Recently, Fentanyl has been used by cartels and other distributers of illicit drugs to make their batches of product more potent. Illicitly produced fentanyl is often sold as a powder or mixed with other drugs, such as heroin or cocaine, which can further increase the risk of overdose – particularly because most people do not even realize what they are taking has Fentanyl in it.

The use of fentanyl has become a significant public health concern in recent years, as overdose deaths involving the drug have increased dramatically. There are widely available home-test kits for Fentanyl that could be used by the masses to make sure they are not inadvertantly ingesting this powerful, deadly substance – but in Texas, they are illegal! Unbelievably, the cheap and easy to use test kits are considered drug paraphernalia in Texas under the Texas Health and Safety Code.

As previously stated, most overdose deaths from Fentanyl, unlike other controlled substances, are unintentional – as in, the person that took the Fentanyl did not intend, or even know what they comsumed had Fentanyl in it. Often illicitly pressed and manufactured pills that look identical to pharaceutical drugs, such as xanax, vicodin, or Oxycontin have appeared on the black market (with no indication of the deadly Fentanyl inside).

Finally, it appears as if the law might be changed, and the lifesaving test-kits made legally available to people in Texas. SB 86 has been proposed by Nathan Johnson of Dallas. If passed, it would

Act would allow individuals and organizations to possess and distribute fentanyl test kits without fear of legal repercussions. The bill specifies that the test kits must be FDA-approved and that the results of the test must not be admissible in any criminal or civil proceeding. Additionally, the bill includes provisions for immunity from prosecution for individuals seeking medical assistance during an overdose or seeking to help someone else who has overdosed.

The bill has received support from a range of stakeholders, including harm reduction advocates, law enforcement officials, and medical professionals, who believe that the legalization of fentanyl test kits could help to prevent overdose deaths and provide individuals with important information about the drugs they are using.

Unfortunately, many of us (myself included) have lost people we cared about because of accidental overdose on Fentanyl. Make sure to demand your congressman change the laws in Texas so we can save peoples lives! Regardless of how you feel about drugs, choosing to alter your consciousness, even illegally, should not be punishable by death!

What does the new law say?

On June 10, 2019, Governor Abbot signed House Bill 1325, what has become known as the Hemp Farming Act (Act). The Act was passed with the intention of promoting the cultivation and processing of hemp and hemp products.  See HB 1325 sec. 2(b)(2). Although it is agreed that the bill became effective upon signing, it is disputed whether it applies retroactively

Under the new law “hemp” plant, and its seeds, derivatives, extracts,etc., with a (THC) concentration of not more than 0.3 percent.

How does this affect people charged with Marijuana or THC oil?

The unintended consequence of the law change is that there is added difficulty proving possession of Marijuana and THC, or cannabis oil.  This is because the laboratories around the state cannot distinguish between Hemp that contains less than 0.3% THC, and higher concentration Cannabis plant or THC-oil.  The labs in the state of TX can currently only detect the presence of THC and cannot quantify the amount. 

Now, to prove possession of marijuana or THC-oil, the state must prove possession and also prove that the substance is actually marijuana or a THC containing product with over 0.3% THC. 

The added element that the State of Texas must now prove in a Marijuana or THC-oil case is that “the state must prove beyond a reasonable doubt that the marijuana contained THC greater than 0.3 percent on a dry weight basis.” COnsidering that the labs cannot prove up the allegation (unless new methods are develloped and implemented), the State must prove this up through other evidence, including admissions and physical evidence indicating the item has a higher THC concentration.  This is the element that has prompted many prosecutors to no longer accept marijuana charges, and to go so far as to instruct law enforcement agencies not to file marijuana cases unless THC levels can be proven to be above the 0.3 percent threshold.

If I am suspected of Marijuana or THC oil possession, what should I do?

#1 DO NOT make any admissions about possession of Marijuana or THC-oil.

2 – DO NOT keep Marijuana or THC-oil products in the original packaging that indicates it is a high-THC cannabis product!

CHARGED WITH POSSESSION OF MARIJUANA OR THC?

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

It finally happened, Fort Bend County, Texas has taken the bold step of offering those found in possession of THC concentrate (wax, dabs, shatter, Tetrahydrocannibinol) the opportunity to avoid a felony on your record, and allow you to get your case dismissed. In the last several months, Fort Bend County rolled out the “Felony Fresh Start Cannabis Oil Diversion Program.” Details about the program can be found below.

