Austin Drug Defense Lawyer

Defense Strategy in Marijuana and Drug Cases

When I take a marijuana or drug possession case, I am always on the lookout for search and seizure issues. The police officer may not have grounds to stop my client, or may detain my client for an unreasonable period of time. The officer may frisk, or pat down, my client when there is no safety threat. The officer may search my client or the vehicle without probable cause. Police may enter my client’s home without probable cause or without a valid search warrant. In each of these instances, the marijuana or drug is seized unlawfully and cannot be admitted in evidence against my client. The prosecutor likely will be forced to dismiss the case.

Even if the seizure is valid, there may be insufficient evidence to show my client possessed the marijuana or drug. I look for “affirmative links” between my client and the contraband; if the links are absent or weak, the prosecutor will have a tough time obtaining a conviction. The case may well be dismissed or reduced to a lesser offense.

Texas Marijuana and Controlled Substance Laws

Texas marijuana and drug laws are spelled out in the Texas Controlled Substances Act - Chapter 481 of the Health and Safety Code. Possession of marijuana in an amount of four ounces or less is a misdemeanor, as is the unauthorized possession of many prescription drugs. Possession of more than four ounces of marijuana or any amount of most other controlled substances is a felony. These substances include cocaine, methamphetamine, lysergic acid diethylamide (LSD), psilocybin mushrooms, ecstasy, mescaline, heroin, and hashish. The delivery, or transfer, of marijuana or controlled substances also is prohibited. Misdemeanor and felony punishments range up and down according to the amount possessed or delivered.