1. CARL CEDERPERSONAL INJURY LAW 2. Please note: This slideshow post does not constitute legaladvice. For legal advice, please do contact a licensedattorney. I can be reached for a free consultation at 214-702-CARL(2275) or 469.2000(DWI). Thanks, Carl Ceder. 3. Texas Drug Possession Laws:POSSESSION OF CONTROL LED OR I L L ICI T DRUGS MAYBE A VIOLAT ION OF THE TEXAS CONTROL LEDSUBSTANCES ACT . IN ORDER CONVICT FOR DRUGPOSSESSION, A PROSECUTOR MUST BE ABLE TOPROVE BEYOND A REASONABLE DOUBT THAT THEDEFENDANT INTENT IONAL LY AND KNOWINGLYPOSSESSED OR CONTROL LED A AN I L L ICI T DRUGWHICH THEY DO NOT HAVE A VAL ID PRESCRIPT IONFROM A DOCTOR FOR MEDICAL PURPOSES.UNDER TEXAS LAW, THERE ARE FOUR CLASSES OFDRUGS. MARI JUANA IS EVALUATED ON I TS OWN,SEPARATED FROM THESE FOUR CLASSES OF DRUGS. 4. Defenses to Drug Possession Charges AN INSUF F ICIENT QUANT I TY OF THE DRUG IN QUEST ION. THE DRUG WAS PRESCRIBED MEDICAT ION FROM AREGISTERED MEDICAL DOCTOR. THE DRUG IS PRESCRIBED MEDICAL MARI JUANA. THE DRUG HAS BEEN APPROVED FOR USE UNDER THEFEDERAL FOOD, DRUG, AND COSMET IC ACT THE DRUG WAS A SUBSTANCE FOR WHICH THERE IS ANAPPROVED NEW DRUG APPL ICAT ION UNDER THEFEDERAL FOOD, DRUG, AND COSMET IC ACT THE DRUG WAS NOT DESIGNED FOR HUMANCONSUMPT ION. LACK OF KNOWLEDGE THE DEFENDANT HAD ACONTROL LED SUBSTANCE. 5. Penalties and SentencesPENAL T IES FOR DRUG POSSESSION IN TEXAS VARYBASED ON A FEW DETERMINING FACTORS: PAST CONVICT IONS TYPE OF DRUG POSSESSION OF DRUG PARAPHERNAL IA HOW THE DRUG WAS STORED OR CONCEALED QUANT I TY