Potential consequences and information about “Possession of a Controlled Substance” criminal offenses in Texas.
To be accused of drug possession by law enforcement in the State of Texas is a serious matter. If found guilty, criminal penalties for drug possession will vary based on the amount of the controlled substance in the possession of the accused at the time of arrest. The punishment for this classification of crimes can range from simple probationary community supervision, to long prison terms.
Drug possession cases in Harris County, TX are termed as POSSESSION OF A CONTROLLED SUBSTANCE and is usually related to drugs like meth, cocaine, marijuana, heroin, and other substances deemed to be controlled by the law.
In the event that you are found guilty of drug possession, or any crime related to drugs or a controlled substance, The State of Texas will suspend your drivers license for at least six months. If your drivers license is suspended, Houston criminal defense lawyer Jack B. Carroll may be able to offer some solutions via the criminal justice system.
Houston area police agencies will arrest you for drug possession if they find drugs in your possession, or they can charge you under a claim of “constructive possession” which means that the controlled substance was under your direct influence. The could mean drugs were hidden in a “secret stash” or secret compartments in homes, vehicles, and other property.
Arrested For Possession of a Controlled Substance?
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Board Certified Houston Criminal Defense Attorney Jack B. Carroll accepts cases due in Federal Court, The Greater Houston, TX area, Brazoria County, Chambers County, Fort Bend County, Galveston County, Liberty County, Montgomery County, San Jacinto County, Waller County, and Harris County.
Drugs Deemed Controlled Substances by The State of Texas
The Texas Health and Safety Code are the body of laws which determine the definition, and criminal penalties relating to the possession of controlled substances in the State of Texas. Controlled substances are divided into five classifications in conjunction with a marijuana category. “Possession of Controlled Substance” can also be charged if the accused is found to be in possession of prescription drugs without having a legitimate prescription.
|Penalty Group||Examples of Controlled Substances|
|1||Cocaine, Meth, Heroin, GHB, Ketamine, Oxycodone, Hydrocodone.|
|2||Ecstasy (MMDA), PCP, mescaline, (Cannabinoid Extracts other than Marijuana)|
|3||Valium, Xanax, Ritalin|
|4||Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone|
Penalties for Possession of a Controlled Substance in Texas
|Less than 1 Gram||State Jail Felony||180 days – 2 Yrs State Jail + Fines up to $10,000|
|1 gram or more, less than 4 grams||3rd Degree Felony||2 to 10 Yrs TDC + Fines up to $10,000|
|4 grams or more, but less than 200 grams||2nd Degree Felony||2 to 20 Yrs TDC + Fines up to $10,000|
|200 grams or more, but less than 400 grams||1st Degree Felony||5 to 99 Yrs TDC + Fines up to $10,000|
|400 grams or more||Enhanced 1st Degree Felony||10 to 99 Yrs TDC + Fines up to $100,000|
Penalty Group 1A
|Fewer than 20 units||State Jail Felony||180 days – 2 Yrs State Jail + Fines up to $10,000|
|20 or more units, but less than 80 units||3rd Degree Felony||2 to 10 Yrs TDC + Fines up to $10,000|
|80 units or more, but less than 4,000 units||2nd Degree Felony||2 to 20 Yrs TDC + Fines up to $10,000|
|4,000 units or more, but less than 8,000 units||1st Degree Felony||5 to 99 Yrs TDC + Fines up to $10,000|
|8,000 units or more||Enhanced 1st Degree Felony||15 to 99 Yrs TDC + Fines up to $250,000|
Penalty Group 2
|Less than one gram||State Jail Felony||180 days – 2 Yrs State Jail + Fines up to $10,000|
|More than 1 gram, less than 4 grams||3rd Degree Felony||2 to 10 Yrs TDC + Fines up to $10,000|
|More than 4 grams, less than 400 grams||2nd Degree Felony||2 to 20 Yrs TDC + Fines up to $10,000|
|400 grams or more||Enhanced 1st Degree Felony||5 to 99 Yrs TDC + Fines up to $10,000|
Penalty Groups 3 and 4
|Less than 28 grams||Class A Misdemeanor||Up to 1 year county jail + Fines up to $4,000|
|28 grams or more, but less than 200 grams||3rd Degree Felony||2 to 10 Yrs TDC + Fines up to $10,000|
|200 grams or more, but less than 400 grams||2nd Degree Felony||2 to 20 Yrs TDC + Fines up to $10,000|
|400 grams or more||Enhanced 1st Degree Felony||5 to 99 Yrs TDC + Fines up to $50,000|
Additional Criminal Penalties Related to Possession of a Controlled Substance
In addition to any criminal penalties, prison time, property seizure, and fines levied as punishment for the possession of a controlled substance, there may be an expanded financial impact with regard to the taxation of certain amounts of illegal drugs will WILL bring new criminal charges of TAX EVASION.
Depending of the weight and class of the controlled substance, possession of a controlled substance cases can be difficult meaning access to a Board Certified, 20 year+ veteran Houston Criminal Defense Attorney like Jack Carroll will give you an advantage when facing unforgiving prosecutors and district attorneys in the court of law.
Even if you don’t hire Jack B. Carroll, be sure to retain at least an equally qualified defense attorney to fight on your behalf in the court of law. Jack B. Carroll is highly experienced with high profile cases, evidence suppression, federal drug conspiracy cases, and winning for his clients.
Even if you know you are guilty as charged and want to plead out, it behooves you to have legal representation to limit the potential criminal penalties especially if you have a prior drug conviction on your record.
Note: For information related to Drug Paraphernalia Cases Click Here