Category: Drug Possession

A Dozen-Plus Cannabis Bills Pre-filed by Texas Lawmakers

By: Brandon Fulgham

Drug Crimes | Drug Possession | Marijuana

 

In January, the 87^th Texas State Legislature will convene. Bills have already started flooding the docket for the legislature, with many bills related to cannabis already being pre-filed.

Many Texas legislators are hoping Texas will join the states that have legalized cannabis. These bills don’t simply focus on legalization. There are also bills that seek to make medical cannabis legal in the state and to decriminalize marijuana.

Here is a rundown of a few of the bills that the new legislature will be considering and what they could mean for the great state of Texas.

The Current State of Cannabis in Texas

In Texas, marijuana is currently illegal in any form, and reform of these policies is slow [...]

What Rules Does Texas Have About Police Dogs and Drug Charges?

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

The Fourth Amendment clearly states the right of all Americans to be protected against unlawful search and seizures by law enforcement. This right extends to someone’s property, home, and person.

But where do police dogs fit in?

You might have seen them at airports, music festivals, or other areas where drugs or weapons may be present.

Are these dogs violating your Fourth Amendment rights? What does that mean when they find controlled substances on your person and you are suddenly facing drug charges?

This Is Not a Texas Search: United States v. Place

Most likely, you will run into drug-sniffing dogs at airports. As you wait to check in or move through security, dogs might come around and sniff your [...]

How Texas Penalty Groups Impact Drug Possession Charges

By: Brandon Fulgham

Drug Crimes | Drug Possession

According to the Texas Controlled Substances Act, when a prosecutor can prove beyond a reasonable doubt that you intentionally possessed or controlled the possession of illicit drugs without a valid prescription and not for medical use, you will likely be convicted on drug possession charges.

Generally, drugs are divided into five penalty groups – Penalty Groups 1 through 4, and a separate grouping for possession of marijuana appropriately deemed the “Marijuana Group.” Which group “your” substance falls into can impact the drug charges you face.

In this post, we outline which substances fall under each Texas drug penalty group, and how classification can affect your drug possession charges.

Penalty Group 1

When you are found guilty of possessing any controlled [...]

How Long Do Drug Trafficking Investigations Take in Texas?

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

The short answer: It varies, but more likely than not, a long time.

Take for instance an operation finally shut down last month involving drug traffickers with Mexican cartel ties. The Star Telegram reported that federal, state, and local authorities investigated nearly five years before finally moving in on a ring distributing narcotics in North Texas.

Thirteen suspects were arrested after FBI agents raided a home just across the street from an elementary school in Grand Prairie and seized 380 grams of heroin, five kilograms of meth, and a shotgun. In conjunction with the same investigation, seven weapons and cocaine were being discovered and seized from two other locations in Dallas at the same time.

If the suspects are convicted, [...]

Get Convicted of a Texas Drug Crime, Face Deportation

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

Within days of his 2017 inauguration, the President had already drawn up and signed an executive order to strengthen the enforcement of U.S. immigration laws targeting immigrants deemed a threat to public safety, and particularly “aliens who engage in criminal conduct in the United States.”

Houston Public Media reported less than a month later that 680 arrests were made during raids within a single week, and that 75 percent of the detainees had convictions – including convictions on drug-related offenses. U.S. Rep. Joaquin Castro of San Antonio confirmed around the same time that ICE agents across Texas were conducting these targeted raids.

All of them fall under the ongoing domestic operation known as Operation Cross Check, which was originally [...]

What Every Texan Should Know about Drug-Free Zones

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug-Free Zones

There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender.

How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs.

One of the first and most notorious of these laws established “drug-free zones.” These laws still exist today, and if you are charged with committing drug crimes in these areas, you could face especially harsh penalties if you don’t get in touch with a knowledgeable lawyer quickly.

What Are Drug-Free Zones?

Drug-free zones are one part of the country’s notorious and failed attempt at a “War on [...]