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Charged with Possession of a Controlled Substance? Protect Your Future with the Help of Houston Drug Lawyer Charles Johnson

Hire the Best Drug AttorneyCharges of Possession of a Controlled Substance (POCS) in the Houston area are quite common. Often times the controlled substance charge results after someone has already been arrested. For example, someone is arrested for DWI, public intoxication or an outstanding warrant and the controlled substance is found after arrest or during the process of being booked in to the Harris County Jail. Whether it’s a loose Vicodin pill in your purse or a Xanax pill that your friend gave you, drug charges can be filed.

Conviction for possession of controlled substances can leave you with a large fine, loss of property, or a jail sentence. Conviction for this offense will go down on your record and can affect your chances of getting a job, renting an apartment or home, or hinder your chances of getting an education loan.

If you or someone you love has been arrested and charged for possession of a controlled substance in the Houston area or anywhere in Texas, contact Houston Drug Defense Lawyer Charles Johnson today to get the experienced criminal defense you need and deserve. The Charles Johnson Law Firm has offices located in Houston, Dallas, Austin and San Antonio for your convenience. Attorney Johnson will speak to you whenever you need him. He can be reached directly at (713) 222-7577 24 hours/day, any day of the year.

Possession of a Controlled Substance in Texas

Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (POCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without  a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances. Penalties for possession of controlled substances differ based on the type of drug and the quantity you are carrying.  The penalties for possessing any of the above drugs range from 180 days to 99 years in jail. Your license can also be suspended for six months if you are convicted of violating the Texas Controlled Substance Act, and police have the right to seize any property, such as your car or home, that was used or was going to be used in the commission of drugs.

Charges of Possession of a Controlled Substance

It is an offense under both state and federal law to be in possession of any controlled substance and this is the most common charge filed involving drugs.  Possession is defined as the actual care, custody, control or management.  Actual possession refers to actual physical possession of a controlled substance while constructive possession usually is alleged when the controlled substance was found in an area where the person had access to or otherwise exercised control over (such as the trunk of a car or a safe).  This means that while a person can be charged with possession of a controlled substance even if the controlled substance was not actually found on the person, the charges can be challenged on the basis that the person did not exercise care, custody or control over the substance.  The focus in those cases is on whether the government can prove the person had “affirmative links” to the controlled substance.  Experienced Drug Attorney Charles Johnson has successfully challenged a client’s accusation of possession of controlled substance by making the case that there were no “affirmative links” to his client and the controlled substance.

Delivery of a Controlled Substance

It is an offense under both state and federal law to deliver or to have an intent to deliver a controlled substance.  “Deliver” means to transfer, actually or constructively, to another person and includes offering to sell a controlled substance as well.  Therefore, money does not have to actually be exchanged, and the “middleman” who helped arrange the transaction can also be prosecuted under this theory.  Under federal law, the most commonly charged delivery offense is possession of a controlled substance with the intent to deliver.  Under that type of charge, the government does not have to prove that you actually delivered the substance, but only that you had an intent to do so.  Most often, the government will attempt to this intent based on the large quantity of drugs found, or the possession of other indicators including scales, baggies, or cutting agents.

Manufacturing of a Controlled Substance

It is an offense under both state and federal law to manufacture a controlled substance.  Manufacturing refers to the production or creation of drugs and is most commonly prosecuted in cases involving marijuana grow operations or meth labs.  It is also a crime to possess certain drug precursors with the intent to manufacture and pharmacies now vigilantly monitor the sales of commonly used precursors such as certain cold medicines, matches, and lighter fluid.

Conspiracy to Possess with the Intent to Distribute a Controlled Substance

One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance, which involves actively planning with others to possess or distribute a controlled substance, regardless of actual possession or delivery.  This is typically the most serious type of drug accusation and usually involves multiple defendants and large quantities of drugs and can be extremely serious and complicated.

Possession of Methamphetamine

Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe.  In addition, in Texas, depending on the quantity, there is a 15-20 mandatory minimum sentence if a child younger than 18 years of age was present on when the manufacturing of a controlled substance offense occurred.  In an effort to combat methamphetamine production, many counties in Texas have implemented “Meth Watch” programs which record and monitor over-the-counter cold medicines, prescription drugs, and household ingredients which are used to manufacture methamphetamine.

