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Drug Possession

Drug possession in Texas is spelled out in the Texas Controlled Substances Act, which is a part of the state’s Health and Safety Code. This law defines possession as occurring whenever an individual has “care, custody, control, or management” of a controlled substance. Drugs that are considered controlled substances are also spelled out in this statute and classified according to penalty groups. The penalty groups according to Texas law are:

  • Group 1: Opium, ketamine, methamphetamine and cocaine
  • Group 1A: Lysergic acid diethylamide (LSD)
  • Group 2: Phencyclidine (PCP), mescaline and Ecstasy
  • Group 3: Barbituates and diazepam (Valium)
  • Group 4: Narcotics

Marijuana is not classified into any of the above penalty groups, but instead is in a group of its own.

Call Shahin Zamir at 713-223-8900

Punishments for Drug Possession in Texas

The punishment for drug possession can range from probation and drug treatment to life in prison. When determining the sentence for this crime, there are numerous factors that come into play, and some of them include:

  • Which penalty group the drug belonged to
  • The amount the individual was found to be in possession of
  • Whether the defendant was also in possession of paraphernalia
  • Number of prior offenses
  • If there was intent to distribute
  • Location of the arrest, as those in possession near schools face harsher sentences

How a Drug Possession Lawyer can Help

There’s a lot at stake whenever an individual is arrested on drug charges, but that doesn’t mean all hope is lost. A competent Houston defense attorney will look at a number of things when trying to come up with a defense strategy. Some of the things that might be considered include whether the evidence was illegally obtained, if there was probable cause to establish a search warrant, and whether the amount possessed has been grossly exaggerated. In many cases, an attorney will need to file motions to have evidence suppressed whenever it is irrelevant or illegally obtained.

Consult With a Houston Drug Possession Lawyer

One unique advantage that attorney Shahin Zamir brings to the table is the fact that he has experienced firsthand how being accused of a crime can affect someone. As such, he works aggressively to defend those who are accused of drug charges because he believes in the integrity of our legal system. He is a member of the Texas Criminal Defense Lawyers Association and the Harris County Criminal Lawyers Association. Let him put his experience and expertise to work for you in order to provide you with the best outcome possible.

For a free review of your case, schedule a consultation with the Law Office of Shahin Zamir at 713-223-8900.