Possession of a Controlled Substance in Texas

Texas Takes Drug Possession Seriously

The Texas Controlled Substances Act contains the law related to crimes of possession of illegal drugs. The act is complex and convoluted. It can be difficult to pick your way through. Depending on the type of drug, the amount, and the circumstances; charges can be anywhere from a minor misdemeanor to a felony with a Life sentence. The facts surrounding the charge also have much bearing on how the case plays out in court. Whether facing prison time or just a fine, a sound legal defense is necessary.

Unfortunately, the criminal justice system is complicated and many truly have no idea what is going to happen to them unless they have legal representation. Very serious consequences await those that are caught with any drug in their possession. Each case is different, so the court will examine whether there was paraphernalia found, a large sum of money with the drugs, how the drugs were concealed, and if there are any prior convictions or offenses. The justice system tends to be rather difficult for repeat offenders.

Marijuana Possession

There is a great debate about marijuana and its medicinal uses. While it is still an illegal drug in Texas, it does not carry the same penalties as other drugs. If a person has less than two ounces in their possession, the maximum sentence is 180 days in jail. However, when it comes to this low of an amount, typically, we can negotiate a deal for probation and a drug treatment program. If the drug treatment program is completed successfully, the charged can be dropped. The real problem comes into play where there are more than two ounces in one’s possession. Things get really serious when there are over 2,000 pounds in one’s possession. This can bring a life sentence. Marijuana charges are commonplace in Texas, but less than two ounces is typically a minor sentence.

Arrested for Cocaine, Heroin, or Methamphetamine

Any drug under this classification is known as Penalty Group One (PG 1). It is measured in grams, and under a gram can get a person anywhere from 180 days to two- years in jail. Possessing one gram but less than four grams a Third Degree Felony. It carries a penalty of anywhere from two to ten years in prison. A person having four up to 200 Grams is a Second Degree Felony, punishable by two to 20 years in prison. To be charged with a First Degree Felony under this group, one must have at least 200 grams or more. It is punishable by up to 99 years (or Life) in prison. LSD falls under this classification with a group 1A classification. It carries a penalty from two years to life in prison. It also has a fine up to $250,000. The most common felony drug case is possession of methamphetamine. However, we regularly see heroin and cocaine cases, too. Regardless of the controlled substance, the consequences are serious. Call and schedule a time to meet with us about your case.

Ecstasy, PCP, Mescaline Possession

In Texas, the “Penalty Group 2” includes drugs like PCP, Ecstasy or Molly. These are the most common drugs cases heard in the courts in this area. Any form of cannabis that has extracted THC would also fall into this felony group. Less than one gram of any of these substances will carry a two-year jail sentence and fines. Carrying 400 grams or more is a life sentence with fines of over $50,000.

Possession of Valium, Ritalin and Other Prescription Medications

Though prescription medications would appear to fall under a more lenient category, they are classified as “Penalty Group 3” and also four. Less than 200 grams is a sentence anywhere from one year in jail and a fine that is around $4,000. Anyone with more than 200 grams in their possession can face up to 20 years in prison and fines that exceed $10,000. Drugs that fall into these categories include Xanax, Valium, Klonopin, and Ritalin. This is for prescriptions medications that are not prescribed to the individual.

NOT ADDERALL! Possession of any amount of Adderall is a felony, because it contains amphetamine salts and isomers. Like Ritalin, Adderral is prescribed for ADD or ADHD. Despite these drugs having similar pharmacological uses and physical affects, possession of Adderral is much more serious.

Driving While Intoxicated Drug Cases

Anything that impairs your ability to drive a vehicle in this state can lead to a DWI arrest. While possession of controlled substance Texas is one thing, driving while intoxicated by drugs. We see many cases where people drive using prescription medications and are charged because it impairs their ability to operate a motor vehicle safely. If a prescription medication makes a person tired, uncoordinated, and unable to keep the car in their lane; they can be charged with a DWI.

Even if the medications are prescribed to a person that does not mean that they can drive safely while taking them. An officer has a right to charge an individual with a DUI who is impaired regardless of whether it is illegal drugs, alcohol, prescription medications, or over the counter drugs. Anyone caught with an open container will receive a Class B misdemeanor and a minimum of 72 hours of confinement. If there is a child in the car while driving intoxicated, the charges move from a misdemeanor to a felony level.

Off Your Record Even with a Bad Case

Many counties in Texas are aware of the overwhelming drug problem that plagues our state. Diversion programs are able to help first-time offenders to get their charges dropped in exchange for completing a drug program. The program may include education programs, treatment in a drug facility, community service, or other sentencing as the judge sees fit. Charges can be expunged if a person keeps their record clean and completes the diversion program.

Why Legal Representation is Vital

The penalties for possession of drugs in what Texas considers a “Drug-Free Zone” are even harsher. This includes areas 1,000 feet within schools, school buses, college campuses, and other specified areas. It is vital that anyone facing drug charges have the expertise of a lawyer at their side. It can mean the difference between jail time and community service.