Possession of Cocaine

It is an offense to possess or distribute even the smallest amount of cocaine.  For example, even if there is a trace amount of cocaine found in a baggie, you can still be charged with possession of a cocaine which is a felony.  In the federal system, the penalties for cocaine base (crack cocaine) are notoriously severe.  In fact, the sentences for possession of cocaine base were so severe, especially in comparison with possession of an equal amount of powder cocaine, that the United States Sentencing Commission recently amended the Federal Sentencing Guidelines to slightly reduce the penalties for crack cocaine offenses.

Possession of Marijuana

It is an offense to possess, distribute or cultivate marijuana.  Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.  Under state law, possession of less than four ounces is a misdemeanor; however, you must have possessed a “usable quantity” to be charged with possession of marijuana.

Possession of Illegal Prescription Medications

It is an offense under both state and federal law to possess a prescription drug if you are not the valid prescription holder or to deliver a validly issued prescription drug to another person.  It is also a crime to forge or alter a prescription.  Prescription drug cases are prosecuted as aggressively as controlled substance cases and the penalties can be just as serious.

Possession of Paraphernalia

Under Texas law, it is a crime to possess or deliver drug paraphernalia.  Depending on the circumstances, what constitutes drug paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was an intent to use the items to use drugs.  In addition, it is also a crime to possess any items with the intent that they be used to cultivate a controlled substance which could include gardening equipment and fertilizers.

Penalties and Punishment for Possession of Controlled Substance in Texas

The penalty for Possession of a Controlled Substance is set out in the Texas Health and Safety Code, which vary upon various factors that generally include the type of the controlled substance and the amount of the controlled substance. The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under:

Penalty Group

Examples of Drug/Controlled Substance

1

Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and GHB

1A

LSD

2

Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline

3

Valium, Xanax and Ritalin

4

Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone

Penalty Group 1

Weight

Charge

Range of Punishment

Less than one gram

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

1 gram or more, but less than 4 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

4 grams or more, but less than 200 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

10 to 99 years or life in a state prison and a fine up to $100,000

Penalty Group 1A

Units

Charge

Range of Punishment

Fewer than 20 units

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

20 units or more, but less than 80 units

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

80 units or more, but less than 4,000 units

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

4,000 units or more, but less than 8,000 units

First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $10,000

8,000 units or more

Enhanced First-degree Felony

15 to 99 years or life in a state prison and a fine up to $250,000

Penalty Group 2

Weight

Charge

Range of Punishment

Less than one gram

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

More than 1 gram, but less than 4 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

More than 4 grams, but less 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Penalty Group 3

Weight

Charge

Range of Punishment

Less than 28 grams

Class A Misdemeanor

Up to 1 year in county jail and a fine not to exceed $4,000

28 grams or more, but less than 200 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Penalty Group 4

Weight

Charge

Range of Punishment

Less than 28 grams

Class B Misdemeanor

Up to 180 days in county jail and a fine not to exceed $2,000

28 grams or more, but less than 200 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Additional penalties may include the suspension of your driver’s license or the possibility or seizure and forfeiture of any property if the property was used or was going to be used in the commission of a drug crime.

Possible Defenses for Possession of Controlled Substance Charges

There are many ways to defend a possession of a controlled substance charge. One of the primary defenses to possession of controlled substance cases is to examine the search and seizure process. The fourth Amendment protects citizens from unlawful searches of property. Was there probable cause? Did the officials read you your rights? In some cases the drugs aren’t illegal and the person had a prescription and right to possess them. The element of possession is crucial in a possession of a controlled substance case.

It must be proven that you actually exercised a great degree of care, custody, control or management of the drug. Since many drug arrests in Texas involve finding drugs in a home or car it can be unclear who actually possessed or controlled the drugs. The individual must have full knowledge of possession — if they are unaware, then no crime has been committed. This could happen when an individual borrows a friend’s car only to be pulled over and charged with possession when marijuana is found in the glove box.

Keeping the above items in mind, according to Texas law the offense of drug possession occurs when a person has knowledge that they have a controlled substance within their control and have the intent to possess that substance.

If you have been charged with possession of a controlled substance, contact Houston Drug Lawyer Charles Johnson immediately. In many cases, he can get your case dismissed or reduced and avoid having a felony conviction on your record.

Attorney Johnson can examine and review the circumstance surrounding your possession arrest and develop a defense that is unique to the circumstances surrounding your case.

