Arrested For Possession in A Drug-Free Zone?

According to the Texas Controlled Substances Act an arrest for possession in a drugfree zone is classified as an enhancement that raises the level of and, punishment for possession cases. The Lone Star State’s Health & Safety Code says that drug-free zones are youth recreational centers, video game facilities, playgrounds, and schools. If an accused commits an offense within 1,000 feet of a playground, school or youth center or recreational facility they could be charged with enhanced possession. Also classified as drug-free zones are colleges and universities, as well as dental and medical centers where students are being taught how to treat patients.

Certain defenses have been successful at avoiding enhanced
convictions:

Someone found within a private home located inside one of these drug-free zones may be able to successfully fight an enhanced possession charge. For this to have any chance of success, the accused may have to provide proof that no minor was present in the home when the offense was committed. This would likely require records and sound testimony about the minor’s whereabouts at the time. The prosecutor will try persuading the court to convict the defendant of enhanced possession and may succeed unless there is an even more convincing defense. The accused may avoid enhanced charges if they can provide evidence that the property they were in fell outside the drug-free zone. If you are able to show the court a detailed map made by a municipal engineer, surveyor or created by the county that shows the boundaries of the drug-free zone, the court will likely consider it. If there has been a recent change in zoning, an updated map might help you dodge the enhanced conviction.

A Texas schoolteacher was arrested for drug possession:

A schoolteacher was arrested and charged by Texas law enforcement with possession of THC, which is the main compound found in marijuana. Texas law clearly forbids the on-campus possession by anyone of a controlled substance. As a result of this arrest the schoolteacher was fired by the school district. If this person is ultimately convicted, they may end up with an enhanced charge on his or her record. According to the penal code in Texas, anyone who gives a child marijuana, or any other type of controlled substance can have their charge enhanced. Someone found and arrested for having illegal drugs within a drug-free zone may be subjected to enhanced penalties. This is why it is so important to put up a strong defense, which could reduce the severity of the outcome.

If you or a family member in Denton, TX are facing possession charges, please call The Peugh Law Firm at (940) 566-0271 to schedule a free consultation with attorney Daniel K. Peugh.