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Under the Texas Controlled Substances Act, if someone possess various types of controlled and illicit drugs, they could find themselves subject to a myriad of punishments. However, prosecution must successfully be able to prove beyond reasonable doubt that the affected individual intentionally and/or knowingly either had control over or possessed a controlled substance that they do not have a legal prescription for. An Austin drug possession attorney can help explain this further.

Some penalties for drug possession in Texas include the following: 

*Prison time

*10 years or more of probation

*Large fines


On the flip side, there are also defenses that may be used when it comes to possessing a controlled substance. These include the following:

*The defendant not have care custody or control of the controlled substance

*The defendant not know they had a controlled substance in their possession

*The substance not being intended for use by an individual

*The substance was approved via a new drug application by the Federal Food, Drug, and Cosmetic Act

*The drug was approved for investigational use under the same act, with the defendant’s conduct being in line with the exemption

*The substance is medical marijuana

*Not enough of a quantity to justify a conviction

The best move to make is to hire the services of an experienced attorney to help with this kind of an issue if either you or someone you know has fallen victim to these types of charges. They could potentially get everything dismissed or, at the least, have you obtain reduced charges instead.

Thank you for visiting the Jarvis, Garcia & Erskine blog, an Austin drug possession attorney. We write to inform locals about news, events and law changes. They are professional attorneys that help explain the defenses against drug possession in Texas further should you need a more in depth explanation.