The Charles Johnson Law Firm combines the experience of a criminal defense attorney with a seasoned support staff and professional investigators. Investigations start immediately by securing documentation involving witness statements and police reports. Police labs are put on notice to verify the alleged illegal substance and its true quantity.

After the facts are assembled, we will pursue the best outcome by negotiating a reduced punishment or pursue a trial in court. Options also exist that encompass counseling and rehabilitation programs for addiction problems.

Possession of a Controlled Substance: Hire the Best Houston Drug Lawyer

Possession of marijuana is in a separate drug offense category in Texas but is still extremely serious with the potential of being charged as a felony or misdemeanor, depending on the amount possessed. All charges in Texas for drug possession are quite serious. This is not the time to hide your head in the sand and hope for the best — you need an aggressive attorney who will fight hard to get your charges dismissed or possibly reduced. A drug conviction on your record will follow you for the rest of your life, so take it very seriously and hire an attorney who does the same.

Contact Experienced Houston Drug Defense Lawyer Charles Johnson if you have been arrested for possession of a controlled substance. An arrest for possession of controlled substance in Texas can have devastating consequences and severe repercussions that can in all probability be avoided if you select the right lawyer. Call Attorney Johnson anytime day or night at (713) 222-7577. He is available to discuss your case whenever you need him.

Possession of a Controlled Substance

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Charged with Possession of Illegal Bath Salts? Protect Your Freedom by Hiring Houston Lawyer Charles Johnson

Top Houston Bath Salts LawyersAnyone can find themselves facing a drug charge. It all depends on what the government decides to make illegal. In 2011 the Texas legislature placed a ban on the chemicals found in bath salts, effectively outlawing bath salts for recreational drug use. Last month the DEA outlawed the drug from being sold. Prior to the ban, certain types of these bath salts were available to buy in stores. Many of the chemicals found in bath salts are now Schedule I controlled substances, based on recently enacted Texas law. Schedule I controlled substances come with a real possibility of jail time and are generally charged as a felony – just for first offense possession.

As with any change in the law, law enforcement authorities can overstep their bounds when it comes to those who are accused of drug possession. People still aren’t sure what to do with bath salts. Unlike marijuana possession, bath salts possession is a new concept in criminal law. If you’ve been arrested for possession of bath salts in Houston or anywhere else in Texas, call Houston Lawyer Charles Johnson anytime night or day at (713) 222-7577 or contact us online to discuss your case. Attorney Johnson will do everything in his power to defend you and your rights if you’ve been accused of Bath Salt possession. Your consultation is free and absolutely confidential.

What are “Bath Salts” (aka synthetic cathinones)

“Bath salts” are not for use in the bath, nor do they contain salt. While the formula of this drug changes regularly, most of the now illegal bath salts refer to commercially available products that have as part of their composition a legal stimulant called 3, 4-Methylenedioxypyrovalerone, or MDPV (sometimes another synthetic stimulant called Mephedrone and less commonly a synthetic stimulant called Methylone). These synthetic stimulants are in a class of drug known as synthetic cathinones.

Synthetic cathinones are related to the parent compound cathinone (found naturally in the plant Khat, which has cathinone producing a mild stimlative effect). Since the mid-2000s, unregulated ring-substituted cathinone derivatives have appeared in the European and American recreational drugs market. The most commonly available synthetic cathinones sold on the recreational market in the period up to 2011 appear to be 3, 4-Methylenedioxypyrovalerone (MDPV), mephedrone, and methylone. These products are usually encountered as highly pure white or brown powders. Cathinone derivatives are claimed to have effects similar to those of cocaine, amphetamine or MDMA (ecstasy), but little is known of their detailed pharmacology.

Currently illegal in Texas, they are sold mostly on the internet but can also be found in select shops locally. They’re known by a variety of names, including “Red Dove,” “Blue Silk,” “Zoom,” “Bloom,” “Cloud Nine,” “Ocean Snow,” “Lunar Wave,” “Vanilla Sky,” “Ivory Wave,” “White Lightning,” “Scarface” “Purple Wave,” “Blizzard,” “Star Dust,” “Lovey, Dovey,” “Snow Leopard,” “Aura,” and “Hurricane Charlie.” While they have become popular under the guise of selling as “bath salts”, they are sometimes sold as other products such as insect repellant, or the latest iteration of products called jewelry cleaner or IPOD screen cleaners, pump-it-up powder, IPOD cleaner, etc.

