U.S. Drug Policy & Texas Drug Laws

Illegal Prescription Drugs

Introduction: The National Drug Control Strategy

The National Drug Control Strategy is a strategy that was created by the United States federal government as a way to combat the drug epidemic. The strategy aims to reduce drug demand and supply, as well as their consequences.

The NDCS has three pillars;

  • reducing drug use,
  • disrupting markets,
  • and strengthening communities.

Each pillar focuses on specific aspects of combating drugs in their own way.

  • Reducing drug use is done through prevention and awareness programs.
  • Disrupting markets means cutting down on the supply of drugs by going after major suppliers.
  • Strengthening communities means getting help from local organizations for those who have problematic substance abuse tendencies.

Brief Overview of Texas Drug Laws

The most severe drug laws in Texas are the Texas Health and Safety Code ยง 481.115, which is a state law. The law states that a person commits an offense if they possess a controlled substance, chemical precursor, or chemical delivery system with the intent to manufacture a controlled substance. It also makes possession of certain substances illegal in certain quantities.

Possession of any amount of cocaine, meth, heroin, or crack can be punished with up to two years in jail and possession of large amounts of these drugs can lead to multiple decades in prison plus fines and fee penalties.

The Process of Beating a Drug Case in Court

There are three main phases in trial preparation that will help you beat your drug case in court. These are discovery, mitigation, and trial.

Discovery is the process of obtaining information from the prosecution about their evidence against you. This can include police reports, witness lists, expert opinions, crime scene photos, etc. Mitigation is a process where you attempt to show that there are reasons why the state should not punish you for any crime committed. This may include showing that your behavior was influenced by drugs or alcohol or it may be trying to show that there were other mitigating circumstances involved in committing the crime. This phase begins at pretrial and can involve getting psychological evaluations of possible witnesses or defendants, conducting interviews with any potential defense witnesses who might not be available at trial later on.

How can I Fight a Drug Crime Charge?

Despite the punishment, many people still decide to use drugs. Some people believe that they will never get caught or that the consequences will never happen to them. They think they are invincible to the law.

If you’re charged with a drug crime, it’s important to take action quickly and protect yourself. There are many ways you can fight your charges in court and win, but these steps may vary depending on the type of charge you were accused of committing and your attorney’s advice for your case.

What happens if I’m arrested in Texas?

When an individual is arrested in Texas they are taken to the nearest county jail. County jails are not prisons, and they do not have any solitary confinement cells.

Individuals who are arrested in Texas do not go to prison; they go to the county jail, which is a very different place than prison. The county jail houses people awaiting trial and individuals who have been given bail before the trial begins.

Individuals who haven’t been found guilty yet can be held at a county jail for up to six months before their case is taken to court; after this point, if they haven’t been found guilty or released for other reasons (such as parole), they will be transferred to state prison.

What are my Rights following a drug arrest in Texas?

If you are arrested for possession, distribution, or any other drug charge, the state of Texas will take your driver’s license because of the offense. You can get it back if you are not convicted. If you are convicted, the state will revoke your license for at least two years.

If you plan on getting back your license after losing it due to a drug charge, make sure to keep the following in mind:

  • You must install an ignition interlock device on all vehicles that you operate.
  • You must submit all documents pertaining to the conviction to the Department of Public Safety (DPS) before they can reinstate your driver’s license.
  • DPS has a right to refuse reinstatement if they deem that your safety is a concern or if you’re unable to pass the medical examination.

Arrested for a Drug Offense in Texas?

The Drug Crime Lawyers at The Gagliardi Law Firm, PLLC in Houston, TX are highly qualified professionals who are knowledgeable, experienced, and skillful. They can provide you with the legal guidance that you need when you have been arrested for a drug-related crime. You should contact a skilled lawyer for help if you have been charged with drug possession or distribution. The attorneys at The Gagliardi Law Firm, PLLC will provide you with the personalized defense that you need during your court proceedings.

To find out how our defense team can help, contact Mr. Gagliardi today by calling 281-957-3800.

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