What Types of Drug Charges Are Most Common?
Texas has gained significant recognition for its stringent regulations concerning drug offenses. The consequences for violating regulations vary depending on the individual case. It is based on the type of drug-related charges the person is facing.
Most Common Types of Drug Charges
Possession of Marijuana
Possession of Marijuana is a common drug offense. It is usually considered a misdemeanor. The permitted amount of Marijuana differs from state to state. The decriminalization of Marijuana possession is progressively unfolding on a state-by-state basis.
In jurisdictions where decriminalization is still pending, the repercussions usually amount to a mere monetary penalty. Nevertheless, despite its prevalence and seemingly lenient penalties, Possession of Marijuana can often yield noteworthy secondary repercussions.
Possession of Drug Paraphernalia
Possession of Drug Paraphernalia is yet another prevalent drug offense, typically considered a misdemeanor. Drug paraphernalia encompasses a wide range of items employed in the production, concealment, or consumption of controlled substances.
In certain instances, Possession of Drug Paraphernalia may elevate to a felony charge. The laws regarding this offense vary from state to state. It usually becomes a felony offense when paraphernalia is used to make a controlled substance, especially methamphetamine.
Drug paraphernalia often includes substances such as acetone, anhydrous ammonia, ephedrine, lithium, sodium hydroxide, phosphorus, toluene, coffee filters, rubber hoses, and plastic bottles, all of which can be found in everyday items like nail polish remover, paint thinner, fertilizers, cold medicines, drain cleaners, matches, road flares, and brake fluid.
Possession of a Controlled Substance
Possession of a Controlled Substance stands as the prevailing felony drug charge. To secure a conviction for this offense, the government bears the burden of proving, beyond a reasonable doubt, three essential elements.
Firstly, it must establish that the individual in question (a) possessed a substance. Secondly, the substance in question must be listed on the federal schedule of controlled substances. Finally, it must be demonstrated that the person was aware of the substance’s presence and its nature.
Possession can manifest in two forms: actual or constructive. In order for a person to be accused of possession of a controlled substance, the substance must either be on their person, or in an area or container that they own or control.
This could involve finding the substance on them, or in their car if they are the driver or passenger. Constructive possession occurs when a person has control over a substance. This could be inside a room or container that they own or control.
For instance, if law enforcement discovers a controlled substance in a person’s bedroom, even in their absence, it can be deemed an example of constructive possession.
Intent to Distribute
Delivery of a Controlled Substance and Possession of a Controlled Substance with the Intent to Distribute are related offenses. They represent different ways of showing the same concept. Put differently, Possession with Intent to Distribute can be viewed as an endeavor to deliver a Controlled Substance.
Notably, this offense does not impose a minimum weight requirement for the drugs involved. Consequently, prosecution can be pursued if any amount of controlled substances is present. As long as the other elements of the crime can be proven sufficiently, the case can move forward.
Individuals involved in low-level drug dealing often face charges under this offense. These individuals typically do not possess large amounts of drugs at one time.
The prosecution must prove that the accused was aware of their actions and had the intention to distribute or deliver a regulated drug, beyond a reasonable doubt, in order to get a conviction for this offense. Once again, a controlled substance refers to a substance listed on the federal schedule of controlled substances. These cases may involve controlled purchases and confidential informants, which can give rise to dangerous and controversial circumstances.
It may come as a surprise to many that seemingly innocuous actions can lead to this offense. Sharing a prescription medication, even a single pill, is considered a crime. This crime is called Delivery of a Controlled Substance.
Sharing marijuana, such as passing around a joint or giving marijuana-infused brownies, is considered Delivery of a Controlled Substance. This applies to social gatherings as well.
Behind each illicitly purchased, possessed, or consumed dose of a controlled substance, there exists an individual responsible for its creation. In some instances, the manufacturing of certain products may be lawful, despite the fact that their distribution and consumption are not. Pain pills and various prescription drugs are examples of this. Similarly, marijuana cultivation may be permissible in specific states, yet it remains unlawful when transported across state lines for sale.
Nonetheless, more often than not, the act of manufacturing itself is deemed illegal. Illegal Manufacture of a Controlled Substance often includes: – Cultivating marijuana hydroponically in one’s residence. – Operating illegal marijuana farms.
Phencyclidine (PCP) or mushrooms are frequently grown domestically within the United States. Methamphetamine manufacturing is widespread in the country. Its ingredients and equipment can be obtained from drugstores, home improvement stores, hardware stores, and grocery stores. These are all commonplace items.
Substances like heroin, fentanyl, and cocaine often come from outside the United States. This is because certain ingredients needed for their production are more easily grown abroad. Consequently, these drugs are typically manufactured in foreign countries and smuggled in illicitly.
Heroin is made from opium poppies. These poppies can be grown in the United States. However, growing them without detection is almost impossible. As a result, opium poppies are typically cultivated in remote regions such as Afghanistan.
Drug Trafficking is the most serious drug-related offense. It covers Delivery of a Controlled Substance or Possession with the Intent to Deliver a Controlled Substance. There is also a minimum weight threshold that must be met for the drugs involved.
Certain states classify Drug Trafficking into distinct degrees. These include Drug Trafficking 1st Degree and Drug Trafficking 2nd Degree. The degree is determined by the weight of the substances.
The weight requirement varies depending on the specific drugs. For instance, a considerable quantity of marijuana, like 30 kilograms or more, is typically necessary to establish Drug Trafficking. Substances like heroin, fentanyl, cocaine, and LSD may have a lower threshold than 100 grams, depending on the state’s regulations.
Drug trafficking is often referred to the United States Attorneys for prosecution in federal court. Sentences in federal court are usually tougher than those in state court. Under federal law, possession of certain amounts of controlled substances is sufficient to constitute the offense of Drug Trafficking.
Arrested? Don’t Plea, Call Me!
It is important to seek help from a criminal defense lawyer if you are charged with a drug crime. We have the experience and knowledge to navigate the legal system and help you achieve the best possible outcome. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney. We can review the facts of your criminal case and investigate the charges against you. We can also develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
We can provide you with information about the potential consequences of a conviction for indecent exposure. These consequences may include jail time, fines, and other penalties. We will work to minimize the impact of the charges on your life and future.
The criminal law justice system can be complex. Having an experienced criminal defense lawyer on your side can significantly impact the outcome of your case.