Drug Trafficking, Punishments For Possession Of Drug Paraphernalia


What Is Considered Drug Trafficking?

Drug trafficking has all different definitions but in Texas, you’re looking for the manufacturing, sale or the intent to sale. There is no real drug trafficking definition in the Texas state court. The federal courts in Texas have some things that come close though. It looks at a clear description of what you’re doing.

When looking at drug trafficking, it’s usually just a statement to the layperson and to the general public that these individuals or this one individual was caught with such a large amount and had such a sophisticated operation that it is drug trafficking.

Punishments Under Texas Law For Being In Possession Of Drug Paraphernalia

There are generally misdemeanors that are associated with possession of drug paraphernalia; it is really looked as the same way as you look at possession of a controlled substance. It’s very serious. When you’re talking about drug paraphernalia, you’re looking at the misdemeanor possession of an item that can be used for the consumption or delivery of that drug into the human body or the human system.

Penalties For Forging A Drug Prescription In Texas

Drug prescription forgery is really a misdemeanor but it is still extremely serious. When you say “misdemeanor,” it really overshadows the main point that these are usually patients that are grabbing the prescription pad off the desk when the physician’s not paying attention. Many times, it’s somebody inside the system who is doing it; be it a doctor, a doctor’s assistant, or a nurse. When it becomes someone like that, they the consequences can be so much greater. They can lose their medical license; lose the ability to work in a profession that has taken a great deal of time to get there; loss of a great deal of money sacrificed not only by themselves but by their families.

While these penalties in the criminal system may seem somewhat limited because of the misdemeanor charge, it is really devastating because of the consequences outside the system.

Laws Or Penalties Against Possessing A Prescription Drug That’s Prescribed To Someone Else

If you’re in possession of a controlled substance that you do not have a prescription for, then you’re guilty of possession of that controlled substance. At that same time, so many people do it. There have been cases involving controlled substance and possession of controlled substance that is legal if a prescription was there.

When questioning the jury pool I ask if anyone has ever done that; had a muscle relaxant Tylenol that’s issued by prescription where they gave it to a family member when that family member was in pain. You find that it happens all the time. However, one has to be very careful about that.

In a lot of cases, that happens because so many people carry medication on trips. They carry them in a container designed for the amount of medication needed per day; Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday. They have a little container in a larger container for that medication for each day but they usually don’t take the prescription bottles with them. The question is are they guilty of a crime?

Technically, yes. Even though they have a lawful prescription, it’s not right there on the scene. An officer could take action. Another example might be if you are running your medication up to the school for your child. Usually you would just simply put the number needed in your hand a number. Are you guilty of an offense? Well, technically yes.

These things can be very problematic. Most of the time, law enforcement will understand but there is a possibility that they will not.

If you need information regarding Drug Trafficking And Possession Of Drug Paraphernalia, call the law office of Bobby Dale Barina for a FREE Initial Consultation at (254) 699-3755 and get the information and legal answers you’re seeking.

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