The State of Texas is well-known for its severe stance on the
possession of any controlled substance. If you have been charged with
possession of a controlled substance you need immediate, aggressive
legal help in order to preserve your freedom and your future. Never wait
to hire an attorney in the hopes the situation will improve—this almost
never happens and can put the attorney you eventually hire at a
definite disadvantage.
New Laws and Proving Possession A year ago this September the Texas legislature amended certain drug laws by adding synthetic marijuana and “bath salts” to the list of controlled substances. This act added another group to the previous 5 Penalty Groups, listing these substances under Penalty Group-2A. The amendment provided penalties under any circumstance where such drugs as spice, K2, and other synthetic drugs similar in nature to cocaine were found in possession. While there are many defenses to a drug possession—and you and your attorney will decide on one together after your case has been thoroughly evaluated—the element of possession could be a possible avenue for your defense.
Your attorney will want to examine whether or not your rights were violated during the search or investigation phase by law enforcement. The Fourth Amendment requires a warrant in order for officers to search you, your property or your home with certain exceptions. Should your rights have been violated then the seizure of the drugs could be challenged and potentially suppressed. Additionally, in order to prove you were in possession of a controlled substance the state prosecutor must prove you exercised a high level of actual care, custody, control and/or management of the drug. The word “actual” can provide a certain defense in a drug possession case in that the state must prove you intentionally and with full knowledge had a drug in your possession without benefit of a valid prescription for that substance.
Penalty Groups Under Texas Law Being arrested for possession of a Penalty Group-1 (PG-1) controlled substance could lead to very severe punishments and penalties upon conviction. At the other end of the Penalty Groups is Penalty Group-4 which, while less severe, can still bring very serious repercussions. PG-1drugs include opium, morphine, rohypnol, methamphetamine, ketamine and many other derivatives of these drugs. Depending on the amount of the drug found in the possession of the offender, a conviction could result in fines as high as $100,000 and either a state jail felony which brings six months to two years in state jail or, should the offender be convicted of an enhanced first-degree felony, they could spend from ten years to life in prison. Penalty Group-1A includes the drug LSD and carries similar penalties to the PG-1 category.
Penalty Group-2 consists of drugs primarily in the hallucinogenic category such as Ecstasy, PCP, magic mushrooms, mescaline and psilocin while the new Penalty Group-2A category includes synthetic marijuana and “bath salts,” which is essentially synthetic cocaine. There are many more sub-categories of drugs in this Penalty Group and a possession conviction could result in fines from $10,000 to $50,000 (depending on the amount) as well as jail time from six months to two years for an amount less than one gram with increasing prison time as the amount possessed increases. For possession of over 400 grams of a PG-2 or PG-2A drug, the offender could receive from five years to life in prison.
Penalty Group-3 encompasses such controlled substances as Valium, Xanax, Ritalin and Secobarbital, to name just a few. Possession of an amount less than 28 grams of any of these drugs will be charged as a Class A misdemeanor and carries penalties of up to a year in the county jail and fines as high as $4,000. At the other end of the spectrum, being caught with 400 grams of more of any of these Penalty Group 3 controlled substances will result in an enhanced first-degree felony charge which could result in fines of $50,000 and time in a state prison from five years to 99 years.
Penalty Group-4 contains compounds, mixtures or preparations containing limited amounts of narcotic drugs as well as one or more non-narcotic active medicinal ingredient. While these are certainly the mildest level of controlled substances, the penalties for a conviction can nonetheless be very severe. In fact, possession of a PG-4 controlled substance in the amount of 400 grams or more brings the same enhanced first-degree felony punishments as a PG-2 or PG-3 substance—five to 99 years in state prison and fines as high as $50,000. Lesser amounts of these substances can still result in six months to 20 years in jail or prison and fines from $2,000 to $10,000.
While possession of marijuana is in a separate category altogether, it can nonetheless be charged as a felony or misdemeanor, depending on the amount found in possession. Remember that a drug conviction on your record can result in many negative consequences—you may find yourself unable to obtain employment or could lose the job you had, may be unable to receive federal funding to continue your education and might even be unable to rent an apartment or home. Don’t wait to contact a qualified attorney.
