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Drug Possession Law in Different Defenses

Drug possession is the crime to have one or more illegal drugs in one's possession, either for
personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and
sentences vary depending on the amount of drug content, type of drug, circumstances, and
jurisdiction.
Federal and state drug possession laws make it a crime to knowingly possess illegal controlled
substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. These
laws also criminalize the control of "precursor" chemicals used in drug cultivation and
developed, as well as certain accessories related to drug use.
While drug possession laws differ from state to state but the elements of the offense are usually
the same. Prosecutors must be able to prove away from a reasonable doubt that the defendant
know the drug in question was a controlled substance, and that he or she knowingly had
possession of control over the drug. This may also include "constructive possession” or access to
an illegal drug. Drug possession laws classified into one of two main categories: simple
possession and possession with intent to distribute.
Drug Possession Charges


Lack of knowledge that the defendant was in possession of the controlled substance and it
was not intended for human consumption.



It is a substance for which there is an approved new drug application under the Federal
Food, Drug and Cosmetic Act; it is also prescribed medication from a medical doctor.



The drug has been approved for investigational use under the Federal Food, Drug, and
Cosmetic Act and the defendant's conduct was in accord with that exemption.



The drug is medical marijuana, Insufficient quantity
Possession of Marijuana may be classified as light as a "Class B" misdemeanor, carrying a
sentence of up to 180 days in jail and/or a fine of more than $10,000 for possession of two
ounces or less of Marijuana. This penalty can go all the way up to life in prison and/or a fine of
up to $50,000 for possession of over 2,000 pounds of Marijuana.
Depending on the type of drug issues, the penalty for possession is least a "Class B"
misdemeanor or a "Class A" misdemeanor, which carries a penalty of up to one year in county
jail and/or a fine of no more than $4,000.
The amount of the illicit drug in the defendant's possession, the penalty can range all the way
from a third degree felony to a first degree felony. The highest penalty given in Texas for drug
possession is life or 99 years in prison and/or a fine of up to $250,000.
Drug trafficking or distribution is a felony, and is also more serious crime compare to drug
possession. If you are found in possession of drugs, you might be charged with trafficking if
police consider you intend to trade them. If the police find you with a huge amount of drugs or
cash means at the time you will be facing drug distribution charges.
Both federal and state laws come into play on drug distribution cases. There is a multitude of
federal drug laws on the books and each state also has its own set of drug laws. Many state laws
are modeled after the federal laws provide the minimum sentencing principles for offenders.
Some common drug possession charges are Unlawful Search and Seizure, Drugs Belong to
Someone Else, Missing Drugs; Drugs were Planted and Medical Marijuana Exception

For more details visit: http://houstoncriminalattorney.com/drug-crimes.html

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Drug possession-law-in-different-defenses

  • 1. Drug Possession Law in Different Defenses Drug possession is the crime to have one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount of drug content, type of drug, circumstances, and jurisdiction. Federal and state drug possession laws make it a crime to knowingly possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. These laws also criminalize the control of "precursor" chemicals used in drug cultivation and developed, as well as certain accessories related to drug use. While drug possession laws differ from state to state but the elements of the offense are usually the same. Prosecutors must be able to prove away from a reasonable doubt that the defendant know the drug in question was a controlled substance, and that he or she knowingly had possession of control over the drug. This may also include "constructive possession” or access to an illegal drug. Drug possession laws classified into one of two main categories: simple possession and possession with intent to distribute. Drug Possession Charges  Lack of knowledge that the defendant was in possession of the controlled substance and it was not intended for human consumption.  It is a substance for which there is an approved new drug application under the Federal Food, Drug and Cosmetic Act; it is also prescribed medication from a medical doctor.  The drug has been approved for investigational use under the Federal Food, Drug, and Cosmetic Act and the defendant's conduct was in accord with that exemption.  The drug is medical marijuana, Insufficient quantity
  • 2. Possession of Marijuana may be classified as light as a "Class B" misdemeanor, carrying a sentence of up to 180 days in jail and/or a fine of more than $10,000 for possession of two ounces or less of Marijuana. This penalty can go all the way up to life in prison and/or a fine of up to $50,000 for possession of over 2,000 pounds of Marijuana. Depending on the type of drug issues, the penalty for possession is least a "Class B" misdemeanor or a "Class A" misdemeanor, which carries a penalty of up to one year in county jail and/or a fine of no more than $4,000. The amount of the illicit drug in the defendant's possession, the penalty can range all the way from a third degree felony to a first degree felony. The highest penalty given in Texas for drug possession is life or 99 years in prison and/or a fine of up to $250,000. Drug trafficking or distribution is a felony, and is also more serious crime compare to drug possession. If you are found in possession of drugs, you might be charged with trafficking if police consider you intend to trade them. If the police find you with a huge amount of drugs or cash means at the time you will be facing drug distribution charges. Both federal and state laws come into play on drug distribution cases. There is a multitude of federal drug laws on the books and each state also has its own set of drug laws. Many state laws are modeled after the federal laws provide the minimum sentencing principles for offenders. Some common drug possession charges are Unlawful Search and Seizure, Drugs Belong to Someone Else, Missing Drugs; Drugs were Planted and Medical Marijuana Exception For more details visit: http://houstoncriminalattorney.com/drug-crimes.html