Do you have a clear understanding of Texas drug possession laws? If you hesitated to answer, you are definitely not the only one as such laws often vary from being quite complex to extremely vague. Drug laws differ by state as well, and something you might think is legal in one place may not be in another. If police arrest you on suspicion of a drug crime, you may have your work cut out to try mitigate your circumstances, especially if prosecutors file charges down the line.
It's always a good idea to know as much as you can about your personal rights and the multiple amendments of the U.S. Constitution that protect them. It is also good, however, to research state drug possession laws so you at least know what you're up against if a problem arises. You never have it to go it alone when facing drug-related legal problems, and you can access support to help you build a strong case.
Scheduled classifications: What do they mean?
Drugs are typically categorized by schedules, each defining how often people abuse certain drugs listed, how addictive they are and whether doctors use them for any medicinal purpose. The following information explains the scheduling system in more detail:
- Drugs categorized as Schedule I have a high potential for abuse and are not linked to any medicinal use. Heroin and LSD are two examples of drugs in this category.
- Schedule II drugs are highly addictive and prone to abuse but may also have accepted medical uses. Opium, methamphetamine and oxycodone are drugs listed under this classification.
- Drugs listed as Schedule III drugs are typically not addictive nor prone to abuse. Such drugs often have medical purposes. Anabolic steroids are Schedule III drugs.
- Xanax, Ativan and Valium are Schedule IV drugs, which means they can be physically or psychologically addictive if you abuse them. Many prescription medications are in this category.
- Schedule V drugs include medications that contain minimal amounts of narcotics, such as codeine.
If you face charges of illegal drug possession in Texas, the listed schedule of the drug in question may greatly influence the court's decision for sentencing if the court convicts you. The penalties under conviction for some drugs are far more severe than others; for instance, possessing one type of drug may be a misdemeanor, while another may be a felony.
Fighting drug charges in court
You may have numerous options available to present a strong defense against drug charges. Perhaps you have evidence that police violated your personal rights during a search and seizure process.
Maybe you believe authorities have mistaken your identity. You may even admit to having a baggie or other item in your pocket but know that lab tests will confirm that the substance is not the illegal drug police suspected it was when they arrested you. Most people facing drug charges rely on experienced criminal defense assistance in court to help them counteract prosecutors' efforts to try to obtain convictions.