Can You Get Arrested for Possessing Drugs in the Past?

In Texas, if you used drugs in the past, you could be charged with drug possession as of the present day. If you are convicted of drug possession, you may be facing prison time. In a recent year, about 302 drug possession arrests were made for every 100,000 people in Texas.

If you have been arrested for possessing drugs, the criminal defense attorneys at Mendoza Law Firm can help you combat your charges.

Texas Law on Possession of a Controlled Substance

A controlled substance is a “substance, including a drug, adulterant, and a diluent,” that is restricted under Texas law. An adulterant is a substance that ends up in a product but is not listed as one of the components, while a diluent is an ingredient used to dilute a substance.

A controlled substance is government-regulated due to its high risk of abuse. However, someone is in lawful possession of a controlled substance if it has been obtained in accordance with state or federal law.

What is Considered Drug Possession Under the Law?

Even if you are not currently using drugs, if you have drug paraphernalia that contains residue from any controlled substances, you could be charged with drug possession. Some prime examples of drug paraphernalia include bongs, hookahs, rolling papers, water pipes, and roach clips. 

Drug residue is considered drug possession under the law. Does that seem unfair? Well, you could also be charged with drug possession even if you never used drugs. Perhaps you had a friend that smoked marijuana in your car and left a bong behind. If that bong contains any marijuana residue, you could be charged with present drug possession.

What are the Penalties for Drug Possession?

Possession of a controlled substance can be either a felony or misdemeanor, depending on the amount of the substance in possession. 

Under Texas law, drugs are grouped into six different categories. Let’s examine the penalties for the possession of marijuana. If less than 2 grams is in your possession, it is a Class B misdemeanor. You could be sentenced between 180 days to two years in prison and a fine of up to $2,000. 

The penalties increase in severity with higher amounts in your possession, with 400 grams or more being considered a 1st-degree felony. In Texas, a 1st-degree felony conviction could place you in federal prison for 5 to 99 years and a maximum fine of $50,000. 

Can You Be Charged for Drug Paraphernalia Possession?

You could still face charges even if no drug residue is found on paraphernalia in your possession. Possession of drug paraphernalia is a Class C misdemeanor, with a potential $500 fine but no jail time.

A Texas Criminal Defense Attorney Advocating for You

A drug possession charge can disrupt your life, resulting in fines, jail time, and a criminal record. A person with a criminal record can have a difficult time obtaining a new job, renting an apartment, and renewing professional licenses. You can even lose your ability to drive.

The criminal defense attorneys at Mendoza Law Firm are here to support you. Contact us today to schedule your free consultation.