Possession of a Dangerous Drug
In Texas, possession of a dangerous drug is a serious criminal offense that can lead to arrest, drug charges being filed and up to a year in jail. If you have been arrested in Austin for possession of a dangerous drug or are facing criminal charges for possession of a dangerous drug, you should immediately seek legal counsel.
Although you may “think” or “know” that you are “guilty,” Austin criminal defense lawyer Kevin Bennett can examine the circumstances regarding your dangerous drug arrest and build a defense to try to avoid a criminal drug conviction.
What are the Penalties for Possession of a Dangerous Drug in Texas?
Sec. 483.041. POSSESSION OF DANGEROUS DRUG.
(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2).
(b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug.
(c) Subsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person:
(1) a pharmacy licensed by the board;
(2) a practitioner;
(3) a person who obtains a dangerous drug for lawful research, teaching, or testing, but not for resale;
(4) a hospital that obtains a dangerous drug for lawful administration by a practitioner;
(5) an officer or employee of the federal, state, or local government;
(6) a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act);
(7) a carrier or warehouseman;
(8) a home and community support services agency licensed under and acting in accordance with Chapter 142;
(9) a licensed midwife who obtains oxygen for administration to a mother or newborn or who obtains a dangerous drug for the administration of prophylaxis to a newborn for the prevention of ophthalmia neonatorum in accordance with Section 203.353, Occupations Code;
(10) a salvage broker or salvage operator licensed under Chapter 432; or
(11) a certified laser hair removal professional under Subchapter M, Chapter 401, who possesses and uses a laser or pulsed light device approved by and registered with the department and in compliance with department rules for the sole purpose of cosmetic nonablative hair removal.
(d) An offense under this section is a Class A misdemeanor.
Defending You Against Possession of a Dangerous Drug Charges
Many possession of dangerous drug charges in Texas result from improper searches of a person’s home, vehicle, their physical person or some other violation of an individual’s constitutional rights. There are many different types of legal defenses to a drug possession charge, which makes it essential to seek representation from an experienced Austin criminal defense attorney. Whether the arrest was made following a routine traffic stop or after the issuance of a search warrant, Austin drug defense lawyer Kevin Bennett can examine any evidence that is intended to be used against you in your drug possession case to ensure that the evidence was obtained legally and to develop a strong defense to your possession charge..