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Federal and State Drug Crimes Defense:

Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances, as well as criminalizing the possession of chemicals or materials used in drug cultivation or manufacturing and certain accessories related to drug use.

Drug possession laws vary according to the type of drug, quantity, and geographic area of the offense. In some states possession of drugs for personal use is punished less severely than distribution crimes: i.e., possession of a small amount of marijuana may be decriminalized or treated as a disorderly person's offense. However, possession of a larger quantity of marijuana or other drugs, even if for personal use, is usually treated as a serious crime.
Compounding the issue is the fact that many states have introduced "Medical Marijuana" laws which effectively legalize the use, distribution and cultivation of marijuana for legitimate medical purposes. Yet the Federal Government still classifies Marijuana as a Schedule 1 Controlled Dangerous Substance.

Federal drug statutes classify controlled substances according to "schedules." The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" ("CDSs").

• Schedule I: Includes PCP, TCP, MDMA (Ecstasy), Fentanyl (China White), Cathinone, DMT, GHB, LSD, Marijuana, Mescaline, Peyote, Psilocybin
• Schedule II: Includes Amphetamine, Cocaine, Codeine, Hydrocodone, Methamphetamine, Opium, Oxycodone, Nembutal, Secobarbital, Morphine
• Schedule III: Includes Amobarbital/ephedrine, Anabolic Steroids, other Barbituates, Morphine combinations of 50 mg/100 ml or gm
• Schedule IV: Xanax, Darvon, Valium, Placidyl
• Schedule V: Codeine preparations of 200 mg/100 ml or 100 gm (Robitussin A-C), Opium preparations of 100 mg/100 ml or gm (Kapectolin PG)

(Note: This information is for general reference only and is not a comprehensive list. For more information please visit http://www.usdoj.gov/dea/pubs/scheduling.html )

Drug distribution/trafficking laws penalize the selling, transportation, and illegal import into the United States of unlawful controlled substances. Federal and state drug distribution/trafficking laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted. Drug distribution/trafficking laws can implicate a single individual or a broad ring of people involved in organized illegal drug activity. In both the federal and state system the penalties can be severe, particularly for repeat offenders. Understanding the federal sentencing guidelines and applicable statutes are necessary for any person accused of a drug trafficking crime.

Drug crimes are aggressively prosecuted: individuals are often convicted of a drug crime despite the fact that the state has little evidence with which to charge. However, the alleged offender's constitutional rights may have been violated during the arrest, thereby nullifying the charges.

Sentencing for drug crimes generally depends on the quantity of the drug, its classification under the schedules, and the purpose of its possession. The most serious drug crimes are related to Producing, Manufacturing and Selling drugs. Prosecutors can prove your intent to distribute drugs simply by showing the quantity of the drug, without requiring evidence that you actually distributed it.
If you have had a drug arrest and are subsequently found guilty of possessing or trafficking a controlled substance, the sentence can range from a fine and counseling to years of incarceration in prison. The factors determining the outcome depend upon the amount and kind of drug as well as the quality of your legal representation.

If you have been charged with a drug crime you need an experienced criminal defense lawyer. Contact Parnham & Associates today at (713) 224.3967 or use our convenient online submission form. Depending on the circumstances, we have many options in mounting a strong defense for you.

Our attorneys are intimately familiar with all facets of criminal defense and may help clients with the following:

• Work to get the charges dropped or lowered
• Interview police, involved parties, and any possible witnesses to expose any lies or exaggerations
• Make sure that no evidence against our client was obtained illegally
• Conduct a thorough pre-trial investigation
• Employ a private investigator, ballistics expert, polygraphist, or any other experts that may be able to help strengthen our client's defense
• Obtain expert witnesses to testify on behalf of our clients
• Negotiate with prosecutors to make sure our clients face the minimum possible penalties

If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case.

 

This is for general informational purpose only. This information: • DOES NOT represent a legal advice or opinion, • DOES NOT create an attorney-client relationship, • DOES NOT account for community-supervision eligibility, special punishment issues, mandatory minimum confinement, enhancements, and "Exceptional Sentences" under Chapter 12 Subchapter D of the Texas Penal Code, • DOES NOT apply Corporations & Associations. • DOES NOT represent the unique circumstances of your case.