Street drugs like cocaine, marijuana and heroin aren’t the only narcotics that can stamp your record with a drug possession charge. Having prescription medications, like Xanax and Adderall, without a doctor’s written permission can result in a criminal case and potential jail time. If you’ve been charged with possession of a controlled substance, Lisa Shapiro Strauss is a drug possession lawyer in Houston who can help you fight these charges.
Penalties for Possession of a Controlled Substance
The Texas Health and Safety code governs drug possession in Texas with a list of narcotics many miles long and wide as the Texas sky. This is a condensed listing of the most common drugs in each penalty group.
- Penalty Group 1: Cocaine, Heroine, Oxycodone, Methamphetamine, Opium
- Group 1a: LSD
- Group 2: Ecstasy, PCP, MDMA
- Group 3: Valium, Xanax, Ritalin, Anabolic Steroids
- Group 4: Codeine, Morphine
The groups are set from penalty group 1 to 4 in order of punishment for possession. The penalties vary for each group, along with other factors that can affect punishment. Lisa Shapiro Strauss has experience with the complex health and safety code and can assist with a possession charge in any of the four penalty groups.
Factors that Determine Offense Level
Texas drug law looks at three factors to help determine the offense level in a controlled substance case:
- Type of drug
- Amount
- Surrounding aggravating circumstance
The third factor – aggravating circumstance – can increase the level of punishment. For example, if the controlled substance was found in your possession in a drug-free zone, the circumstance of the arrest might increase the punishment. The same goes for a possession arrest with the intent to distribute. Our legal team can look at the details of your case and determine the best approach for defending the offense level of your controlled substance charge.
Prescription Medication
Street drugs in penalty groups 1 and 2 make up the majority of drug-related news stories. Narcotics like heroin and cocaine find themselves at the top of the penalty list for their high probability of abuse and addiction with no medicinal value. They are hard drugs that deal out hard jail time. What happens with prescription medications like Xanax and Adderall?
Stressed at school and needing a little extra focus, some students can be swayed into trying Adderall. Without a prescription for Adderall, possession of the drug is illegal. Adderall is a powerful blend of four amphetamines that is prescribed mostly for attention deficit hyperactive disorder – ADHD. The drug can produce serious side effects from physiological changes to irregular heartbeat. It should only be used by patients with a prescription and monitored by a physician.
The same goes for Xanax, a medication given for anxiety and panic disorders. There is a medical and criminal danger that accompanies these medications when used without a prescription. You can be charged with a misdemeanor or felony and face serious fines and jail time.
Answers to Your Questions About Controlled Substance Possession
If you have been charged with a drug crime, contact Houston drug possession lawyer Lisa Shapiro Strauss today for help. Lisa provides experienced criminal defense for those facing charges of assault, theft, drug crimes and more.
Harris County Drug Charge Case Results
State v BW: Client charged with Possession of a Controlled Substance. Lisa got the case dismissed.
State v RW: Client charged with Possession of a Controlled Substance. Lisa got the case dismissed.
State vs JT: Client charged with Evading Arrest and Possession of a Controlled Substance. Lisa got the case dismissed.
State vs DP: Client charged with Possession of Marijuana. Lisa got the case dismissed.