Much like the marketing of Synthetic Cannabinoids (Spice/K2) as incense, MDPV has been market as “bath salts” and just like Spice/K2 MDPV is specifically labeled “not for human consumption.”
Top Houston Criminal Lawyers

What are MDPV and Mephedrone?

As stated before, MDPV is a legal stimulant who’s chemical name is 3, 4-Methylenedioxypyrovalerone, and is the active ingredient in “Bath Salts”. A DEA report from December 2010 states that “preliminary testing indicates that the active ingredients in many brands [of bath salts] contain MDPV (3,4-methylenedioxypyrovalerone) and/or mephedrone.” Mephedrone, also known as 4-methylmethcathinone (4-MMC), or 4-methylephedrone, is a synthetic stimulant drug of the amphetamine and cathinone classes. Slang names include “meph,” “drone,” “MCAT,” and “meow, meow.”

Mephedrone is reportedly manufactured in China and is chemically similar to the cathinone compounds found in the khat plant of eastern Africa. It comes in the form of tablets or a powder, which users can swallow, snort or inject, producing similar effects to MDMA, amphetamines and cocaine. Because of the emergent nature of this class of substances, there has been some questioning as to what is in the composition of ‘bath salts’, though most evidence is leaning towards MDPV as being the compound of choice currently in ‘bath salts’.

In the United States, MDPV was packaged as “bath salts” but easy research from the internet showed that “bath salts” such as ‘Ivory Wave’ were being packaged as legal alternative stimulant drugs, and avoid prosecution by putting “Not For Human Consumption” on the packaging. However, some of these can barely contain themselves for what they really are, with one brand having a picture of Al Pacino’s ‘Scarface’ on its packaging.

They are sold over the internet, and on the street, in convenience stores, discount tobacco outlets, gas stations, pawnshops, tattoo parlors, and truck stops, among other locations. The various brands are sold in 50-milligram to 500-milligram packets. Prices range from $25 to $50 per 50-milligram packet.

What are will be in Generation 2 and 3 of Bath Salts?

Generation 2 of Bath Salts have been hitting the internet market already, with the DEA’s temporary ban of MDPV, Mephedrone and Methylone. Naphyrone has been found in samples of what is being labeled online as “Cosmic Blast” a “jewelry cleaner”. There are products (of substances unknown) that are on the internet labeled as “IPOD/Phone Screen Cleaner” and other various covers, as it appears that “bath salts” became too viral of a product name and drug dealers have now moved on to other, more obscure product naming schemes.

Cosmic Blast, marketed as a jewelry cleaner, is a stimulant/hallucinogen that is being marketed in the same way bath salts were. Drug sellers don’t seem to care about US drug law in that samples of Cosmic Blast that have been tested in toxicology laboratories which came up positive for not only Naphyrone, but also MDPV. Naphyrone (which became popular in the UK after their ban of Mephedrone in 2010), is also known as O-2482 and naphthylpyrovalerone, is a drug derived from pyrovalerone that acts as a triple reuptake inhibitor, producing stimulant effects and has been reported as a novel designer drug. No safety or toxicity data is available on the drug). Anecdotal reports of Naphyrone are it can stay in your body for long periods and since it is a reuptake inhibitor of Serotonin, which is implicated in body heat regulation, body temperatures can soar upwards of 107-108 degrees.

Bruce Talbot, a former police officer and expert on emergent drug trends expressed the following concerns regarding MDPV and what could likely happen now that MDPV, Mephedrone and Methylone have become illegal. He suspects that now that MDPV, Mephedrone and Methylone have finally been added to an emergency ban, they will likely “be replaced by 4′-methyl-a-pyrrolidinopropiophenone (MPPP) and 3′,4′-methylenedioxy-a-pyrrolidinopropiophenone (MDPPP).”

What has been seen with K2/Spice is the U.S. government pushing to ban certain of the synthetic cannabinoids (JWH-018, JWH-073, JWH-200, CP 49,479 and CP 49,479 C8, though they are trying a global sweep of this class by banning anything that binds to the CB1 receptors), but the companies making K2/Spice came out with the same product sprayed with chemicals not covered by state or national bans.

