It’s no secret that Texas has incredibly strict laws when it comes to drug possession. As such, understanding what happens if you have certain drugs without a valid prescription is critical. The following blog explores the different drug classes and the consequences you can face if you are discovered with these substances in your possession without a prescription. You’ll also discover how Houston drug crime lawyers can assist you through these challenging times to fight for justice.
How Does Texas Classify Controlled Substances?
Texas, like all other states, has a classification system for controlled substances. These range from Schedule I, which has no accepted medical use and poses the highest risk for abuse, to Schedule V, which has widespread medical use and poses a lower risk for abuse.
In many instances, people in Texas put their prescription medication in smaller containers to keep extra in their purses or to avoid the bulkiness. However, if the pills are not in their original container with a clear prescription marked on the front, you may face criminal charges. The same goes for those who have a pill bottle that is not prescribed to them or the prescription has lapsed.
What Happens if I’m Caught Without a Valid Prescription?
It’s important to understand that if you are caught with a controlled substance but have no valid prescription to accompany the drugs, you can face intense penalties. However, the penalties you will face depend on several circumstances, with the two most important being the schedule of drugs in your possession and the amount. For example, for a Penalty Group 1 possession charge of more than one gram, you will face a second-degree felony charge, whereas more than 28 grams for a Penalty Group 4 warrants a second-degree felony.
If you are caught with a controlled substance but no prescription, you can be placed under arrest and charged with possession. If this occurs, it’s in your best interest to comply with the officers but invoke your right to remain silent. Unfortunately, many make the error of trying to plead their innocence without realizing it can actually give the police evidence to use against them. As such, you should not say anything until you have spoken to an attorney.
Should I Connect With a Lawyer?
When arrested for drug possession charges, contacting an attorney as soon as possible is critical to fighting for the best possible outcome for your circumstances. Your attorney may be able to help you fight for justice by crafting a defense that works for your case.
For example, you may be able to prove that you have a valid prescription. If your doctor provided you with these drugs before your arrest, this is a valid defense. Additionally, you may be able to prove that you didn’t know the drugs were in your possession. If traveling with a friend, for example, they may have accidentally put their pills in your bag. As such, you may be able to prove that you did not know about the possession, which the prosecution must prove to convict you.
If you’re in legal trouble, the Sparks Law Firm, PC, can help. Connect with our team today to discuss the details of your case with a member of our firm.
