What Are The Laws For Unlawful Controlled Substances In Texas?


How An Unlawful Controlled Substance Is Defined Under Texas Law

When you look at a controlled substance, the very basic of it is it’s a drug that’s been declared by federal and state law to be legal for selling use. When you’re looking at a controlled substance, either federal or state, we’re looking at the state law that says “It’s illegal to have this.” However, you may have it under limited circumstances if it’s by a physician’s prescription. Oddly in Texas, marijuana is not a controlled substance. It has its own separate definition and it has its own place in the Texas Health and Safety Code.

Different Schedules Of Controlled Substances Under Texas Law

When you’re dealing with schedules, you’re dealing with federal law. The federal system has a set of five different schedules that say what is unlawful.

There are four penalty groups in Texas. There is penalty group 1, penalty group 1-A, which gives more definitions. Then there is penalty group 2, penalty group 3 and penalty group 4. Again, marijuana is not in one of these penalty groups and it is not a controlled substance.

Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs In The State Of Texas

If you have a certain amount, a quantity of a controlled substance, then the law is going to look at that and say, “Is that for distribution?” They’re also looking at things they’ve found around it, such as scales, and digital scales. The law also takes into consideration if there is a large quantity of baggies, what size the baggies are, or if there is a microwave that’s been dirtied by the continuing use to make certain drugs. Then they’re going to say, “Hey, this person is manufacturing and getting ready for the delivery of a controlled substance.”

You could also just have the actual hand-to-hand sale which says, in and of itself, this is for sale. However, generally you’re looking at the amount and the circumstances surrounding either the arrest or the search and the seizure of the controlled substance to see if it’s for sale, distribution, or the intent to distribute the unlawful drug.

Laws In Texas Regarding Medical Marijuana

There is a law from the last legislative session which finished quite recently. They had one bill that passed on to Governor Greg Abbott. He found a limit to a medical marijuana bill. By the very nature of that, he said to look at it and find that they’re going to grant licenses to at least three dispensing organizations. However, that’s not until September 2017.

It’s really the beginning of what other states already have done with medical marijuana. Any bill that’s been passed, a new bill can come in and say that Texas is doing away with it. Therefore, it is something truly to wait and watch.

If you need information regarding the Unlawful Controlled Substances In Texas, 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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