The same pattern is possible with the chemicals in “bath salts” (despite the drug using community moving on from the term “bath salts” it has become the name of recognition for this class of syntethic drugs). The following drugs would likely replace MDPV, Mephedrone and Methylone now that these three are banned nationally. These “chemical cousins include: a-pyrrolidinopropiophenone (a-PPP) little is known about this compound, but it has been detected by laboratories in Germany as an ingredient in “ecstasy” tablets seized by law enforcement authorities; 4′-methyl-a-pyrrolidinopropiophenone (MPPP) is a stimulant drug. It is very structurally similar to a-PPP. MPPP was sold in Germany as a designer drug in the late 1990s and early 2000s, although it has never achieved the same international popularity as its better-known relations a-PPP and MDPV; and 3′,4′-methylenedioxy-a-pyrrolidinopropiophenone (MDPPP) which is a stimulant designer drug. It was sold in Germany in the late 1990s and early 2000s as an ingredient in imitation ecstasy (MDMA) pills. It shares a similar chemical structure with a-PPP and MDPV.

MDPV Timeline

MDPV was developed in the 1960s, and has been used for the treatment of chronic fatigue, but caused problems of abuse and dependence.
1969: Boehringer Ingelheim files a patent application for MDPV.
2005: MDPV appears as a recreational drug; first mention on Drugs-Forum.
2007: First seizure of MDPV as a recreational drug, by customs officials in the German state of Saxony. The drug had been shipped from China.
2008: First seizure of MDPV in the United States.
2009: MDPV made illegal in Denmark.
2010: MDPV made a controlled drug in the UK, Sweden, Germany, Australia and Finland. First reports of the widespread retail marketing of ‘bath salts’ containing MDPV in the US. The US considers both Mephedrone (July, 2010) and MDPV (December, 2010) “a drug and chemical of concern”.
2011: MDPV sale and possession are banned in the US states of Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Mississippi, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington State (as of November 3, 2011), West Virginia, Wisconsin and Wyoming, with legislation being introduced in many other states. The DEA moved to temporarily ban MDPV, Mephedrone and Methylone on October 21, 2011. This ban will last 12 months with the possibility of an additional 6 month extension while the DEA deatermines whether these 3 synthetic stimulants should be permanently classified as scheduled substances.
2012: Permanent US ban is imminent on few, select chemicals. In 2012 the Congress passed the Food and Drug Administration Safety and Innovation Act – Synthetic Drugs, which will list MDPV and Mephedrone, but not Methylone.

The Effects of MDPV/Mephedrone (“Bath Salts”)

“Bath salts” are taken in many forms. Users may snort, shoot, eat or drink them. MDPV is a powerful stimulant that functions as a dopamine-norepinephrine reuptake inhibitor (NDRI). It has stimulatory effects on the central nervous system and cardiovascular system. Physical symptoms include: rapid heartbeat, increase in blood pressure, vasoconstriction, sweating. Mental symptoms include: euphoria, increases in alertness & awareness, increased wakefulness and arousal, anxiety, agitation, perception of a diminished requirement for food and sleep, and intense desire to re-dose. MDPV reportedly has four times the potency of Ritalin and Concerta. MDPV is sometimes labeled online as legal cocaine or legal amphetamines.

The effects have a duration of roughly 3 to 4 hours, with after effects such as tachycardia, hypertension, and mild stimulation lasting from 6 to 8 hours. High doses have been observed to cause intense, prolonged panic attacks in stimulant-intolerant users, and there are anecdotal reports of psychosis from sleep withdrawal and addiction at higher doses or more frequent dosing intervals. It’s addiction potential is not fully known at this time. However, one of the effects of MDPV is an intense desire to redose and there have been online reports from both professionals and users that MDPV is “strongly addicting”.

New research by scientists at the National Institute on Drug Abuse (NIDA) indicates that the active compounds in “bath salts” (mephedrone and methylone) bind to monoamine transporters on the surface of some neurons. This in turn leads to an increase in the brain chemical serotonin, and to a lesser extent, dopamine, suggesting a mechanism that could underlie the addictive potential of these compounds.

Are There Any Dangers Involved in Using “Bath Salts” (MDPV, Mephedrone)

Yes. Until a drug is tested, it cannot be considered safe. MDPV and its ‘chemical cousins’ have not been tested by the FDA and thus little is known as to the harm potential. Some anecdotal stories involving ‘bath salt’ usage and their potential for harm come in news stories from across the nation, local emergency room reports and data collected from the American Association of Poison Control Center.

