What Is Possession of a Dangerous Drug In Texas?

Possession of a dangerous drug in Texas is governed by Health and Safety Code Section 483. This charge is really possession of prescription drugs that aren’t included in the Texas Health and Safety Code Schedules. Common dangerous drug charges are Xanax and Valium. Any amount of a dangerous drug less than 28 grams is a class A misdemeanor. This is punishable by up to one year in county jail. An amount greater than 28 grams is a felony that varies in severity depending on the weight.

What Can I expect From My possession of a Dangerous Drug Arrest?

Drug prosecution varies wildly among counties in Texas. For example in Travis County, drug charges are comparatively easier to deal with than in contiguous Williamson County. Many counties are willing to reduce or dismiss the charge if the defendant takes classes or performs community service. Others are more harsh and want formal probation or jail time. A conviction for Possession of a Dangerous Drug also carries with it an automatic 180 day driver’s license suspension. If at all possible, you want to avoid taking a formal conviction for possession of a Dangerous Drug to not only protect your criminal record, but your driver’s license as well.

How Do You Defend Against Possession of Dangerous Drug Charges?

It varies significantly from case to case how I handle possession of a dangerous drug charges. It largely depends on the county the defendant is charged in, the circumstances surrounding the arrest and the amount of the drug. And of course, having a current prescription for the drug is an absolute defense. Sometimes I can negotiate a dismissal of the charge if the client takes classes or performs community service. In other circumstances I have to employ every legal defense at my disposal to keep the client out of jail and save their criminal record. When selecting an attorney to handle your PODD charge, it is important to consider whether they frequently practice in the county where your case is pending. This ensures they will be familiar with any local programs that may be employed in your defense as well traditional the legal defenses. I encourage you to call and set up a free consultation if you have a pending PODD charge in Travis, Williamson, or Hays County.