For several years, counties like Harris County have been offering those found in the possession of small amounts of marijuana an opportunity to keep charges off their record, if they are found by law enforcement to be in possession of small amounts of Marijuana. Harris County residents can be found in possession of up to a quarter of a pound of marijuana (up to four ounces), and you are not even arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

CLICK HERE to review additional info from the Harris County District Attorney website about the Misdemeanor Marijuana Diversion Program. 

The Fort Bend County Fresh Start Cannabis Oil Diversion Program does have certain criteria that he or she must meet in order to be eligible for the program:

• Be 17 years of age or older
• Formally charged with Possession of a controlled substance in penalty group 2 (Tetrahydrocannibinol), 400 grams or less (State Jail Felony3rd Degree Felony, or 2nd Degree Felony
• Has no additional charges arising out of the same arrest other than Class B possession of Marijuana, or Class C tickets
• Has no outstanding warrants other than Class C Misdemeanor tickets
• Is not on bond, deferred adjudication or probation in Fort Bend County or any other jurisdiction for any offense other than a Class C Misdemeanor.

A person is not eligible to participate in the Cannabis oil diversion program if he or she:

• Is a “true habitual,” or has a criminally violent background
• Commits the current offense in a “drug free zone”
• Commits the current offense in a correctional facility
• Does not enter the Cannabis Oil Diversion Program within the first 30 days of their first court appearance (unless the program was not in place at that time)
• Is not currently enrolled in the Fort Bend County Fresh Start Marijuana Diversion Program, the cannabis oil diversion program, or has been previously enrolled in either program.

Additionally, applicants to this program are required to submit an application packet containing Character reference letters, and proof of employment or enrollment in a school or university. The requirements for submission of this packet vary case by case. Please contact a criminal defense attorney with experience practicing in Fort Bend County for additional details about submission of the application packet.

So then why would you hire an attorney?

1. Not everyone is eligible,
2. There are new defenses available to Defendants now that hemp, hemp oil, and CBD oil are legalized. State owned laboratories do not currently have the ability to distinguish between the three because very small amounts of THC are contained in all three, and the labs can only detect the presence, not the quantity, of THC in the sample.
3. You still may be able to fight your case. If the stop or search of your person or property was illegal, you may be able to get your case dismissed, or evidence suppressed at trial.

***UPDATE *** making information public about the cannabis oil diversion program has brought attorney Tristan LeGrande significant blow-back from the Fort Bend County District Attorney’s Office, and even from fellow criminal defense attorney’s that practice in Fort Bend County (unhappy because this knowledge means fewer clients for some of them). Sorry, not sorry. The public DESERVES to know how TREATMENT OF THESE TYPES OF OFFENSES IS CHANGING!

CHARGED WITH POSSESSION OF THC (wax, dabs)?

If you are accused of any drug crime, including Possession of THC Concentrate, you need an attorney with a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Potential punishments for evading arrest or detention depend on several things, namely, whether or not you were in a vehicle, and whether you failed to stop or were attempting to flee.  If accused of running from the police in a motor vehicle, or have a previous conviction for evading arrest – you are looking at Felony exposure.

What is Evading Arrest (Texas Penal Code 38.04) under Texas Law? 

TEXAS PENAL CODE Sec. 38.04. EVADING ARREST OR DETENTION.

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Laymen’s terms: 1. Intentionally flee, 2. Person you know is a cop, 3. Attempting to lawfully arrest/detain.

• If charged with Evading arrest ON FOOT…the offense is a class A misdemeanor, with a potential punishment of up to 1 year in county jail and a fine not to exceed $4,000.

IF CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, IT IS A FELONY

38.04(b)(2) EVADING ARREST OR DETENTION (WITH A MOTOR VEHICLE)

(b)(2) An offense under this section is a felony of the third degree if the actor uses a vehicle or watercraft while the actor is in flight.

• If charged with evading arrest IN A MOTOR VEHICLE…the offense is a 3rd degree felony punishable by 2 to10 years in the Texas Department of Criminal Justice, and a fine not to exceed $10,000.

What is Eluding Arrest (Texas Transportation Code 545.421)? 

This is a lesser known offense that is seldom charged, but is often a more accurate way to describe a situation in which an officer is attempting to arrest or detain someone, but the person does not yield to their authority (they are not necessarily trying to flee, or get away, but just are not yielding to the officers order to stop).

Texas Transportation Code 545.421 Fleeing or Attempting to Elude Police Officer

CHARGED WITH EVADING ARREST?

CALL LEGRANDE LAW!

