This page features information regarding the consequences and definitions associated with criminal charges related to controlled substances in the State of Texas. If you or someone close to you are facing criminal charges in the Houston area in connection with controlled substances of any type or amount, contact Jack B. Carroll & Associates for help today by calling 713-228-4607.
Arrested for possessing a controlled substance in Houston?
Jack B. Carroll, a top Houston defense attorney, will help you.
When a person is arrested by law enforcement and charged with possession of a controlled substance, no matter the substance, it’s a serious matter.
If the accused party is convicted of their offense in court, the law will require them to serve a prison sentence, the length of which is determined by the quantity and type of drug or “controlled substance” they possessed.
The punishment for guilty parties can range from probation for minimal weed cases on up to 10s, 20s, and even life prison sentences for cocaine & heroin traffickers. If the quantity reaches a certain threshold and certain conditions are met, even marijuana offenders could face a life sentence.
Poss. C/S (Controlled Substance) Cases
Understanding Houston Drug Charges
If a person is arrested for possessing an illegal drug, the criminal charge will read “Poss C/S [insert name of drug here].” Whether the defendant was arrested for meth, cocaine, marijuana, or heroin, possession of a controlled substance is the criminal offense for which they’ll be charged. “Possession of Controlled Substance” can also be applied to an individual who is in possession of prescription drugs absent a legitimate prescription.
Unknown to most, when a person is convicted of a drug offense, their Texas Driver License could be suspended for at least six months. If your Texas Driver License was suspended in this manner, Houston criminal defense lawyer Jack B. Carroll may have a few solutions available for you.
Constructive Possession
The Houston Police Department and the Harris County Sheriff’s Office are known for making arrest after an alleged finding of constructive possession. In short, the defendant didn’t have physical possession of the narcotic, but had control or “direct influence” over the area or place where the drug was located. An example of “direct influence” could be a safe, a lock-box, stash-spot, or other secret compartments in homes, vehicles, and other property.
Facing Drug Possession Charges in Houston?
Call 713-228-4607 for Jack B. Carroll. We’ll review your case at no charge.
If you’re guilty, you’ll need a good lawyer.
If you’re innocent, you’ll need an even better lawyer.
Houston Criminal Defense Attorney Jack B. Carroll is Board Certified® in criminal law by the Texas Board of Legal Specialization. Our law firm accepts cases on docket in Federal Court, Brazoria County, Chambers County, Fort Bend County, Galveston County, Liberty County, Montgomery County, San Jacinto County, Waller County, and Harris County.
If you need help, contact Jack B. Carroll & Associates today at 713-228-4607.
Texas Law & Controlled Substances
The Texas Health and Safety Code is the body of laws which determines the definition and penal consequences for possession a controlled substance. Controlled substances are divided into five distinct classifications in addition to a marijuana category.
Texas Drug Penalty Groups
| Penalty Group | Controlled Substances (Example) |
|---|---|
| PG 1 | Cocaine, Meth, Heroin, GHB, Ketamine, Oxycodone, Hydrocodone |
| PG 1a | LSD |
| PG 2 | Ecstasy/MMDA, PCP, mescaline, Cannabinoid Extracts other than Marijuana |
| PG 3 |
Valium, Xanax, Ritalin |
| PG 4 | Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone |
Applicable Penalties for PG1 Offenses
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| UNDER 1 GRAM | State Jail Felony | 180D - 2YR STATE JAIL | UP TO $10K |
| 1 TO 3.99 GRAMS | 3RD Degree Felony | 2-10YR TDCJ | UP TO $10K |
| 4 TO 199 GRAMS | 2ND Degree Felony | 2-20YR TDCJ | UP TO $10K |
| 200 TO 399 GRAMS | 1ST Degree Felony | 5-99YR TDCJ | UP TO $10K |
| OVER 400 GRAMS | 1ST Degree Felony(e) |
10-99YR TDCJ | UP TO $100K |
Applicable Penalties for PG1a Offenses
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| UNDER 20 Units | State Jail Felony | 180D - 2YR State Jail | UP TO $10K |
| 20 TO 80 Units | 3RD Degree Felony | 2-20YR TDCJ | UP TO $10K |
| 80 TO 4000 Units | 1ST Degree Felony | 5-99YR TDCJ | UP TO $10K |
| Over 4000 Units | 1ST Degree Felony(e) | 15-99YR TDCJ | UP TO $10K |
Applicable Penalties for PG2 Offenses
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| UNDER 1 GRAM | State Jail Felony | 180D - 2YR State Jail | UP TO $10K |
| 1 TO 4 GRAMS | 3RD Degree Felony | 2-20YR TDCJ | UP TO $10K |
| 4 TO 400 GRAMS | 1ST Degree Felony | 5-20YR TDCJ | UP TO $10K |
| Over 400 GRAMS | 1ST Degree Felony(e) | 10-99YR TDCJ | UP TO $10K |
Applicable Penalties for PG3 and PG4 Offenses
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| Under 28g | State Jail Felony | 180D - 2YR State Jail | UP TO $10K |
| 28 to 200g | 3RD Degree Felony | 2-20YR TDCJ | UP TO $10K |
| 200 to 400g | 1ST Degree Felony | 5-99YR TDCJ | UP TO $10K |
| Over 400g | 1ST Degree Felony(e) | 10-99YR TDCJ | UP TO $10K |
MORE INFO: Marijuana Possession Penalties
Additional Financial Penalties May Apply
In addition to prison time, property seizure, and fines levied as punishment for the possession of a controlled substance; the IRS could get involved. There may be added financial penalties with regard to the taxation of certain amounts of illegal drugs which may bring new criminal charges for TAX EVASION.
Depending on the weight and classification of the controlled substance, it could be a difficult case to fight in court. With access to Board Certified®, 29 year+ veteran Houston Criminal Defense Attorney Jack B. Carroll, you’ll have a welcome advantage when facing unforgiving prosecutors and District Attorneys in the court of law.
Even if you don’t retain attorney Jack B. Carroll, be sure to retain an equally qualified Houston drug crimes 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.
If you feel that you’re guilty as charged and want to plead out, it behooves you to have legal representation to limit the potential criminal penalties. If you have a prior drug conviction on your record, this is especially true.
Additional Resource: Drug Paraphernalia Cases
Looking for a defense attorney in Houston?
Call Jack B. Carroll & Associates today!
If you’re fighting a drug charge in Harris County and need the assistance of a skilled criminal defense lawyer, contact Jack B. Carroll & Associates today by calling 713-228-4607. Our office provides in-depth case evaluations and outstanding legal representation in Houston and throughout the surrounding areas.