Those entering the legal system deserve an advocate, a representative who will help them navigate complexities and provide an effective defense — always looking out for their best interests. If you’re facing penalties for drug charges in Georgetown, Round Rock, or Austin, Texas, Morales & Sparks can be your dedicated advocate. We can serve as your Texas criminal defense attorney for intent to sell or other drug-related charges.
What Is the Punishment for Possession of Marijuana?
The most significant determining factor in a possession of marijuana case is the amount. Texas law provides sentencing ranges based on the amount of marijuana found on an individual, with fines and incarceration to fall within those ranges.
When considering marijuana, four ounces is the dividing line between a misdemeanor and a felony. Individuals in possession of less than two ounces of marijuana can receive a fine up to $2,000 and up to 180 days incarceration.
If found in possession of between two and four ounces of marijuana, the penalty maximums double to up to a $4,000 fine and up to a year of incarceration. Beyond four ounces, possession of marijuana becomes a penalty subject to mandatory minimum of 180 days incarceration. The mandatory minimum continues to climb the more marijuana you have, and incarceration is coupled with the possibility of a fine.
How Is Possession of a Controlled Substance Different?
It’s important to understand that marijuana possession differs from possession of a controlled substance in Texas. The penalties associated with controlled substances are largely stiffer for controlled substances, which are divided into specific groups. Those groups are:
- Group 1: Cocaine, heroin, oxycodone, methamphetamine, GHB, ketamine, hydrocodone
- Group 1A: LSD
- Group 2: PCP, Ecstasy, MMDA/Molly, mescaline, any Cannabis extractives that are not marijuana
- Group 3: Xanax, Valium, Ritalin
- Group 4: Any compound that contains Motofen, Dionine, Buprenorphine or Pyrovalerone
Classification as a felony or misdemeanor depends on the group number of the controlled substance in possession, as well as the amount of the controlled substance in possession. For example, possession of between one and four grams of a controlled substance in Group 1 is a third-degree felony punishable by two to 10 years incarceration and a fine not to exceed $10,000. The penalties vary through each group depending on the amount range. It’s also important to remember that many found in possession of controlled substances do not serve time — especially in cases of first-time offenders in possession of small amounts.
What About Drug Paraphernalia?
Drug paraphernalia includes items used for the processing, packaging and consumption of drugs, such as pipes, bongs, envelopes, bags, bowls, scales, spoons and other equipment. What’s known as simple possession of drug paraphernalia is a Class C misdemeanor that can carry a fine up to $500. The intent to distribute or sell drug paraphernalia is a Class A misdemeanor that is punishable by up to a year in jail. Sale to someone under 18 and second offenses result in mandatory jail time.
Why Choose Morales & Sparks?
At Morales & Sparks, we believe in you. Even if you are guilty of drug charges, we believe in your ability to learn from this situation and make changes in the future. This belief helps us provide compassionate and effective defense that can lead to the best outcome for your situation.
Contact us for the strong defense that may help you avoid jail time for drug charges in Round Rock, Georgetown and Austin, Texas.Honest Client Reviews Contact Us Today