In 2010 there were 303 calls about MDPV (bath salt) products according to the American Association of Poison Control Centers’ National Poison Data System (NPDS).

As of April 30, 2012 poison centers reported 1007 calls for all of 2012 (6,138 calls in 2011). This shows the trend of how popular this class of drug has become, but it also shows that since the national ban, decreased usage, in the form of poison control center calls, is evident (1,007 calls in the first 4 months of 2012 and 2,027 calls in the same time period of 2011).

Since the National ban MDPV, Mephedrone and Methylone on October 21, 2011, November 2011 saw 231 calls reported, December 2011 – 222 calls, January 2012 – 222 calls, February 2012 – 230 calls, March 2012 – 264 calls, and April 2012 saw 285 calls. This is clear evidence that the national and state bans are having an impact on the use of, and medical necessity reasons to contact emergency rooms, for the chemicals that comprise “bath salts”.

The effects of synthetic cathinones can be wide ranging and in many instances dangerous. Here is a listing of the effects:

  • Aggression
  • Agitation
  • Breathing difficulty
  • Bruxism (grinding teeth)
  • Confusion
  • Dizziness
  • Extreme anxiety sometimes progressing to violent behavior
  • Fits and delusions
  • Hallucinations
  • Headache
  • Hypertension (high blood pressure)
  • Increased alertness/awareness
  • Increased body temperature, chills, sweating
  • Insomnia
  • Kidney pain
  • Lack of appetite
  • Liver failure
  • Loss of bowel control
  • Muscle spasms
  • Muscle tenseness
  • Vasoconstriction (narrowing of the blood vessels)
  • Nausea, stomach cramps, and digestive problems
  • Nosebleeds
  • Psychotic delusions
  • Pupil dilation
  • Renal failure
  • Rhabdomyolysis (release of muscle fiber contents [myoglobin] that could lead to kidney problems)
  • Severe paranoia
  • Suicidal thoughts
  • Tachycardia (rapid heartbeat)
  • Tinnitus

How Legal/Illegal is MDPV, Mephedrone and Methylone (“Bath Salts”) Nationally?

On October 21, 2011 the DEA finalized a move to enact a temporary emergency control (ban) of three synthetic stimulants. The United States Drug Enforcement Administration (DEA) is using its emergency scheduling authority to temporarily control three synthetic stimulants (Mephedrone, 3,4 methylenedioxypyrovalerone (MDPV) and Methylone). Except as authorized by law, this action will make possessing and selling these chemicals or the products that contain them illegal in the U.S. for at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study whether these chemicals should be permanently controlled. This emergency action was necessary to prevent an imminent threat to the public safety.

On March 1st, the DEA announced the ban of 5 synthetic cannabinoids (JWH-018, JWH-073, JWH-200, CP 47,497 and CP 47,497 C8), however, before the ban was in place, generation 2 of synthetic cannabinoids were already being sold in convenience stores with the makers touting none of the banned substances being in their product.

In Pennsylvania (on June 23, 2011), SB 1006 was passed by the House, Senate and approved by the Governor. This bill SB 1006 bans 6 synthetic stimulants including MDPV and Mephedrone (this PA bill bans the same 6 synthetic stimulants that NJ banned on April, 28, 2011). This bill is also proposing to ban sativa and 8 synthetic cannabinoids and their analogues.

An amendment added to the PA SB 1006 also includes language barring all chemicals that are similar to the substances that are currently found in bath salts, synthetic cannabinoids and 2C (hallucinogens such as 2C-E, 2C-I, 2C-P, 2C-H and their analogues, congeners, homologues, isomers, salts and salts of analogues, congeners, homologues and isomers), and prohibits those chemical compounds from being used to create the same effect as the current bath salts, sytnthetic cannabinoids and 2C chemical structures. This addition to the law will make Pennsylvania’s the strongest such law in the nation.

As historical perspective, these drugs got on the US Government radar in December, 2010, when the DEA published a report listing MDPV as a drug of concern. On February 1, 2011 Gil Kerlikowske, Director of National Drug Control Policy, released the following statement following recent reports indicating the emergent threat of these synthetic stimulants, stating that he was “deeply concerned,” and that “public health officials are working on this emerging issue.” These drugs have been around long before then, and very few of them are being banned 2 years after this first statement by the US Government.