New Laws and Proving Possession A year ago this September the Texas legislature amended certain drug laws by adding synthetic marijuana and “bath salts” to the list of controlled substances. This act added another group to the previous 5 Penalty Groups, listing these substances under Penalty Group-2A. The amendment provided penalties under any circumstance where such drugs as spice, K2, and other synthetic drugs similar in nature to cocaine were found in possession. While there are many defenses to a drug possession—and you and your attorney will decide on one together after your case has been thoroughly evaluated—the element of possession could be a possible avenue for your defense.
Your attorney will want to examine whether or not your rights were violated during the search or investigation phase by law enforcement. The Fourth Amendment requires a warrant in order for officers to search you, your property or your home with certain exceptions. Should your rights have been violated then the seizure of the drugs could be challenged and potentially suppressed. Additionally, in order to prove you were in possession of a controlled substance the state prosecutor must prove you exercised a high level of actual care, custody, control and/or management of the drug. The word “actual” can provide a certain defense in a drug possession case in that the state must prove you intentionally and with full knowledge had a drug in your possession without benefit of a valid prescription for that substance.
Penalty Groups Under Texas Law Being arrested for possession of a Penalty Group-1 (PG-1) controlled substance could lead to very severe punishments and penalties upon conviction. At the other end of the Penalty Groups is Penalty Group-4 which, while less severe, can still bring very serious repercussions. PG-1drugs include opium, morphine, rohypnol, methamphetamine, ketamine and many other derivatives of these drugs. Depending on the amount of the drug found in the possession of the offender, a conviction could result in fines as high as $100,000 and either a state jail felony which brings six months to two years in state jail or, should the offender be convicted of an enhanced first-degree felony, they could spend from ten years to life in prison. Penalty Group-1A includes the drug LSD and carries similar penalties to the PG-1 category.
Penalty Group-2 consists of drugs primarily in the hallucinogenic category such as Ecstasy, PCP, magic mushrooms, mescaline and psilocin while the new Penalty Group-2A category includes synthetic marijuana and “bath salts,” which is essentially synthetic cocaine. There are many more sub-categories of drugs in this Penalty Group and a possession conviction could result in fines from $10,000 to $50,000 (depending on the amount) as well as jail time from six months to two years for an amount less than one gram with increasing prison time as the amount possessed increases. For possession of over 400 grams of a PG-2 or PG-2A drug, the offender could receive from five years to life in prison.
Penalty Group-3 encompasses such controlled substances as Valium, Xanax, Ritalin and Secobarbital, to name just a few. Possession of an amount less than 28 grams of any of these drugs will be charged as a Class A misdemeanor and carries penalties of up to a year in the county jail and fines as high as $4,000. At the other end of the spectrum, being caught with 400 grams of more of any of these Penalty Group 3 controlled substances will result in an enhanced first-degree felony charge which could result in fines of $50,000 and time in a state prison from five years to 99 years.
Penalty Group-4 contains compounds, mixtures or preparations containing limited amounts of narcotic drugs as well as one or more non-narcotic active medicinal ingredient. While these are certainly the mildest level of controlled substances, the penalties for a conviction can nonetheless be very severe. In fact, possession of a PG-4 controlled substance in the amount of 400 grams or more brings the same enhanced first-degree felony punishments as a PG-2 or PG-3 substance—five to 99 years in state prison and fines as high as $50,000. Lesser amounts of these substances can still result in six months to 20 years in jail or prison and fines from $2,000 to $10,000.
While possession of marijuana is in a separate category altogether, it can nonetheless be charged as a felony or misdemeanor, depending on the amount found in possession. Remember that a drug conviction on your record can result in many negative consequences—you may find yourself unable to obtain employment or could lose the job you had, may be unable to receive federal funding to continue your education and might even be unable to rent an apartment or home. Don’t wait to contact a qualified attorney.
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