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Defend Texas | Law Office of Kerrisa Chelkowski
210-879-6503
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  5. Is Texas a No Tolerance State for Drugs?

Is Texas a No Tolerance State for Drugs?

On Behalf of Law Office of Kerrisa Chelkowski | Jan 31, 2024 | Firm News

Many states around the country have taken steps towards changing their decades-old drug laws. Some places have even legalized marijuana and limit the criminal penalties available for the possession of narcotics.

Sadly, Texas is not one of these places. Having even a small amount of a drug in one’s possession is still a criminal offense where a conviction can result in the payment of stiff fines and even time spent in jail. Of course, it is also illegal to sell these items or manufacture them. The legal team at the Law Office of Kerrisa Chelkowski can provide more information about Texas’ drug laws and develop a powerful defense for people facing accusations of illegal drug possession.

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What Does it Mean for a Place to be a No Tolerance State?

A state has no tolerance drug laws when it prohibits the possession of even a small amount of what is traditionally an illegal substance. In Texas, this applies to:

  • Narcotics, such as heroin, methamphetamine, and cocaine
  • Hallucinogens, such as LSD
  • Party drugs, like ecstasy
  • Marijuana and its derivatives

Unlike in many other places around the country, having even a small amount of these drugs in one’s possession is a criminal offense everywhere in Texas. As a result, most defenses to allegations of drug possession focus on whether an individual possessed these substances under the definition of the law. An attorney could help explain the concept of illegal possession and work towards building a potent defense against these severe allegations.

What are the Potential Consequences of a Drug Possession Conviction?

Every accusation involving the illegal possession of drugs is a criminal matter. Even in cases involving only a small amount of marijuana, all cases carry the potential for harsh consequences.

Specifically, Texas Health and Safety Code § 481 says that the simple possession of an illegal drug is a Class B misdemeanor at a minimum. Class B misdemeanor convictions allow courts to order a person to pay a fine of up to $2,000, spend up to 180 days in jail, or both.

However, many drug possession cases in Texas come with harsher penalties. Depending on both the type and quantity of drugs in question, cases can be more severe misdemeanors or even felonies. Convictions in felony cases will forever change a person’s life and often come with mandatory-minimum prison terms. The Law Office of Kerrisa Chelkowski could help people better understand the potential penalties that apply to drug possession cases and why these make Texas a no tolerance state for drugs.

Speak with the Team at the Law Office of Kerrisa Chelkowski Now to Discover More about Texas’ No Tolerance Drug Laws

The drug laws in Texas are among the strictest in the nation. Unlike in many other states that have taken steps to loosen their drug laws and even legalize some substances, having even a small amount of a controlled substance in one’s possession is a crime in Texas. The exact severity of these accusations will depend on the type of substance in question and the amount of the drug. However, in every case, a conviction will create a criminal record and could force people to pay heavy fines or spend time in jail.

It is crucially important that individuals understand their rights under the law and how to protect themselves if they are facing accusations related to the supposed illegal possession of drugs. The Law Office of Kerrisa Chelkowski is ready to fight for you. We can explain how Texas is a no tolerance drug state and which laws apply to your case. We then work to discover flaws in the prosecutor’s case and develop a defense aimed at protecting your future. Speak with us now to get started.

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