When a federal ban is finally enacted on a drug, it does not mean local authorities will take action on this drug. States still need to enact legislation to ban the substances in order for state (then local) authorities to take action. Federal bans will go after larger distributors, but it will be locally determined as to whether users and smaller, local distributors (such as non-chain convenience stores and gas stations) will be sought after without a state ban.

The Facts: MDPV, Mephedrone, and other synthetic cathinones can cause serious psychiatric symptoms in people who have never exhibited such symptoms prior to usage. This can happen for some, while others will never experience these symptoms under the influence of these chemicals. However, the prevalence of people having abreactions is evident in Poison Control Center data, and in these types of anecdotal stories linked above. For those who have pre-existing psychiatric problems, ingesting these substances can further fracture and intensify these pre-existing psychiatric symptoms, which can be expressed in violent ways by some. There is no evidence of continued “zombiefication” of bath salt users after the drugs have left their system. Thus any zombie like tendencies (i.e., aggression leading to the severe mutilation of oneself or others) that could possibly exist, would only do so while under the influence, and wouldn’t persist after the effects of the drug have left a person’s system. Sorry, no Hollywood zombie apocalypse is evident with “bath salts” ingestion, only tragic consequences.

The Conclusion: “Bath Salts” are man made derivatives (i.e., synthetics) of naturally occurring stimulants, created and popularized by “armchair chemists” driven by profit potential and whose business acumen is much more developed than their chemistry abilities. The people ingesting these substances are what are known as in the gaming community as “beta testers” of products which cause such volatile reactions in some, that this “beta stress test” is obviously failing with oft-times gruesome, tragic (yet sadly “popular” and “trending”) results. But this unfortunately will not stop many from continuing down this path of using these potentially dangerous, untested, unregulated (in terms of the actual making of the drugs), synthetic drugs. Thus while the popularization, and light-heartedness of the “zombie apocalypse” is shedding a new light on the potential dangers of these class of drugs, it is quite possible that message gets lost due to the glib way it is being presented in the (social) media.

If I have been accused of selling or buying “bath salts” in Texas is there anything I can do?

First of all, you will want to immediately seek the legal advice of an experienced criminal law attorney. Only an attorney who works to keep up on current drug laws and trends can help you after an arrest. Do not let recent changes in the law make you vulnerable to being arrested for bath salts possession, use or distribution. Being arrested for any charge involving bath salts will change the course of your life immediately. Depending on the actual charge you may face misdemeanor or felony drug charges, you will face heavy fines, possible probation, house arrest and a possible jail sentence.

It is not advisable to confront these charges by yourself. Please do not hesitate to contact a Houston Bath Salts Defense Attorney to discuss your rights and how to protect them. For experience you can trust, contact the Charles Johnson Law Firm today at (713) 222-7577 to discuss your case. With his many years experience handling drug crimes in Texas he will thoroughly protect your rights, your freedom as well as your reputation.

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The Best Houston Criminal Lawyer » Facing A Drug Distribution Case? This Approach Is Your Best Strategy.

Hire the Best Houston Criminal Lawyer!

Houston Criminal Lawyer Charles Johnson Law Firm

Drug distribution/transporting laws penalize the selling, transport, and unlawful import of unlawful controlled substances into the US most notably marijuana, methamphetamine, cocaine, LSD, heroin, and “club drugs”.

Thus, drug distribution/transportation violations may perhaps fall under a group of crime viewed as an organized illegal activity that can add additional criminal charges to a defendant’s crime and increase the penalties if found guilty. Ownership or sale of these drugs is not necessarily a component of the offense, making objective a factor within the prosecution of distribution/transportation cases. Drug distribution/trafficking laws can implicate a single individual or a broad ring of men and women involved within the criminal offense. Transporting of controlled substances over a state line or possibly a country’s border is a federal crime with significant penalties that may possibly include the death penalty for drug kingpins.

Delivery of a drug is defined as the actual or attempted transfer of a drug from one individual to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash does not have to change hands for someone to be charged with the selling of drugs. For example, you may perhaps be found guilty of delivering a controlled substance even though others perform the physical act of delivery and you do not receive any money for the transaction. As an example, a defendant was present while another individual delivered and sold cocaine to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the cocaine was virtually all that was necessary for an arrest of delivery and sale of drugs. Even though the defendant told law enforcement officials that she received a mere one-half gram of crack in return for her help with the drug sale, she was convicted for illegal delivery and sale.

