Griffin Miers Attorneys Work to Resolve the Charges Against You in the Best Possible Manner.  We’re Ready to Fight and Take Your Case to Trial.

POSSESSION OF MARIJUANA & CONTROLLED SUBSTANCES –

GRIFFIN MIERS, L.L.P.

Charges for Possession can have serious consequences that need the attention of a criminal defense attorney. Not only does the drug type, quantity, and intent factor in, sometimes the location does too (Did you know it is a felony to bring a controlled substance into a jail?).

Griffin Miers, L.L.P. and Criminal Defense Attorneys Mitch Miers & Andrew Griffin have experience in drug possession cases and are ready to guide you and help with you case. Drug offenses (such as Possession of a Controlled Substance) are classified in Chapter 481 of the Texas Health and Safety Code.  Numerous factors can determine the type of charge you are facing.

Here is an overview:

Three Factors Determine Offense Level for Drug Possession The main factors are; (1) the type of drug; (2) the amount; and (3) surrounding aggravating circumstances (such as drug-free zone or possession with intent to deliver.)

Penalty Groups Drugs are classified into penalty groups and there is a special group for marijuana.  Though this isn’t a complete list, it should give you a good idea… and you can click on the link for a complete list of each penalty group:

Penalty Group 1: Cocaine, Heroine, Methamphetamine, Ketamine, Oxycodone and Hydrocodone (over 300 mg).

Penalty Group 1a: LSD (Lysergic Acid Diethylamide).

Penalty Group 2: Ecstasy, PCP (Phencyclidine), Mescaline, Marinol,

Penalty Group 3: Valium, Xanex, Ritalin, and Hydrocodone (less than 300 mg.)

Penalty Group 4: Dionine (morphine), Motofen, Buprenorphine (an opioid), and Pyrovalerone.

Amounts:

Marijuana

Usable Amount Less than 2 Ounces: Class B Misdemeanor.

Between 2 and 4 Oz.: Class A Misdemeanor.

4 Oz. to 5 pounds: State Jail Felony.

5lbs. to 50 lbs.: 3rd Degree Felony.

50 lbs. to 2,000 lbs.: 2nd Degree Felony.

Over 2,000 lbs.: 1st Degree Felony (Fine not to exceed $50,000)

Penalty Groups 1 & 2

Less than 1 gram:  State Jail Felony.

Between 1 and 4 grams: 3rd Degree Felony

Between 4 and 200 grams (4 and 400 grams for Pen. Group 2): 2nd Degree Felony

Over 200 grams on Pen. Group 1 (over 400 grams for Pen. Group 2):  1st Degree Felony

400 grams or more (Pen. Group 1):  Enhanced 1st Degree Felony (10 years to 99).

Penalty Group 1A:

Less than 20 units: State jail felony

Between 20 and 80 units:  3rd Degree Felony

Between 80 and 4,000 units:  2nd Degree Felony

4,000 to 8,000 units:  1st Degree Felony

Over 8,000 Units:  Enhanced 1st Degree Felony

Penalty Group 3 &4

Less than 28 grams: Class A Misdemeanor.

28 to 200 grams: 3rd Degree Felony

200 grams to 400:  2nd Degree Felony

400 grams or more:  1st Degree Felony.

Aggravating Factors: Aggravating factors can increase the punishment range against you. What is an aggravating factor? Aggravating factors can be possession with intent to distribute or possession in a drug free zone.  For example, possession of marijuana of less than 2 ounces in a drug free zone (like a high school football stadium) is a Class A Misdemeanor rather than a Class B misdemeanor.

 

A conviction for any drug, marijuana, or possession of a controlled substance offense can have disastrous effects on your career, college, high school, and driver’s license.  If you are quick to hire a criminal defense attorney, he can possibly find options that can keep an arrest off of your record.  Contact Criminal Defense Attorneys Andrew Griffin & Mitch Miers if you have been arrested for any possession offense.

Do you need a Criminal Defense Attorney in:

Tarrant County

Dallas County

Denton County