Possession of a Controlled Substance

"The quantity and type of drug effect the penalties leveled for possession."

"You need a skilled drug lawyer who has a record of beating these cases."

Possession of a Controlled Substance in Texas

If you have been arrested for a drug possession offense in Dallas or Fort Worth, it is crucial that you contact an experienced Texas drug defense lawyer. Depending on the amount of the substance and the penalty group that the drug is in, the penalties of a conviction for drug or controlled substance possession can be extremely severe.

Contact the proven criminal defense team at the Law Firm of Matthew Pillado PLLC. today.

800-672-3911

What is possession of a controlled substance in Texas?

You can be charged with the possession of a controlled substance if you knowingly or intentionally possess any of the substances listed in the Penalty Groups below without a valid prescription from a doctor. This includes drugs, dangerous drugs, chemicals, narcotics, stimulants, opiates, prescription pills, medications, marijuana, synthetic substances and natural substances.

Having an attorney to keep these definitions in your favor is essential to your freedom and the well being of your family. Contact Matthew Pillado PLLC. and get the aggressive legal defense you need.

Penalty Groups for Drugs in Texas and Their Penalties

Penalty Group 1

These substances have a high potential for abuse and no known or accepted medical use in the United States. Examples of these types of substances include, but are not limited to:

  1. Cocaine
  2. Heroin
  3. Methamphetamine
  4. Oxycodone
  5. Hydrocodone (over 300mg)
  6. Ketamine

Possession of Penalty Group 1 substances are punishable as follows:

An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence of up to two years and not less than 180 days and/or a fine of up to $10,000.

An individual can be convicted of a felony of the third degree if the amount of the substance is more than one gram but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.

An individual can be convicted of a felony of the second degree if the amount of the substance is more than four grams but less than 200 grams. A conviction for this offense can result in a prison sentence of 2 to 20 years and/or a fine of  up to $10,000.

An individual can be convicted of a felony of the first degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of 5 to 99 years and/or a fine of up to $10,000.

If the amount of the substance is 400 grams or more, the offense is punishable by 10 to 99 years in prison and/or a fine of up to $100,000.

Penalty Group 2

These substances can have a high potential abuse but have been found to have medical purposes in the United States. Examples of these types of substances include, but are not limited to:

  1. Mushrooms
  2. Psilocybin
  3. Ecstasy
  4. MDMA (“Molly”)
  5. PCP (Phencyclidine)
  6. Marinol
  7. THC Oil

Possession of Penalty Group 2 substances are punishable as follows:

An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence of up to two years and/or a fine up to $10,000.

An individual can be convicted of a felony of the second degree if the amount of the substance is one gram or more but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.

An individual can be convicted of a felony of the third degree if the amount of the substance is four grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of 2 to 20 years and/or a fine up to $10,000.

If the amount of the substance is 400 grams or more, the offense is punishable by life in prison or a term of 5 to 99 years and/or a fine up to $50,000.

Penalty Group 3

These substances have a lower potential for abuse than PG-1 or PG-2 substances and have common medical uses in the United States. Examples of these types of substances include, but are not limited to:

  1. Anabolic steroids
  2. Xanax
  3. Lorazepam
  4. Valium
  5. Ritalin
  6. Hydrocodone (under 300mg)

Possession of Penalty Group 3 substances are punishable as follows:

An individual can be convicted of a Class A misdemeanor if the amount of the substance is less than 28 grams. A conviction for this offense can result in a jail sentence of up to one year and/or a fine up to $4,000.

An individual can be convicted of a felony of the second degree if the amount of the substance is more than 28 grams but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.

An individual can be convicted of a felony of the third degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.

An amount of 400 grams or more is punishable by life in prison or a term of five to 99 years and/or a fine up to $50,000.

Penalty Group 4

These substances are considered to have the lowest potential for abuse and have common uses for medical purposes in the United States. Examples of these types of drugs include, but are not limited to:

  1. Compounds and mixtures with small amounts of codeine
  2. Compounds and mixtures with small amounts of opium

Possession of Penalty Group 4 substances are punishable as follows:

An individual can be convicted of a Class B misdemeanor if the amount of the substance(s) is less than 28 grams. A conviction for this offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.

An individual can be convicted of a felony of the third degree if the amount of the substance(s) is 28 grams or more but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.

An individual can be convicted of a felony of the second degree if the amount of the substance(s) is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.

If the amount of the substance(s) is 400 grams or more, the offense is punishable by life in prison or a term of five to 99 years in prison and/or a fine up to $50,000.

Contact the Law Firm of Matthew Pillado now for a Fast Consultation

800-672-3911

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