Many Texans are proud of our state’s reputation for not only talking tough about drug laws, but walking the walk as well. We have some of the nation’s most inflexible drug laws that can result in harsh penalties that include long prison stays, enormous fines and lengthy periods of probation.
Even though many people arrested here on drug violation charges face a potentially bleak future, there are a number of viable defenses to drug possession charges.
After being arrested and charged with drug possession, many in Texas will find that an experienced criminal defense attorney understands not only the legal system and its laws, but also deeply familiar with defenses that can be effective under the proper circumstances:
- The defendant was not in possession of the substance or was unaware of being in possession
- The substance is a drug approved for use under the Federal Food, Drug and Cosmetic Act
- The substance wasn’t intended for human consumption
- The drug involved in the arrest is medical marijuana prescribed by a doctor
- There was an insufficient quantity of the drug in the defendant’s possession
These possible defenses are all best discussed by a defendant with an experienced Dallas drug law defense attorney.
If a person is convicted of drug possession, penalties can be harsh. Marijuana possession is listed as a Class B misdemeanor, yet even this relatively light sentence (by Texas standards) can include up to a half-year behind bars and a fine of up to $10,000. All of that for possession of two ounces or less of pot.