Can I Be Arrested for Drug Possession Even if I Have a Prescription?

 Posted on September 06, 2023 in Drug Crimes

In Texas, it is illegal to possess a controlled substance without a valid prescription. If you are found to be in the possession of a controlled substance without a valid prescription, you could be charged with a felony or a misdemeanor.

The penalties for drug possession in Texas can be severe, so it is important to speak with an experienced criminal defense attorney if you are facing drug charges.

What are the Penalties for Drug Possession in Texas?

The penalties for drug possession in Texas vary depending on a few factors. The type of drug, the amount of the drug that is possessed, the person’s criminal history, and the circumstances of the arrest can all contribute to the severity of the charges and penalties. 

For example, the penalties for possession of a controlled substance like cocaine are much more severe than the penalties for possession of a controlled substance like marijuana. Yet, possessing more than four ounces of marijuana is still considered a felony in Texas.

In general, the penalties for carrying drugs in Texas can include:

• Hefty Fine

• Probation

• Incarceration/Jail time

• License Suspension

Having a drug crime on your record can make it harder to get a job. It can also mean dealing with more severe penalties if you are convicted of future crimes. 

What If I Possess More Than the Prescribed Amount?

The law requires that you use a prescribed drug for a legitimate medical purpose and in a reasonable manner. So, you can be arrested if found to possess more drugs than prescribed. You can also be arrested if you appear to be selling your prescription. 

What Should I Do If I am Arrested for Drug Possession?

The most important thing to do if arrested for drug possession is to speak with an attorney right away. They can help you understand your options and defend your rights.

Things you should not do include:

• Talking to the police, as anything you say to them can be used against you in court

• Consenting to a warrantless search of your person or property

• Signing anything without legal representation

Contact a Tarrant County, TX Criminal Defense Attorney

When involved with drug possession charges, remember that you have rights. An experienced Fort Worth, TX, drug possession defense attorney can help you protect your rights and fight for your freedom. An attorney like Craig A. Dameron at The Dameron Law Firm has over 15 years of experience representing clients facing criminal charges. Set up an appointment with Mr. Dameron today by dialing 817-222-0624 and learning more about your legal options.