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What you Need to Know: 3 Common Drug Charges Explained

If you're not a member of the state legislature, it may be hard to keep tabs on today's ever-evolving drug policies. While some states are cracking down on the substances you're allowed to possess and transport, others have started to loosen their strangle hold. What's legal one day may not be legal the next; this is always important to consider.

That being said, there are some hard and fast rules pertaining to drugs which will generally land you in hot water. While the small print and minutia may shift from state to state, these broad categories will give you some understanding of the most common charges levied against those involved in the drug trade.

Possession Charges

Under both state and federal law, it's illegal to be in possession of any controlled substances. This is easily the most common drug charge filed throughout the Unites States. The term Possession is acutely defined as the care, custody, control or management of a given substance, and can be further separated into two categories. Actual possession refers to the physical possession of a given drug, while constructive possession offers a cloudier definition. Constructive charges can be applied when a controlled substance is found within the general vicinity of an individual, throughout an area they exercise control over.

Again, as you travel from location to location across the United States, you'll be exposed to an array of disparate drug regulations. As a rule of thumb, however, it's probably not in your best interest to be caught with drugs on your person; this will have you contacting a Houston defense lawyer before you know it.

Delivery Charges

State and federal law doesn't permit individuals to deliver - or have intent to deliver - a controlled substance. Individuals can in fact get in trouble for merely offering to sell a controlled substance. Even if you're acting as the liaison or "middleman" throughout a drug deal, there's a high likelihood you may be prosecuted. Money certainly doesn't have to change hands in order for a peddler to be arrested.

Manufacturing Charges

This one may seem like a real no-brainer, but it's in clear violation of the law to manufacture any controlled substances. The term manufacturing specifically refers to the creation of a drug, and will land you a more serious charge than simple possession. It's also currently illegal to possess many drug precursors or ingredients with the intent to manufacture. These items can commonly include certain cold medicines, matches, and lighter fluid.

Need a drug crime attorney?

In the unfortunate event that you get busted, don't hesitate to speak with a skilled defense attorney. The right criminal lawyer will be able to inform you of the intricacies of the Houston legal system, and help to gain the justice you rightly deserve.

Professional Memberships
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Defense Lawyers Association
  • State Bar of Texas Criminal Justice Section
  • National College of DUI Defense
Professional Positions
  • Instructor, DWI "Top Gun" School , Texas Criminal Defense Lawyers Association

  • Faculty, State Bar of Texas Annual Advanced Criminal Law Seminar

  • Co-Chairman, Houston Police Department Crime Laboratory Serology Investigation Panel

  • Author, Instructing the Jury, 2012 State Bar of Texas Annual Advanced Criminal Law Seminar

  • Author, Subpoenaing Big Brother, 2010 TCDLA Annual Top Gun Seminar

  • Author, Picking a Skeptical Jury in A Short Amount of Time, 2008 TCDLA Annual Top Gun Seminar

  • Former Felony Prosecutor, Harris County District Attorney's Office

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Phone: (713) 651-0400
Address: The Downey Building, 2814 Hamilton Street, Houston, Texas 77004

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