Drug crimes are vigorously prosecuted in Texas. If you’ve been charged with possession of a controlled substance, understanding the penalties you can face is crucial. Please continue reading as we explore what you should know about controlled substances and why connecting with an experienced Dallas Drug Lawyer is in your best interest.
What Is “Possession of a Controlled Substance” Under Texas Law?
Under the Texas Controlled Substances Act – Health & Safety Code Chapter 481, a controlled substance is any substance, including drugs, listed in Schedules I through V or Penalty Groups 1-4. It is important to understand that anything that contains a controlled substance is also included under this definition. You should note that hemp is not considered a controlled substance.
As such, possession is defined as the actual care, custody, control, or management of a controlled substance in accordance with Texas law.
Texas Penalty Groups Explained
It’s imperative to understand that drugs are classified differently based on their risk. As such, Texas used Penalty Groups to classify substances and determine the severity of punishments for those found in possession of these drugs.
Penalty Group 1
Penalty Group 1 contains substances that have no accepted medical use and a high risk of abuse. Examples include:
- Cocaine
- Methamphetamines
- Heroine
Penalty Group 1-A and Penalty Group 1-B
It’s important to understand that there are also two subsections of this first penalty group. Penalty Group 1-A is used exclusively for LSD, which is measured by units as opposed to the traditional weight standard. Penalty Group 1-B is exclusively used for fentanyl due to the highly potent nature of this medically accepted substance.
Penalty Group 2
Substances in this penalty group have a high potential for abuse with limited accepted medical use. Common substances include:
- MDMA (commonly referred to as ecstasy or Molly)
- PCP
- Bath salts
- THC concentrates
Penalty Group 3
Penalty Group 3 contains a number of prescription medications that do pose some risk of abuse, but have many accepted medical uses. This includes:
- Valium
- Xanax
- Ritalin
- Lorazepam
Penalty Group 4
Penalty Group 4 substances contain a small amount of narcotics and pose the lowest risk of abuse. This commonly includes cough syrup.
Penalties for Criminal Possession of a Controlled Substance
The penalties you can face for possession of a controlled substance in Texas will vary based on a number of factors, like the type of substance found in your possession and how much was in your possession at the time.
Generally Penalty Ranges
The penalties in Texas are as follows:
- Class A misdemeanor: Up to 1 year in jail and/or a fine of up to $4,000
- State jail felony: 180 days to 2 years in state jail and/or a fine of up to $10,000
- 3rd-degree felony: 2 to 10 years in prison and/or a fine of up to $10,000
- 2nd-degree felony: 2 to 20 years in prison and/or a fine of up to $10,000
- 1st-degree felony: 5 to 99 years, or life, in prison and/or a fine of up to $10,000
Penalty Group 1: Penalties by Weight
Due to the highly addictive nature and risk of abuse, Penalty Group 1 substances are punished the most harshly. As such, you can find the penalties you will face for possession of a substance in this category, based on weight:
- Less than 1 gram: State jail felony
- 1-4 grams: 3rd-degree felony
- 4-200 grams: 2nd-degree felony
- 200-400 grams: 1st-degree felony
- 400+ grams: Enhanced 1st-degree felony
What To Do if You’re Facing Drug Possession Charges in Dallas
If you’re facing criminal charges for possession of a controlled substance in Dallas, it’s critical to take the necessary steps to best protect yourself.
Remain Calm and Understand Your Right to Remain Silent
When you are placed under arrest, your first instinct may be to explain or defend yourself. However, anything you say can and will be held against you in a court of law. As such, it is in your best interest to invoke your right to remain silent and request an experienced Dallas criminal defense attorney.
Your Rights Against Unlawful Searches
You should also know that you have protections against unreasonable searches and seizures under federal law. As such, the police cannot search your person or property without reasonable suspicion, a signed warrant, or your consent. If the police ask to conduct a search, you should not consent. If law enforcement conducts the search regardless, it can result in illegally obtained evidence. Your attorney can fight to have the evidence gathered in the search suppressed.
Contact a Criminal Defense Attorney Immediately
When arrested, the most important thing you can do is immediately contact an experienced criminal defense attorney. They can help represent you from the moment you are arrested to help you best protect your chances of a favorable outcome.
Defenses to Criminal Possession of a Controlled Substance
If you are facing a possession charge in Texas, it’s imperative to understand your rights and the penalties you can face upon a conviction. Texas is among the most aggressive states on drug crimes. As such, understanding the penalties you can face is vital.
Lack of Knowledge
To be convicted, the prosecution must prove that you knew the substance was in your possession. If you were holding a bag for a friend or driving a rental car, a lack-of-knowledge defense may be viable.
Inadvertent Possession
It’s important to understand that, to be charged, you must have intentionally possessed the substance. If someone leaves their drugs in your car, for example, you may not be convicted, as it was accidental possession.
Valid Prescription or Authorization
If you are authorized to possess the substance by a valid prescription, the charges against you may be dropped. Documentation is critical in these circumstances.
Entrapment
When law enforcement induces you to commit a crime you would otherwise not commit, it can constitute entrapment.
Connect With an Experienced Criminal Defense Attorney Today
As you can see, the penalties for the possession of a controlled substance can be harsh, so it’s in your best interest to contact a determined attorney from Spangler Law. Our firm is prepared to help you determine the best course of action to protect your future. Connect with our team today for a consultation.
