Houston Drug Possession Attorney

Understanding Drug Possession Charges in Texas

If the police find drugs on your person or property, you could be charged with drug possession, the penalties for which are harsh and numerous. Stiff fines, jail or prison sentences, and a conviction on your record are just some of the penalties that you can face if you are convicted of drug crimes. To protect your rights, it is critical that you seek out an experienced attorney to help you fight these charges.

Drug Possession in Texas

The Texas Controlled Substances Act is incredibly thorough and frequently updated. Under this act, a vast multitude of prescription and illegal drugs are criminally classified into Penalty Groups. There are six penalty groups: 1, 1a, 2, 2a, 3, and 4. Possession of Group 1 drugs is the most serious offense, possession of 1a drugs is a lesser offense, and so on.

The list of substances in each group is extensive. The following is an abridged list of the Penalty Groups and the drugs they contain:

Controlled Substance Penalty Groups in Texas

Penalty Group 1:

• Cocaine
• Heroin
• Methamphetamine
• Ketamine
• Oxycodone & Hydrocodone (over 300 mg)
• Raw opium
• Opium extracts
• Methadone

Penalty Group 1a:

• LSD (Lysergic Acid Diethylamide)*

*And every construable variant or form of it

Penalty Group 2:

• Ecstasy
• PCP (Phencyclidine)
• Mescaline
• Marinol

Penalty Group 2a:

• THC and cannibinol derivatives

Penalty Group 3:

• Valium
• Xanax
• Ritalin
• Clonazepam
• Salvia
• Hydrocodone (less than 300 mg)

Penalty Group 4:

• Morphine
• Motofen
• Buprenorphine (an opioid)
• Pyrovalerone

Penalties for Drug Possession in Texas

The law has different punishments for each penalty group and offense. A person who "knowingly or intentionally" possesses a Penalty Group substance without a valid prescription is punished in accordance with the amount they possessed. The penalties for possession can be quite severe.

Penalty Group 1

• Less than 1 gram: fine up to $10,000, 180 days - 2 years in jail/prison or both
• More than 1 gram and less than 4 grams: fine up to $10,000, 2-10 years in prison, or both
• More than 4 grams and less than 200 grams: fine up to $10,000, 2-20 years in prison, or both
• More than 200 grams and less than 400 grams â€" fine up to $100,000, 5-99 years in prison, or both
• 400 grams or more: fine up to $100,000, 10-99 years in prison, or both

Penalty Group 1-A

Penalty group 1-A concerns only LSD. Penalties vary in accordance with "dosage units:"

• Less than 20 units: fine up to $10,000, 180 days - 2 years in jail/prison or both
• More than 20 units and less than 80 units: fine up to $10,000, 2-10 years in prison, or both
• More than 80 units and less than 4,000 units: fine up to $10,000, 5-20 years in prison, or both
• 4,000 or more units: fine up to $250,000, 15-99 years in prison, or both

Penalty Group 2

• Less than 1 gram: fine up to $10,000, 180 days - 2 years in jail/prison or both
• More than 1 gram and less than 4 grams: fine up to $10,000, 2-10 years in prison, or both
• More than 4 grams and less than 400 grams: fine up to $10,000, 2-20 years in prison, or both
• 400 grams or more: fine up to $50,000, 5-99 years in prison, or both

Penalty Group 3

• Less than 28 grams: fine up to $4,000, at most 1 year in jail, or both
• More than 28 grams and less than 200 grams: fine up to $10,000, 2-10 years in prison, or both
• More than 200 grams and less than 400 grams: fine up to $10,000, 2-20 years in prison, or both
• 400 grams or more: fine up to $50,000, 5-99 years in prison, or both

Penalty Group 4

• Less than 28 grams: fine up to $2,000, at most 180 days in jail, or both
• More than 28 grams and less than 200 grams: fine up to $10,000, 2-10 years in prison, or both
• More than 200 grams and less than 400 grams: fine up to $10,000, 2-20 years in prison, or both
• 400 grams or more: fine up to $50,000, 5-99 years in prison, or both

Additionally, taxes must be paid on illegal drugs, and dealers will be charged with tax evasion. Moreover, your driver's license could be suspended for a maximum of 6 months if you are convicted of drug possession. And, per the Code of Criminal Procedure, the police may seize any property that was "intended for use" in a drug-related felony. This can include a car or home if law enforcement believes they were involved in the commission of a drug felony.

Marijuana Possession in Texas

Marijuana is a controlled substance class all its own in the state of Texas. Possession will warrant at very least a Class B misdemeanor charge depending on quantity. Possession of a very large quantity or intent to sell will result in far more serious charges, however.

• Less than 2 ounces: fine up to $2,000, at most 180 days in jail, or both
• More than 2 ounces and less than 4 ounces: fine up to $4,000, at most 1 year in jail, or both
• More than 4 ounces and less than 5 pounds: fine up to $10,000, 180 days - 2 years in jail, or both
• More than 5 pounds and less than 50 pounds: fine up to $10,000, 2-10 years in prison, or both
• More than 50 pounds and less than 2,000: fine up to $10,000, 2-20 years in prison, or both
• More than 2,000 pounds: fine up to $50,000, 5-99 years in prison, or both

Exemptions For Drug Possession Charges in Texas

Individuals will be exempt from charges of drug possession in the following circumstances:

• Peyote use in the Native American Church
• Denatured sodium pentobarbital use by a Humane Society or animal control agency
• Certain forms of cannabinoids and drug paraphernalia for therapeutic research purposes
• Anabolic steroid use on livestock

Defenses for Drug Possession Charges in Texas

Drug charges carry serious penalties, but there are a variety of potential defenses to these charges. Some of these include:

• Lack of knowledge of possession
• Possessing a drug not intended for human consumption
• The defendant has a valid medical prescription for the drug
• Insufficient quantity of the drug, in accordance with the penalties prescribed in the Texas Controlled Substances Act

Contact Our Harris County Drug Possession Defense Attorney

If you find yourself charged with drug possession in Texas, Doug Murphy will tirelessly fight to uphold your rights in the courtroom. Contact Murphy & McKinney Law Firm, P.C. for a consultation on the specifics of your case as soon as possible. You can reach our office at 713-229-8333 or contact us online.