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DRUG POSSESSION CHARGES IN TEXAS
Charges for Possession can have serious consequences that need the attention of a criminal or theft 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.
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.)
TYPE OF DRUG
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.
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 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.
CALL US FOR A LEGAL CONSULTATION
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 Fort Worth Criminal Defense Attorneys Andrew Griffin & Mitch Miers if you have been arrested for any possession offense.
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