281-684-3500

Whether you are accused of evading arrest or detention, or ANY CRIME, do not leave your future up to chance!!!!  You need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

]]> https://legas.legrandelaw.com/criminal-justice/i-ran-from-the-police-and-they-caught-me-what-am-i-looking-at/feed/ 0 683 https://legas.legrandelaw.com/criminal-justice/they-didnt-read-me-my-rights-does-it-matter/ https://legas.legrandelaw.com/criminal-justice/they-didnt-read-me-my-rights-does-it-matter/#respond Tue, 08 Jan 2019 22:18:12 +0000 https://legas.legrandelaw.com/?p=727 Read More

There is a common misconception about your rights, relating to a person’s “Miranda” rights, and the effect of an officer not reading you Miranda warnings when you are arrested.  Movies and television would have you believe that it is some kind of magic bullet – if they did not read you Miranda warnings, you were going to walk on whatever charges you are facing. Miranda v. Arizona, 484 U.S. 436 (1966).

Not so fast.  “Miranda” has a limited application.  There are two requirements for Miranda to apply:

(1) Custody, and (2) Interrogation.

Essentially, the Miranda court case held that if you are under arrest, you must first be given certain warnings about your constitutional rights, your right against self incrimination (the 5th amendment), and your right to consult with an attorney (6th amendment).

However, for Miranda to apply, it is essential that you are actually IN CUSTODY.  By that I mean, you are under arrest.

How do you know when you are under arrest?

The Texas Code of Criminal Procedure defines the point someone is under arrest as: “when he has been actually placed under restraint or taken into custody by an officer…”Texas Code of Criminal Procedure Section 15.22.  In interpreting when an arrest takes place, the 5^th Circuit has weighed in with an objective standard: “if a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with a formal arrest.  United States v. Corral-Franco, 848 F.2d 536, 540 (5^th Cir. 1988).

What If You are Under Arrest, Not Given Miranda Warnings, and Then Questioned?

If you are not notified of, and affirmatively waive the following prior to any custodial interrogation, any statements made in violation of Miranda may be inadmissible against you in a criminal prosecution:

• The right to remain silent
• Any statements you make can and will be used against you in court
• You have a right to consult with an attorney prior to answering any questions
• If you cannot afford an attorney, one will be appointed to represent you free of charge

If you are under arrest and the police want to question you DO NOT ANSWER ANY QUESTIONS WITHOUT CONSULTING WITH AN ATTORNEY FIRST.

---

If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

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The answer is more complicated than YES or NO.  Under Texas law there is an exception permitting convicted felons to possess firearms, but only in their residence, five years after being released from prison, parole, or probation (if convicted and their sentence was probated).  However, under Federal law it remains illegal for a convicted felon to possess a firearm, anywhere, including their residence.

Texas Law has a VERY NARROW Exception Permitting Felons to Possess a Firearm

In Texas, the law that Addresses Convicted Felons found in Possession of a weapon (a firearm) is Texas Penal Code Section 46.04.  That section reads:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

It takes a little deciphering to figure out what that means as far as what is legal possession of a firearm by a felon, but essentially you can own one in your home after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later…at any location other than the premises where the person lives. So if you are a convicted felon and get caught with a firearm anywhere else other than the premises where you live, you can be charged with felon in possession of a weapon (or anywhere, including where you live, it has been less than 5 years since you finished parole, were released from prison, or completed probation.

It is STILL Illegal for a Felon to Possess a Firearm Under Federal Law

Unfortunately, the Federal Firearms act

Possession of a firearm by a felon remains illegal under 18 USC § 922(g), the Federal Firearm Act.  The Federal law prohibits possession of a firearm by a prohibited person; among the definitions of prohibited person is a person that has been convicted of a felony.

Before you let the Federal law scare you – let’s think about this in perspective.  Federal agents are the only ones that will be investigating and pursuing charges for Federal crimes.  The only likely scenario where weapons found in your home would get you charged with a federal crime would be if the discovery of the weapons was incidental to some other Federal search warrant being served.  So if, for example, you are a convicted felon, and your residence had a search warrant executed on it by federal agents looking for a large quantity of controlled substances, and they also find the weapons – you would be charged with Federal firearms offenses as well.

CHARGED WITH A WEAPON OFFENSE?

POSSESSION OF THC CONCENTRATE IS A FELONY IN TEXAS

Possession of any detectable amount of Tetrahydrocannibinol (“THC”), also known as wax, dabs, shatter, marijuana concentrate is a Felony in Texas.

EVEN possession of less than a gram of THC concentrate, is a State Jail Felony – 6 months to 2 years in a Texas State Jail facility, and a $10,000 fine.

HOW DID POSSESSION OF THC BECOME A FELONY IN TEXAS?

