In the United States, all states regulate the possession of controlled substances, although each may differ in its definition and penalties. In Texas, we define controlled substances not only by the drugs themselves but also by many of the compounds that go into their production.
Criminal offenses involving the possession of controlled substances will range from misdemeanors to felonies and carry a wide range of penalties. Depending on the circumstances, they can result in state charges, federal charges, or both.
Texas Has Some Of The Most Serious Drug Laws In The Country
If you have been charged with possession of a controlled substance, this means that law enforcement had cause to believe that you had the care, custody, or control over an illegal substance under the Texas Controlled Substances Act.
Texas has some of the most serious drug laws in the United States, and charges can vary depending on the circumstances of the possession, the type of drug, the amount of the drug, and if there was an intention to sell it. While penalties are less severe for personal use, they can be significant if there is proof of intent to distribute.
If you are found guilty of manufacturing or selling a controlled substance, the minimum punishment is 180 days in jail and a fine of $10,000 with maximum penalties of up to $250,000 fines and prison time ranging from 15 years to life. These increase if the arrest took place near a drug-free zone.
Categories Of Controlled Substances In Texas And Their Possible Penalties
Controlled substances in Texas are divided into four groups, with marijuana in its own category. These are
Penalty group 1 – including but not limited to highly addictive drugs such as cocaine, methamphetamine, opium or opiates, heroin, and hallucinogens. Punishments for possession of these drugs begin at two years in jail and fines of $10,000 but can even result in life imprisonment for possession of 400 grams or more.
Penalty group 2 – including but not limited to hashish or other cannabinoids, PCP, and Ecstasy. Punishments for possession of these drugs begin at two years in jail and files of $50,000, with a possible life sentence for possession of 400 grams or more.
Penalty group 3 – including but not limited to opiates and opioids not included in group 1, benzodiazepines and other sedatives, Ritalin, and other prescription medications with the potential for abuse. Penalties for possession begin at a year in jail and fines of up to $4,000, with a possible 20-year prison sentence for the possession of 200 grams or more.
Penalty group 4 – including but not limited to opiates and opioids not included in group 1 or 3 and other compounds and medications with the potential for abuse. Penalties for possession of these are similar to those substances in group 3
State And Federal Possession Charges
While most possession of a controlled substance arrests are made by local or state law enforcement, if you crossed state lines or the arrest was made on federal property, you may be charged with a federal crime, and your case will be heard in federal court. In some cases, state and federal authorities may both be involved in your case.
Getting Legal Guidance
Texas lawmakers have taken a tough stance on drugs, and state law has little tolerance for those charged with drug offenses. No matter which jurisdiction, if you have been accused or charged with possession of a controlled substance offense, you are facing serious penalties and will need strong legal counsel.
Contact the skilled Houston criminal defense attorneys at Vinas & Graham, PLLC, to understand what your legal rights and options are after a controlled substance charge. Call us at (713) 229-9992 or contact us via our online form to schedule a consultation.
For more information about our firm, follow us on our Facebook page.
