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Houston Drug Possession Defense Attorneys

Drug Possession Defense Attorneys in Houston, TX

The U.S government first introduced the regulation of controlled substances through the Controlled Substances Act (CSA) of 1970. Since then, there have been various amendments as attitudes towards certain drugs have changed over the years. The CSA states that the government directs the manufacturing, importing, possession, and distribution of controlled substances inside the United States. Texas works with the DEA as far as the kind of substances that need control, however, the state of Texas has its regulations and penalties for each controlled substance offense. If you find yourself in hot water with possession of controlled substances, you need to seek legal counsel as soon as possible as there can be severe consequences. At The Gonzalez Law Group, PLLC, we are determined to fight for you and your rights if we take your case. We value communication and will never leave you in the dark. Contact us at (832) 530-4070 for a free consultation or fill out our blank for at the bottom for more information.


Overview of Possession of a Controlled Substance


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Possession of a Controlled Substance Offense

The classification of drugs has been implemented by the Drug Enforcement Administration (DEA) and is separated into different schedules (I-V); however, the state of Texas has its categorization of potentially harmful drugs categorized in the following penalty groups as mentioned by Texas Health and Safety Code § 481.102:

Penalty Group 1— Opiates; Opium; cocaine; heroin; Methamphetamine (meth); flunitrazepam (rohypnol); phenylacetone & methylamine; PCP; GHB; Ketamine

Penalty Group 1A — LSD

Penalty Group 2 — Hallucinogenic substances including THC, MDMA, and BZP; Phenylacetone; depressant or stimulant chemical compounds; 2-aminopropanal compounds

Penalty Group 2A — Synthetic chemical compounds mirroring the effects of cannabinoids

Penalty Group 3 —Compound stimulants; chemical compound depressants; Nalorphine; a limited amount of compound narcotics; other compound substances; peyote; dextropropoxyphene; anabolic steroids

Penalty Group 4 —Limited amount of narcotic compound including those containing medicinal ingredients that are not narcotics; buprenorphine or butorphanol compounds; pyrovalerone compounds

Even though marijuana remains a Schedule I drug, its regulation has changed over time, and it’s not specified inside the penalty groups aside from cannabinoids. However, possession of marijuana has its own rules and offenses.


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Possession of Controlled Substance Penalties

Each drug’s penalty is dependent on the penalty group and the amount of ownership.

Texas Health and Safety Code § 481.115 to § 481.118

 

< 1 gram 1 to 4 grams 4 to 200 grams 200 to 400 grams >400 grams
Penalty Group 1 State Jail Felony 3rd Degree Felony 2nd Degree Felony 1st Degree Felony
180 days to 2 years 2 to 10 years 2 to 20 years Life; 5 to 99 years Life; 10 to 99 years
Up to $10,000

 

Up to $10,000

 

Up to $10,000

 

Up to $10,000

 

Up to $100,000

 

 

  <20 units 20 to 80 units 80 to 4,000 units 4,000 to 8,000 units >8,000 units
Penalty Group 1A State Jail Felony  3rd Degree Felony 2nd Degree Felony 1st Degree Felony
180 days to 2 years 2 to 10 years 2 to 20 years Life; 5 to 99 years Life; 15 to 99 years
Up to $10,000 Up to $10,000 Up to $10,000 Up to $10,000 Up to $250,000

 

  <1 gram 1 to 4 grams 4 to 400 grams >400 grams
Penalty Group 2 State Jail Felony 3rd Degree Felony 2nd Degree Felony
180 days to 2 years 2 to 10 years 2 to 20 years Life; 5-99 years
Up to $10,000 Up to $10,000 Up to $10,000 Up to $50,000

 

  <2oz 2 to 4 oz 4 oz to 5 lbs. 5 to 50 lbs. 50 to 2,000 lbs. >2,000 lbs.
Penalty Group 2A Class B Misdemeanor Class A Misdemeanor State Jail Felony 3rd Degree Felony 2nd Degree Felony
Up to 180 days; or 1 year; or 180 days to 2 years 2 to 10 years 2 to 20 years Life; 5-99 years
Up to $2,000 Up to $4,000 Up to $10,000 Up to $10,000 Up to $10,000 Up to $50,000

 

  <28 grams        28 to 200 grams 200 to 400 grams >400 grams
Penalty Group 3 Class A Misdemeanor 3rdDegree Felony 2ndDegree Felony
Up to 1 year 2-10 years 2-20 years Life; 5-99 years
Up to $4,000 Up to $10,000 Up to $10,000 Up to $50,000

 

  <28 grams     28 to 200 grams 200 to 400 grams >400 grams
Penalty Group 4 Class B Misdemeanor 3rdDegree Felony 2ndDegree Felony
Up to 180 days 2-10 years 2-20 years Life; 5-99 years
Up to $2,000 Up to $10,000 Up to $10,000 Up to $50,000

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Additional Resources

Texas Drug Statutes — The following page is a synthesized version of the Texas law penalty group for controlled substances and its offenses. The page also includes other situations in which the offense can be more significant and the punishment for substantial.

Texas Health and Human Services Page – The following webpage is the Texas Health and Human Services page, which lists the different schedules for drugs, and the various amendments taking place involving those drugs. You can search further into the page for more information involving controlled substances in the state.


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Attorney for Possession of a Controlled Substance in Houston, TX

If you think you might be charged with possession of a controlled substance, make sure to seek criminal defense help as soon as possible. Any possession of controlled substances can result in severe consequences, including fines and jail time. Our legal team at The Gonzalez Law Group, PLLC is invested in criminal defense cases like yours. We know that getting charged with a drug crime can be scary, but at our firm, we’ll make the process easier and smoother for you.

Communication with our clients is vital to us, so if you come in for a consultation, we’ll make sure to analyze your case and give you the next steps to the process. Contact our office at (832) 530-4070 for a free consultation with no strings attached or fill out our blank form at the bottom. The Gonzalez Law Group, PLLC works with clients from areas of Houston, Katy, Spring, Galveston, Friendswood, La Porte, Missouri City, Sugar Land, Pearland, Cypress, Deer Park, Baytown, Kingwood, Conroe, League City, Pasadena, Humble, Jacinto City, Bellaire, Freeport, Richmond, Aldine, Fresno, Tomball, and more.