The Texas legislature made the erroneous decision to treat concentrated THC different than flower Marijuana, and designated THC concentrate a felony under TX law [Penalty group 2 of Section 481 of the Texas Health and Safety Code].  Review other controlled substances in this penalty group, and you find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same in the Texas Health and Safety Code.

Many find it amazing that marijuana concentrate possession is a felony in Texas because possession of up to a quarter of a pound of marijuana (up to four ounces) is a Misdemeanor. In some Counties, like Harris County, If you are found in possession of less than 4 ounces of marijuana, you do not get arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

Inevitably Marijuana will be legalized nationwide. However, don’t get caught with THC concentrate in Texas or you are facing the following Felony consequences…

Possession of THC Concentrate:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)

• 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)

• 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 

• More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000)

If charged with possession with intent to manufacture or delivery of THC concentrate:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)

• 1 to 4 grams: 2nd  Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000)

• 4 to 400 grams: 1st Degree Felony (5 – 99 Yrs in TDCJ, and a fine up to $10,000)

• More than 400 grams: 10 to 99 yrs or life in TDCJ, and a fine not to exceed $100,000 

Now for the good news: Marijuana concentrate cases are unique among controlled substance offenses. THC Concentrate possession or delivery cases are treated differently by District Attorney’s around the state – do not be misled into believing you will be imprisoned for decades over half an ounce of THC concentrate (even if the punishment range for that offense authorizes it). 

DO NOT TAKE A DEAL until you consult with an attorney familiar with DEFENDING & WINNING THC cases.

If a traffic stop is illegal, or if the search of your person or property is illegal, LeGrande Law may be able to suppress the evidence at trial.  Also, many counties have diversion programs for these types of offenses.

ARRESTED FOR POSSESSION OF MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

CLIENT REVIEWS OF LEGRANDE LAW

**HERE**

Top 40 under 40 in Criminal Defense | AVVO 10.0 | Martindale-Nolo | Lawyers.com | Justia

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Whew!

You found yourself locked up and jammed into a daunting and confusing court system.  But you made it out unscathed!  You (or more likely your lawyer) ere able to get the charges DISMISSED!

All good, right? WRONG!

Just because you got your charges dismissed does not mean that your record is clear.  Far from it.  ALL of the information about your case is still public information that is available to anyone to find.  That means that employers, apartment complexes, state licensing agencies, etc. will see the case on your record, even though it was dismissed.  A distinction needs to be made here: it is still on your record, but it does show as “Dismissed.”  You do not have a conviction for the offense on your record.

So What shows up whenever the charges are dismissed?

EVERYTHING.  That means the mug shot, the probable cause statement that is often contained on the Criminal Complaint or Indictment.  The case disposition, including the judgment and terms of probation is also visible to anyone that wants to see it.

That means you may have had that drug case, assault or theft dismissed…but everyone can still see it!

What can I do about things on my record that are dismissed?

In Texas, when can I use deadly force to protect my Property?

Under Section 9.42 of the Texas Penal Code, a person is justified in using deadly force against another to protect land or tangible, movable property:

(1) If he is justified in using force against the other under Section 9.41 (force to protect one’s personal property); and, (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

See Texas Penal Code 9.42 Deadly Force to Protect Property

In Texas, when can I use deadly force to protect another person’s property?

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 (use of force to protect one’s personal property), or 9.42 (Deadly force to protect property), and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person’s land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.

See Texas Penal Code 9.43 Protection of Third Person’s Property

Finally, I would advise anyone contemplating the use of a firearm for personal protection to invest in firearms safety and training courses, and to obtain a license to carry a firearm if they are eligible.

IMPORTANT things to remember about Texas firearms law

• You do not need a permit to own a firearm or to keep a firearm on property that you own.
• Without a permit, you may carry a concealed or open-carry firearm while on property that you own.
• You do not need a license to carry a loaded firearm in your vehicle, so long as the weapon is not on your person, and is not in plain view (basically, if you carry a weapon in a vehicle, keep it in a closed container like the center console or the glove compartment).
• To carry a firearm concealed on your person, or open carried in a holster, you must have a license to carry a firearm.  If you carry a loaded weapon on your person you can be charged with Unlawful Carry of a weapon, a Class A Misdemeanor punishable by up to 1-year in County Jail and a $4,000 fine.
• If you have been convicted of a felony, there is a discrepancy with Federal law and Texas Law when it comes to your right to own a firearm.
  • Under Federal law, you lose your right to own a firearm indefinitely if you are convicted of a felony.
  • Under Texas law, 5-years after completing probation, parole, or being released from prison you may own a firearm, but ONLY at your residence.
• If you plead guilty to an assault involving family violence, Federal law treats this as a conviction, even if you are not convicted in court, and you will not be permitted to buy a firearm with a Federal background check.
• In Texas you may purchase a firearm in a private transaction with an individual without a Gun Dealers license, so long as the buyer proves they are a Texas resident.  No records are required to be kept, but I would suggest keeping records in a safe place anytime you engage in a private gun transaction.

