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Prescription Drug Possession in Texas

The Law Firm of Andrea M. Kolski

We have all heard the phrase “Don’t mess with Texas,” but when it comes to drug possession, Texas does NOT mess around. While it may be controversial nationally, the drug laws in the Lone-Star State are some of the most strict in the country. You are innocent until proven guilty, but if you find yourself with a drug possession charge, it is something that should be taken very seriously. Below is some information that you need to be aware of when facing a prescription drug trial in Texas.

If You Have a Prescription in Texas

The government is not so stringent that they do not understand that people need to take medication on occasion. However, when traveling with your prescription you must be sure that you have proof of its medicinal needs. Keep all of the pills in the bottle supplied by the pharmacist when having the prescription filled. This will show your name and other information that will help to verify that you are legally allowed to have and consume the said drug at the proper dosage. Do not give or sell your prescription to anyone. And remember to take the proper dosage, when needed as advised by your physician. If you are ever accused of illegal prescription drug possession, contact an attorney immediately for guidance on your defense.

Texas Separates Drug Charges Into 5 Penalty Groups

Charges for drug possession in Texas range from Class A or B misdemeanor to a full-on felony. Drug possession charges are basically categorized in Texas based on the level of medicinal value and addictive properties. The stronger the drug, the tougher the possible sentence.

Penalty Group 1

This is the most serious infraction. It includes things such as cocaine, heroin and various hallucinogens. Even when prescribed, painkilling opioids such as oxycontin or hydrocodone can have you facing up to a lifetime in jail.

Penalty Group 2

Many prescribed drugs are included in this list, such as amphetamines and Xanax. This charge also includes LSD, Ecstasy (MDMA) and other mind-altering substances.

Penalty Group 3 and 4

Both of these charges can be made for possession of prescription drugs not as strong as the ones in Group 1. Both of these cover drugs that have the potential for abuse with a stimulant or depressive effect. Examples would be valium, anabolic steroids, and methylphenidate (also known as Ritalin.)

Marijuana Penalty

Although legal and often prescribed in some states, marijuana (or cannabis) has its own penalty group in Texas. Be it grown naturally or synthetic, possession of even less than 2 grams for recreation or medicinal purposes may lead to incarceration.

In Texas, being charged for any one of these penalty groups is a serious offense. You can be arrested for a one or more crime such as possession, conspiracy, or even trafficking. Just one pill or other infringement of the rock-solid laws can have you facing a minimum of 180 days in jail or up to life imprisonment. You can also be fined upwards of hundreds of thousands of dollars.

Charged With Drug Possession?

You could be facing an amount of life-destroying penalties such as:

  • Suspension of drivers license
  • Years of probation, including house arrest
  • Fines anywhere from $1000 to $10,000 for the first offense
  • Mandatory addiction treatment
  • Imprisonment anywhere from a few months to a lifetime

Factors That Will Affect Your Drug Charge

When charged with drug possession, many things go into consideration for the severity of the charges. These include (but are not limited to):

  • Quantity of the illicit substance
  • Ways you store or conceal your prescription
  • Paraphernalia (such as scales)
  • Past offenses or convictions
  • Holding large amounts of cash

Need Expert Help? Contact Us Today

At the Law Firm of Andrea M. Kolski, we have been working for 17+ years to help those wrongly accused of prescription drug possession charges. If you are in The Woodlands or other surrounding Houston areas and facing a drug charge, it is imperative that you seek legal representation so that your defense may be told properly and with strength. Call us today at (813) 381-3430 for a review of your case.

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The Woodlands Office
8505 Technology Forest Pl #104

The Woodlands, TX 77381

Phone: 832-381-3430

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