There are a variety of charges you might face under Texas law. While some drug-related charges are misdemeanors, the majority of them are more serious felony cases. The exact charge you might face and the potential sentence you might receive if found guilty can vary depending on several factors. These include but are not limited to the drug you are alleged to possess, the circumstances surrounding the possession, and the quantity of drugs seized. Some of the most common charges include:
Possession of a Controlled Substance
Possession of a controlled substance is the possession of any substance that may only be possessed with a valid prescription or license, or prohibited by statute. Texas law classifies all controlled substances into four penalty groups, which assign steeper sentencing guidelines for groups of drugs that are more addictive or have no valid medical uses.
The penalties for manufacturing or delivering controlled substances are much more strict than with simple possession. A court may find you have delivered drugs even in cases where no money changed hands.
Possession of Paraphernalia
Possessing drug paraphernalia is an offense separate from the possession of any controlled substances. Paraphernalia is any item used for growing, processing, distributing, packaging, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
Possession with Intent
Possession with intent to deliver is similar to simple possession but can lead to heavier penalties. A prosecutor can infer possession with intent if you are in possession of paraphernalia used to distribute drugs. This includes scales and plastic bags, possession of large amounts of controlled substances, or if your phone records reveal drug-related communications with customers.