How Is A Drug Charge Determined To Be A Misdemeanor Or A Felony?

In Texas, a drug charge at the state level is either a misdemeanor or felony that’s based on the type of substance such as cocaine, heroin, ketamine, etc. Any form of possession, no matter the quantity, is a felony. If there a residual amount was found, it might be a Class C misdemeanor, but if there’s any amount of evidence that it’s possession, it’s a felony. For marijuana, it depends on the quantity. Someone found in possession of marijuana could be charged with either a misdemeanor or felony depending on the quantity. In most cases, the degree of the charge also depends on the quantity.

What Is An Unlawful Controlled Substance Under Texas State Law?

In Texas, an unlawful control of a substance possession charge can sometimes be benign. For instance, if someone is in possession of hydrocodone without a valid prescription, they could be charged with unlawful possession of that controlled substance. But, an illegal substance such as marijuana, a cocaine derivative, crack cocaine, heroin, methamphetamine, and ecstasy are all illegal contraband. You cannot have a prescription for any of those substances, so they are all illegal or unlawfull. Anyone in possession of all those substances is participating in unlawful control.

What Is Considered Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs?

In Texas, drug possession is defined as actual care, custody, or control, but it can be called physical possession or constructive possession. Constructive possession is when you know it was in a certain place or had reason to know that you were in possession. In theory, that isn’t necessarily physical possession, you didn’t have it in your pocket or on you. You don’t know that having it in your console is constructive possession. Some police officers or law enforcers could say that you were in constructive possession of some kind of contraband, even though you were not physically in possession of the substance. The sale distribution intent can sometimes be a subjective standard. I’ve had some cases construe it based on the quantity. If somebody has a large quantity of a substance larger than what is normally used for personal use, they sometimes automatically, even though there’s no other evidence, charge them for manufacturing or delivering. That can’t be a subjective standard. It also cannot be based on an undercover police officer’s determination when he or she is undercover buying a substance.

Can Police Execute A Warrantless Search Of A Vehicle or Premises If They Suspect A Drug Offense?

If the police suspect a drug offense, a warrantless search is different for vehicles and premises. For instance, in order for the police to search a car without a warrant, they would first have to have a reasonable suspicion to make a stop. If you have something defective on your car, you don’t use your blinker, or you’re speeding, that could give them reasonable suspicion. Then, if something tipped them off to give them probable cause to search, they can search without a search warrant and without consent. Regardless, one should never give their consent, even if they proceed to search. Don’t impede their investigation, but make it clear that you’re not consenting to a search. However, if during an automobile stop they see in plain view contraband like a pipe, or if they simply ask someone – Do you have something illegal in here? And, they say yes, that can give them probable cause to search.

When it comes to a premise, it is totally different. The Fourth Amendment provides a lot more protection for anyone who is inside their home and consent is not given. However, if you give consent to a police officer who knocks on your door and asks if they can search, they can go in as long as consent is given. But generally, they would need a search warrant to actually search for something in your home because the 4th Amendment provides that protection.

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