At a fundamental level, the law should reflect the values of the people. When laws come into conflict with what most people want, something is amiss.
And yet, a recent poll suggests that drug possession laws differ substantially from how most Americans believe the issue should be treated. Let’s look at this discrepancy a little more closely.
How Drug Possession Is Treated Now
Texas is one of many states where drug possession can lead to a felony conviction. Even relatively low levels of THC in a vape pen can land someone in prison for up to two years.
Considerations like the type and quantity of the drug in question control whether possession will be charged as a felony or a misdemeanor. But in every case, drug possession charges are serious business.
American Attitudes Toward Drug Possession
A 2024 poll gathered data on how Americans believe substance use disorders should be treated.
The poll found that 75% believe the issue should be approached as a public health problem rather than a criminal one. And yet, while most Americans are more interested in ways to treat people with drug problems, the law focuses largely on punishment.
Punishment Has Unintended Consequences
The War on Drugs is widely considered a failed policy. It has not decreased drug use. It has not prevented crime. It has not helped communities improve their safety and health outcomes. Punishment does not deter drug use or help people who have fallen under the influence of illicit substances.
Worse, punishment actually increases drug overdose deaths. Prior incarceration increases the overdose rate by a large margin. Once people have been jailed for drugs, they are less likely to seek proper medical care for drug-related problems.
Jails and prisons are not good places to deal with a substance use disorder. Victims of these disorders are unlikely to get the treatment or care they need while incarcerated. Drug use and overdoses continue to be a problem in many jails despite the efforts taken to prevent them.
Take Drug Charges Seriously
Public attitudes about drugs and drug use are growing more sympathetic. That public sentiment can be beneficial, but it won’t help someone charged with a drug crime. It’s important to remember that police and prosecutors take drug crimes seriously in Texas. If you’ve been arrested or charged, you need a strong defense to protect your rights.
Contact an Experienced Texas Criminal Defense Attorney
At Lee & Wood, LP, we provide the skilled representation Texas clients need. If you have been charged with a crime, our lawyers can work with you to put up a well-crafted defense. Contact us online or call us at 817-678-6771 to discuss your case.