Possession of Dangerous Drugs

What is Possession of Dangerous Drugs?

Some drugs are illegal to possess without a prescription, and some may not be specifically included in the Controlled Substances lists found in the Heath and Safety Codes. So there is a seperate offense for possessing one of those drugs: Possession of Dangerous Drug.

Legally, for a person to possess a "dangerous drug," that person must have a prescription. Like other drug cases, the severity of the case depends on how much of the drug is possessed.

What Drugs are considered Dangerous?

There is a huge list of drugs and pills that can fall under the Dangerous Drug category. Most common in Travis County would be:

  • Fentanyl
  • Hydrocodone (Vicodin)
  • Oxycodone (OxyContin)
  • Diazepam (Valium)
  • Alprazolam (Xanax)
  • Zolpidem Tartrate (Ambien)
  • Sertraline (Zoloft)
  • Methylphenidate (Ritalin and Concerta)
  • Amphetamines (Adderall)

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The Keates Law Firm has over 14+ Years Experience handling Possession of Marjuana cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.

Here are some of the benefits of hiring Keates Law Firm:

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Some of the Keates Law Firm's proven results include:

  • Possession of Marijuana: Dismissed
  • Harassment Offense: Jury Trial: NOT GUILTY
  • Felony Possession of Marijuana/Hashish Dismissed
  • DWI 2nd (Drugs): Dismissed
  • DWI (Alcohol and Drugs): Dismissed
  • Felony Theft of Stolen Property: Dismissed
  • Assault, Bodily Injury: Jury Trial: NOT GUILTY
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(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist...

What are the Punishments for Possession of Dangerous Drug?

Differing pills will carry differing punishments. Many Dangerous Drug cases are Class A Misdemeanors. But the Texas Health and Safety Code includes Oxycodone and Hydrocodone in the Penalty Group 1 for illegal controlled substances. This means that less than one gram is a state jail felony, punishable by between 180 days to 2 years in state jail and fines less than $10,000. 1 gram to 4 grams is a third degree felony, punishable by between 2-10 years in state prison with no more than $10,000 fines. Between 4-200 grams will bring a second degree felony, with 2-20 years in prison. More than that weight or amount will yield even higher punishments.

However, Valium, Xanax and Ritalin are listed in Penalty Group 3 for illegal controlled substances. This means that less than 28 grams is a Class A Misdemeanor, with up to one year in jail and fines no more than $4,000.

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