Though federal law applies in many cases relating to drug-related activities, each state has specific laws as well. Because these laws, charges and potential punishments differ from area to area, it is important that anyone accused of a crime gains information on how state-specific courts will handle a drug-related case.
If you face charges for drug possession in Texas, you face a serious predicament. Overall, this state has some of the more severe consequences for drug possession convictions. Therefore, you will certainly want to take the time to find the best defense route for your particular case.
Understandably, you may wrack your brain trying to determine how you can come out on the other side of your case with relatively minor impacts. Though the exact circumstances of your ordeal will affect your available defense options, some examples of defense arguments include the following:
- The drug in possession is a prescription medication given to you by a medical doctor.
- You did not know that a controlled substance was in your possession.
- The substance has a new drug application under the Federal Food, Drug and Cosmetic Act.
- You did not have enough of a substance to warrant drug possession charges.
- Neither you nor any other human intended to consume the substance.
- Your conduct with the substance was an exemption in accordance with the Federal Food, Drug and Cosmetic Act for investigational use.
Unfortunately, even if you have an addiction to the substance, claiming an addiction does not constitute a criminal defense.
Factors for possible penalties
While you certainly want to avoid a conviction for any charges you face, you may still find it useful to understand how the court determines possible consequences under state law:
- The court will consider the amount of the drug in possession.
- The court will look into any past convictions you may have.
- The court will account for the type of substance involved.
- The court will assess the manner in which you stored or concealed the drug.
- The court will consider any additional drug paraphernalia authorities may have also found in your possession.
Any of these factors could also play into how you approach your defense. If you would like to gain information about your possible legal options, it may be wise for you to utilize local Texas legal resources for state-specific information and to gain professional assistance.