CHARGED WITH A WEAPON OFFENSE?

***AS OF SEPTEMBER 1, 2017, POSSESSION OF ADDERALL/VYVANSE WITHOUT A PRESCRIPTION IS A FELONY – CLICK HERE FOR INFORMATION REGARDING THE RECENT LAW CHANGE ***

Texas Drug Law History & The Texas Health & Safety Code

Texas has had a unique history in classifying substances people consume to alter their consciousness.

The most recent evolution of Texas Drug Law has come in the form of the Penalty Groups outlined in the Texas Health and Safety Code (HSC).  Beginning in 1989, Section 481 established the “Penalty Group,” with most modern changes going into effect by 1997.  No a single legislative session has passed since its inception without lawmakers making from small to sweeping changes.

This section of the HSC divided most drugs of abuse that people consume into “Penalty Groups,” generally determined by the type of drug they are (stimulant, hallucinogenic, depressant, opiate, etc.), and the degree of perceived danger for the substance. Substances have been added as they have gained more widespread use, or have begun to be used to get people high with more regularity.

Pharmaceutical drugs are also fit into the Penalty Group scheme – enter Adderall (Amphetamine / Dextroamphetamine).  Adderall is one of several Central Nervous System stimulant drugs that originally was developed to treat children with Attention Deficit Hyperactivity Disorder (ADHD).  But ask any college or even law school student what else it can be used for – all-nighters, term-papers, or even legal research.  In short, it is a drug that makes you burn a little brighter a little longer.  I mean, it should, since it is fundamentally indistinguishable in its effect from methamphetamine in its mechanism of action on your nervous system (See Neuroscientist: Meth Is Virtually Identical to Adderall—This Is How I Found Out By: Dr. Carl Hart).  The only main difference is that its typical method of administration, is that it is taken orally.  Such “recreational” or off-label use is rampant on campuses nationwide.

Dr. Carl Hart lecturing about how the rate of metabolism is one of the few differences between meth & Adderall:

Texas lawmakers recognized this fact and scheduled the substance accordingly, Schedule 2, the second most serious classification of controlled substances, right along with MDMA (Ecstacy).  What this meant is that possession of any amount of Adderall, even 1 pill, without a prescription, was a a felony.

How Possession of Adderall became a Misdemeanor – Without Anyone Even Noticing

In the last 5-10 years new designer drugs have come onto the market, and Texas lawmakers have scrambled to respond by adding the new substances to the list of chemicals in the Penalty Groups under the HSC.  However because some of the chemicals listed were so broad, an exception to make sure that people with valid prescriptions for some prescription drugs were not prosecuted.

As of September 1, 2015, the new language in sub-section (d) of  Section 481.103 of the statute reads:

“If a substance listed in this section is approved by the Federal Drug Administration, the inclusion of that substance in this penalty group does not apply, and notwithstanding any other law, a person may not be convicted for the manufacture or delivery or possession…[under Penalty Group 2]” .  

Instead these substances are treated as misselaneous substances and piunished under Section 481.119.  Hence, Possession of Adderall without a prescription became a Misdemeanor – not a Felony, overnight.

Why the Law May Change Back 

In short, this was an accident – and reducing the punishment for adderall and Vyvanse was an unintended consequence of the change to the law.  It wasn’t something that anybody caught during the legislative process.  In July the Texas District and County Attorneys Association, as well as the Texas Criminal Defense Lawyers Association sent a notice to members explaining what happened.  Prosecutors all over Texas have begun reviewing cases and are changing charging protocols, and even reviewing past cases because many Defendants were sentenced under the old law.  Legislators are already cooking up a new law that will likely pass during the next legislative session to return illegal possession of the drug to a felony.

Until then, its just a Class B Misdemeanor to Possess Adderall or Vyvanse in the state of Texas.

***AS OF SEPTEMBER 1, 2017, POSSESSION OF ADDERALL/VYVANSE WITHOUT A PRESCRIPTION IS A FELONY – CLICK HERE FOR INFORMATION REGARDING THE RECENT LAW CHANGE ***

CAUGHT WITH DRUGS?

If you are accused of any drug crime, including Possession of Adderall (Amphetamine / Dexamphetamine)

(including possession of a Controlled Substance)

Contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law