Always Honest. Always Accessible.

Charles T. Ganz

What factors affect drug possession cases?

On Behalf of | Jun 13, 2024 | Drug Crimes

Drug possession is a severe crime. In Texas, the highest penalty given for drug possession is 99 years behind bars and $250,000 in fines. While many drug charges are not nearly as harsh, drug possession can still have lasting effects on defendants. Some drug charges do not exceed one year in prison and $4,000 in fines, but a defendant may still lose education, housing, employment and voting opportunities. 

There are several factors that can influence a drug possession case. In a court, a judge will often review the finer details of a drug possession case before deciding on a punishment. These factors can include the following: 

What kind of schedule drug was in possession

Drugs are classified into schedules. Schedules determine whether a drug can be used for medical purposes or if the chemical is too dangerous for use. The lowest classification is a Schedule V drug, which typically includes cough drops and allergy pills. The highest classification for drugs is Schedule I, which includes LSD and heroin. Penalties for drug possession can be greatly influenced by the classification of a drug. 

How much of the drug was in possession

The amount of a drug found can have as much of an influence as a drug’s classification. If a higher quantity of an illicit drug is found, then a defendant could face harsher penalties. However, a small amount of a Schedule I drug could hold similar penalties as a large amount of Schedule V drugs. 

Their reason for having the drug

The intent may determine what a defendant may be punished with. If a drug was being used recreationally, then it may hold lesser charges than if the defendant was distributing or manufacturing the illicit substance. 

If you are facing criminal charges, then it can help to learn about your defense options.