A drug possession charge involving marijuana, cocaine, methamphetamine, heroin, or other illegal substances can have a severe effect on you and your loved ones lives. Drug possession laws vary by state, but the basic elements of the offense are the same: prosecutors must prove, beyond a reasonable doubt, that you knew the drug was a controlled substance and that you knowingly had possession of it.
Many people facing state or federal drug charges underestimate the police and prosecutors. Without the immediate help of Ramos & Del Cueto, they may find themselves making damaging statements to law enforcement or giving up important constitutional rights.
DRUG POSSESSION LAW CATEGORIES
There are two categories of laws for drug possession: simple possession and possession with intent to deliver. Of the two, simple possession carries repercussions which are less harsh in comparison to a charge of possession with intent to deliver which often results in jail time and stiff fines.
The severity of that offense, however, depends on the type of drug, the amount found, location of the crime, as well as any prior offenses you might have on your record. This means that a second offense might see harsher penalties depending on the drug in question and the amount in possession.
Drug Possession Penalty Groups
Drug possession laws in Texas classify illegal substances into a variety of penalty groups to determine the illegality of the substance. The severity of the charge depends on the classification of the substance. Group 1 substance charges carry the most severe penalties while Group 4 penalties carry lesser charges.
- Group 1: Heroin, cocaine, opium, methamphetamine, ketamine
- Group 1a: LSD
- Group 2: Hallucinogenic substances including ecstasy, PCP, and mescaline
- Group 3: Ritalin, Xanax, Valium, and other prescription drugs
- Group 4: Dionine, Pyrovalerone, or Buprenorphine
Marijuana is not considered a controlled substance under Texas law, however it is still illegal and could lead to drug possession charges.
Drug Trafficking in San Antonio
If you are found to carry a large amount of drugs, the charge will typically increase to possession with intent to distribute and may even have Federal Law implications. Drug trafficking carries heavy penalties for those who are found guilty of knowingly delivering controlled substances with the sentence length varying based on the type of substance in question as well as the amount transported.
While sentences can be harsh, there are several defenses that could help against a drug trafficking case such as:
- Ignorance or lack of knowledge about substance
- Mistake of fact
It’s important to contact the Law Offices of Ramos & Del Cueto to ensure that the details of your case are evaluated thoroughly and that you are advised of the possible defense options at your disposal.
Put strength and experience to work in your defense.
At the Law Offices of Ramos & Del Cueto, you will find an experienced criminal defense team prepared to protect your rights and your freedom against any state or federal drug charges, including:
- Marijuana possession and other misdemeanor offenses
- Possession with intent to distribute controlled substances including heroin, cocaine, methamphetamine, and MDMA (Ecstasy)
- Drug trafficking, importation, and transportation
- Drug manufacturing and cultivation (drug manufacturing labs and marijuana grow house cases)
Contact us today for your free consultation. Jail visits are available and our office accepts credit cards and payment plans.