The Controlled Substances Act (CSA) was signed into law by President Richard Nixon and is the federal U.S. drug policy which governs the possession, manufacture, importation and distribution of controlled substances. In Texas, drug offenses are regulated under the RSMO – Chapter 195, Drug Regulations. Sections 195.005 to 195.425 are known as the "Comprehensive Drug Control Act of 1989."
Under the Comprehensive Drug Control Act of 1989, the various drug offenses have been outlined, along with their classifications. The sentencing for a drug offense in Texas will depend on a number of factors including the type of drug, the amount and what the defendant intended to do with it. Just a few of the drug offenses described in the Act include:
- Possession of a Controlled Substance
- Fraudulently Attempting to Obtain a Controlled Substance
- Distribution, Delivery, Manufacture of a Controlled Substance
- Unlawful Distribution to a Minor
- Distribution of a Controlled Substance Near Schools
- Trafficking Drugs
- Possession of an Imitation Controlled Substance
- Marketing Ephedrine
It is unlawful for anyone to possess or have under his or her control a controlled substance. Any person who violates Section 195.202, with the exception of 35 grams or less of marijuana or a synthetic cannabinoid is guilty of a Class C felony, but with respect to 35 grams or less of marijuana, it is a Class A misdemeanor offense. On the other hand, anyone who attempts to manufacture, distribute, deliver or produce a controlled substance with the intent to distribute or deliver, with the exception of five grams or less of marijuana is guilty of a Class B felony.
Under §195.201, anyone who fraudulently attempts to obtain a prescription medication is guilty of a Class D felony offense.
The sentencing term for a Class D felony is up to 4 years; for a Class C felony it is up to 7 years; for a Class B felony it is 5 to 15 years; and for a Class A felony, it is 10 to 30 years, or life imprisonment.
If you or someone you love is facing drug charges in Dallas, contact Toback and Associates immediately for help!
Because of the seriousness of drug crimes in Texas, law enforcement will often do whatever it takes to locate the illegal compounds in question. Sometimes their methods involve search and seizure tactics, but they do not always operate according to the legal standards for such an offense.
If you were arrested for a drug crime and believe that the police conducted an illegal search and seizure, you may have grounds for your case to be dismissed.
Law enforcement often organizes traffic stops on major highways in order to check for drugs in suspected vehicles. These drug checks, however, are often done without probable cause. Probable cause is necessary to both stop a vehicle and search a vehicle, so if you have not committed any traffic offense, the police cannot legally stop you.
Illegal search and seizures can be attacked in court with the proper defense.
A strong defense includes any of the following:
- Violation of your constitutional rights due to an illegal search and seizure
- Being held longer than necessary during a traffic stop
- Whether or not the police had a valid search warrant