At Morales & Sparks, we work with clients charged with intent to sell controlled substances in Georgetown, Texas, as well as other drug-related charges in cities throughout Central Texas. Our team of experienced, knowledgeable attorneys treat you with respect while pursuing your best interests in the legal system. We believe in you, and we fight for you during this challenging time.
What Is Possession of a Controlled Substance?
What is a controlled substance in Texas under the law? A controlled substance is any drug of abuse that is not marijuana. To provide order in punishment, the law divides controlled substances into groups:
- 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
Each group includes its own guidelines for recommended incarceration and fines. These recommendations are based on the amount in possession.
Penalties for Possession
The ranges of penalties for different groups are included in brief below. It’s important to remember that many counties in Texas include diversion programs that provide treatment and lesser penalties to offenders to help them put drug charges in the past and move on. A compelling defense can help you take advantage of a diversion program and avoid common penalties, which include:
- Group 1: Possession of less than one gram is a state jail felony carrying a sentence of up to two years and not less than 180 days, plus a fine of up to $10,000. Possession can also result in a third-degree felony for between one and four grams, a second-degree felony for between four and 200 grams and a first-degree felony for 200 grams or more. Each includes increasingly harsher penalties.
- Group 2: Possession of less than one gram is punishable by a jail sentence of up to two years and a fine of up to $10,000. The increasing penalties are a third-degree felony for between one and four grams, a second-degree felony for between four and 400 grams and a first-degree felony for more than 400 grams.
- Group 3: Possession of less than 28 grams is a Class A misdemeanor. Between 28 and 200 grams is a third-degree felony, between 200 and 400 grams a second-degree felony, and more than 400 grams is a first-degree felony punishable by life in prison or a term between five and 99 years.
- Group 4: Possession of less than 28 grams is a Class B misdemeanor. Between 28 and 200 grams is a third-degree felony, between 200 and 400 grams is a second-degree felony, and more than 400 grams is a first-degree felony punishable by life in prison or a term between five and 99 years.
Is Transporting and Distributing Different?
Transporting and distributing controlled substances in Texas are considered drug trafficking under the Texas Controlled Substances Act. The law considers them a felony.
As with most drug-related charges, the penalty is typically based on the amount of a controlled substance being trafficked. Sentences range from 180 days to 99 years’ incarceration and fines between $10,000 and $250,000. Many times a charge of drug trafficking can be bargained down to a lesser penalty if the defendant can provide information related to an investigation that is a higher priority.
Where You’re Treated Like Family
At Morales & Sparks, we believe in you. No matter your past and your charges, we provide a passionate defense that seeks the best outcome possible. We are the possession of controlled substances in Texas defense attorney who treats you like family.
Contact us today if you need a heroin drug charges defense lawyer in Texas or for charges related to other controlled substances.Honest Client Reviews Contact Us Today