Drug Offenses

Drug Offenses – Criminal Defense Attorney Gilbert G. Garcia

Possession of Marijuana

While many states across the country are changing their  policies and laws regarding Possession of Marijuana, Texas is NOT! It is still a crime in Texas to possess ANY amount of recreational Marijuana.
Possession of Marijuana is committed if a person knowingly or intentionally possess a usable quantity of marijuana. The amount of marijuana will dictate the type of charge and the level of the charge. 
The Gilbert G. Garcia Law Firm has a unique approach to addressing a Possession of Marijuana charge in Montgomery County, Texas. The Gilbert G. Garcia Law Firm can help. Contact us today to discuss your case and our strategies specifically designed for this type of case.  Mr. Garcia suggests that you fight your Possession of Marijuana case to achieve the best possible outcome. 
Gilbert Garcia is a Lifetime Member of NORML. Gilbert participates in the NORML Legal Committee and many local and state activities, meetings and events.  For more information about the changing Marijuana Laws, you can also read Gilbert Garcia’s Texas Possession of Marijuana Blog.


Manufacture or Delivery of Marijuana, Controlled Substance or Dangerous Drug

This generally applies to defendants who are in possession of large quantities of Marijuana, Controlled Substances or Dangerous Drugs.
The penalties are classified by the type of drug, the Schedule Group of the Controlled Substance and the weight of the drug, including adulterants or dilutants. This would also apply to people suspected of manufacturing such drugs or suspected of dealing such drugs. Penalties vary greatly depending on the type of drug/substance, the classified drug Schedule and the quantity.


Possession of Controlled Substance (POCS)

The Texas Health and Safety Code outlines the possession of Controlled Substance laws in Texas, dividing controlled substances into five penalty groups, which all carry a different range of punishment for different amounts/quantities in possession at the time of arrest.

Some of the substance are illegal drugs. However, some of the substances are legal prescription drugs which you can be arrested for if you are in possession of these drugs without a valid prescription. You can even be arrest for legal drugs that you have a valid prescription for if you do not have the prescription medication in the original prescription bottle at the time of the detention/arrest.


Possession of Dangerous Drug

Possession of Dangerous Drug is slightly different than Possession of Controlled Substance depending on the type of drug.
If the drug in possession is not a scheduled drug nor marijuana, then it will likely fall into the Dangerous Drug category.

A dangerous drug is a drug that is unsafe for self-medication and that is not included in the list of Scheduled drugs (I-V) under the Possession of Controlled Substance Section. A Dangerous Drug includes a drug that is required to bear a Federal Label that says, “Caution: federal law prohibits dispensing without prescription” or “Rx only” or “Caution:  federal law restricts this drug to use by or on the order of licensed veterinarian.”

A person may be arrested for Possession of Dangerous Drug if the person obtained the drug from someone other than a pharmacist or if the person obtained the drug for the purpose of selling the drug. A person may also be arrested for Possession of Dangerous Drug if the drug is not in the original prescription bottle at the time of the detention/arrest.

This offense is generally a Class A Misdemeanor.


Possession of Drug Paraphernalia

In the case of Texas law, possession of drug paraphernalia is a separate criminal charge. Drug Paraphernalia is defined as any item that can be used as a drug processing, packaging, or consumption mechanism, as defined in the Health and Safety Code, Chapter 481. Texas Controlled Substances Act, Section 481.125. This includes items you can legally purchase in “Smoke Shops” or could even include common household items such as scales, cans/bottles, spoons, bowls, envelopes or bags. The more common paraphernalia charges are generally items such as pipes, rolling papers, cans and bongs. The statute classifies the following items as paraphernalia is a person knowingly or intentionally posses an item (drug paraphernalia) with the intent to use to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance.


Was a Drug Dog Used?

A growing trend in the “War on Drugs” is the use of drug dogs to alert on a vehicle or house, which allegedly provides law enforcement with “probable cause” to search. It is very important to understand your CONSTITUTIONAL RIGHTS. You have the right to NOT consent to a search. You have the right to consent to a search and specific areas for consent to search (examples: purse only, inside of car only, garage only). You are NOT required to waive any of your rights with law enforcement.  If the officer has obtained a search warrant, then you must not interfere with such a lawful exercise of authority.