Being charged with possessing a controlled substance can have a devastating impact on an individual’s future. Depending on the kind of drug, or the amount of it that an individual is accused of having in his or her possession, penalties can range from a few months in jail to a lifetime in prison. If you have been arrested for possession of an illegal substance, it is critical that you contact a qualified drug defense lawyer in San Antonio as soon as possible.
Statutes Regarding Possession of a Controlled Substances
Section 481.115 through 481.118 states that an individual is guilty of possession of a controlled substance if he or she knowingly or intentionally possesses any substance listed in Penalty Groups I through IV without having it legitimately prescribed to them by a licensed medical professional.
Marijuana also referred to as weed, pot, or cannabis, is among the most commonly used drugs in Texas, and although it is not considered a “controlled substance” under Texas law, it is illegal and could lead to charges for illegal drug possession.
In any possession case, the narcotics themselves will be the primary evidence. Your San Antonio drug defense attorney may be able to challenge the search and seizure leading to the arrest, which could lead to evidence being thrown out and your charges dismissed.
Drug Penalty Groups Outlined in the Texas Controlled Substances Act
The Texas Controlled Substances Act classifies drugs based on how dangerous or addictive they are believed to be. The penalties associated with drugs in Texas depend largely upon which Penalty Group the specific drugs falls under.
According to the Texas Health and Safety Code § 481.101 – § 481.105 some of the most commonly used drugs from each penalty group are as follows:
Penalty Group I – Methamphetamines (Meth), Ketamine, Methadone, Marijuana, Cocaine, Codeine, Oxycodone, Methadone, and Opium.
Penalty Group II – Methaqualone, Amphetamine, and Ecstasy.
Penalty Group III – Methylphenidate, Valium, Lysergic Acid Diethylamide (LSD), and Xanax.
Penalty Group IV – Compounds or mixtures that contain limited amounts of narcotics, and one or more active medical ingredients.
Penalties for Possession of Controlled Substances in San Antonio from Penalty Groups I and II
The penalties for possessing illegal substances in Texas depend on the type of substance and the amount of the drug possessed. For Penalty Groups I and II, the penalties and amounts are relatively similar. According to Tex. Health and Safety Code § 481.115 and §481.116, they are as follows:
If an individual possesses less than one gram of a substance from either group, he or she can be charged with a state jail felony, which is punishable by between 180 days to 2 years in jail, and/or a fine of up to $10,000.
If the amount in possession from either group is between one and four grams, the individual can be charged with a third-degree felony, and be ordered to serve between two to 10 years in prison, and/or be ordered to pay up to a $10,000 fine.
In order to be charged with a second-degree felony, an individual must be in possession of four to 200 grams of a substance from Penalty Group I, or four to 400 grams of a substance from Penalty Group II. A second-degree felony carries a potential prison sentence of between two and 20 years in prison, and/or a fine of up to $10,000.
If an individual possesses 200 to 400 grams of a substance for Penalty Group I, he or she can be charged with a first-degree felony and punished by between five and 99 years behind bars, and/or a maximum fine of $10,000.
Possession of 400 or more grams from a substance in the first penalty group can result in 10 to 99 years behind bars, and/or up to a $100,000 fine. While possessing 400 or more grams of a drug in the second penalty group could lead to between five and 99 years in prison, and/or up to a $50,000 fine.
Penalties for Possession of Drugs in Bexar County from Penalty Groups III and IV
If an individual possesses less than 28 grams of a drug from Penalty Group III, he or she can be charged with a Class A misdemeanor and sentenced to up to a year in jail, and/or a fine of up to $4,000. For possessing less than 28 grams of a drug from Penalty Group IV, an individual can be charged with a Class B misdemeanor which carries up to 180 days in jail and/or a $2,000 fine.
If the amount possessed from either group is between 28 grams and 200 grams, the offender faces a Third-degree felony which carries a sentence of two to ten years in prison, and/or up to a $10,000 fine.
For 200 to 400 grams of a drug in either group, an individual can be charged with a second-degree felony. This offense is punishable by up to two to 20 years of imprisonment, and/or a maximum fine of $10,000.
If an individual is charged with possessing 400 grams or more of a substance in Penalty Group III or IV, he or she can be sentenced to between five and 99 years in prison, and/or be ordered to pay up to a $50,000 fine.
Possession of a Controlled Substance Defense Attorney in San Antonio
If you are facing charges for possession of a controlled substance in Bexar County, San Antonio, Boerne, Comfort, Bandera, or any of the surrounding cities or counties in Texas, The Parent Law Firm is prepared to defend you.
Dave Parent is a qualified drug crime defense attorney who represents those accused of felony and misdemeanor controlled substance charges. Dave Parent works with his clients to take very specific steps to build a solid defense and to increase the likelihood of getting the controlled substance charge dismissed or reduced.
Dave Parent is committed to ensuring that the rights of his clients are protected and that his clients are kept fully informed throughout the legal process.
Contact Dave Parent today at 210-819-4111 to schedule a consultation to discuss your legal options. Your initial consultation is free and the sooner you contact us the sooner we can begin preparing your defense.