Dispensing of drugs for medical purposes is permitted under quite specific regulations. However, should a physician dispense drugs outside the scope of his medical practice, this individual can certainly be found guilty of drug crimes, as in U.S. v. Singh, (4th Cir. 1995), in which a physician traded drugs for sexual favors with patients hooked on prescription drugs.

Distribution is defined as the delivery of a controlled substance other than for the administering or dispensing of it. An individual is frequently guilty of distribution when he or she transfers a controlled substance to another individual. The transfer can be actual, constructive, or attempted. The transfer is actual whenever a person physically transfers the controlled substance to another; it is constructive, when the federal government can prove that a person intends to sell or distribute an unlawful substance through their actions or when the quantity of drugs in their possession is considerable; it is attempted when that person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so. Anyone who intentionally participates in contributing to a drug transaction, even if only as a translator, is regarded as a deliverer of a controlled substance.

Transportation and distribution of drugs tend to be more serious crimes than is the criminal offense of drug possession; and these crimes bring about the potential for significant consequences. Anyone facing drug charges for drug importation, drug transportation, or drug distribution and sale (excluding small quantities of marijuana) are typically charged with a felony. A drug transportation/distribution charge might bring about one or more years in a state prison along with a permanent criminal record. Automobiles, residences together with other possessions tied into a drug transaction may also have to be forfeited.

The sale of drugs is invariably a felony arrest. A sale of under 40 kilograms of marijuana is known as a felony under federal law, and is punishable by five years in jail and a $250,000 fine. The penalty for the sale of “harder” drugs, crack and heroin, can certainly include a life sentence. Sentences and fines are usually in line with the quantity of the sale, the previous criminal history of the defendant, the presence of firearms on the defendant through the transaction, and whether minors were involved in the transaction or not.

Mere possession of a controlled substance does not demonstrate specific motive to distribute or sell the drug. Motive cannot be proven by use of direct evidence (evidence primarily based on a witness’s firsthand knowledge) or circumstantial evidence (evidence based on inference); a distributor must know that he/she is in possession of a drug meant for distribution.

Defenses for Distribution/Transportation

Defenses for drug distribution/transportation charges ordinarily involve the violation of the Constitutional privileges of the person charged. Due process requires that every element of the crime be proved beyond a reasonable doubt, a high standard when attempting to demonstrate the elements in a distribution/transportation offense. In addition, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The unreasonableness is determined by the specifics and circumstances of each case. If the police unlawfully searched you, or illegally seized your property, an Experienced Houston Criminal Defense Lawyer could very well be able to have the charges dismissed.Various other proven successful defenses for distribution/transportation criminal charges include entrapment and illegal surveillance, both of which an individual is constitutionally defended against under certain situations.

If you had been in a vehicle containing drugs that was stopped, but you were a passenger, the prosecution needs to establish that you had been in possession and had knowledge of your possession. You may not be found guilty of any drug charge ;if you didn’t realize the drug had been there.

An Experienced Houston Criminal Defense Attorney will make sure your legal rights are defended and if the authorities didn’t follow correct procedures, they will have resulting evidence dismissed.

Houston Drug Distribution Defense Lawyer

If you face any sort of of drug criminal charges, the prosecution will try to press the most severe charges potential. Should you encounter drug distribution criminal charges or you have been arrested for conspiracy with intent to distribute, a conviction could mean a long jail sentence and forfeiture of property and assets.

Law enforcement are not your pals. Your very best chance is to get in touch with an aggressive criminal defense lawyer and keep your mouth shut.

If you are found with scales, drugs, and other distribution materials, you will probably be charged with possession with intent to distribute. Depending on the amount of the drug involved, you could lose vehicles, cash, and even your home if found guilty. Providing the aggressive criminal defense you deserve, a skilled Houston Lawyer will be available twenty-four hours a day, seven days a week.

A knowledgeable Houston Criminal Defense Attorney will make certain the burden of proof rests on the prosecution.

The Leading Houston Attorney will treat you and your legal issue with dignity and go to war for you to protect your life, nearest and dearest and future. Whenever you or perhaps a family or close friend are dealing with legal charges or a criminal defense inquiry, you would like an individual you can rely on to assist you.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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