Possession of a Controlled Substance in Texas

CONTACT US TODAY AT (512) 359-3300

It is illegal in most circumstances in the State of Texas to be in possession of a controlled substance. A controlled substance is a classified substance that has potential for abuse. Some controlled substances are illegal no matter what, and some are legal only in certain amounts and with a prescription. The Texas Health and Safety Code groups controlled substances into different categories, and the charges and potential consequences are classified accordingly. Consequences range from a misdemeanor to a felony depending on the type of drug and the amount that you possess.

If you, or someone you know, has been charged with possession of a controlled substance, contact our office at (512) 359-3300 today. Jason Trumpler has over 15-years of experience handling criminal cases. He is a former prosecutor, who spent 18 months handling narcotics cases with the Orange County, Calfornia District Attorney's Office. He understands the special complexities involved in dealing with possession of a controlled substance cases. Attorney Jason Trumpler is particularly adept at dealing with search and seizure issues. Jason Trumpler analyzes not only the cases as a whole, but the person who was charged with the crime as a whole. Along with looking at ways to get the charge reduced or dismissed, he also looks at ways to ensure that the person charged with the crime never finds him or herself in a similiar situation. If appropriate, Mr. Trumpler will work with the accuses to find a treatment program to assist wtih any chemical dependency issues. When necessary, and when approrpiate, Jason Trumpler will take your case to trial. He has taken approximately 100 cases to trial before a jury. We can be reached at (512) 359-3300.

Potential Consequences

The potential charge you face depends on the type and amount of the drug you have.

The most severe penalties are associated with the group of drugs that has a high abuse potential with no known medical benefit in the United States. This group is referred to as Penalty Group 1, or PG-1. Examples of drugs in PG-1 include:

  • Heroin
  • Opium extracts, raw opium, powdered opium, opium tinctures, granulated opium.
  • Methamphetamine
  • Ketamine

Penalty Group 2, or PG-2, includes drugs that have a high potential for abuse but have been shown to have some medical merit. Examples of drugs in PG-2 include:

  • Mescaline
  • Psilocybin and psilocybin mushrooms.
  • Ecstasy or MDMA

Penalty Group 3, or PG-3, includes drugs that have less of potential for abuse than PG-1 or PG-2, and have medical merit. Examples of drugs in PG-3 include:

  • Ritalin
  • Less than 300mg of hydrocodone.
  • Xanex

Penalty Group 4, or PG-4, includes drugs that are commonly used in the medical field and have a fairly low potential for abuse. Examples of drugs in PG-4 include:

  • Compound drugs that have trace amounts of codeine or morphine in them. A “compound drug” is a drug that is mixed with another drug.

Penalties for a possession of a controlled substance conviction are dependent on the penalty group the drug falls in, and the amount of the substance you were found with. Penalties can range from a Class B Misdemeanor to a 1st Degree Felony.

Potential consequences are:

Penalty Group 1 (PG-1):

  • Less than 1 gram: State Jail Felony punishable by 6-months – 2-years in prison and a fine of up to $10,000.
  • 1 gram – 3.9 grams: 3rd Degree Felony punishable by 2 – 10-years in prison and a fine of up to $10,000.
  • 4 grams – 199.9 grams: 2nd Degree Felony punishable by 2 – 20 years in prison and a fine of up to $10,000.
  • 200 grams – 399.9 grams: 1st Degree Felony punishable by 5 – 99-years in prison and a fine of up to $10,000.
  • 400 grams or more: Punishable by 10 – 99-years in prison and a fine of up to $100,000.

Penalty Group 2 (PG-2):

  • Less than 1 gram: State Jail Felony punishable by 6-months – 2-years in prison and a fine of up to $10,000.
  • 1 gram – 3.9 grams: 3rd Degree Felony punishable by 2 – 10-years in prison and a fine of up to $10,000.
  • 4 grams – 399.9 grams: 2nd Degree Felony punishable by 2 – 20-years in prison and a fine of up to $10,000.
  • 400 grams or more: Punishable by 5 – 99-years in prison and a fine of up to $50,000.

Penalty Group 3 (PG-3):

  • Less than 28 grams: Class A Misdemeanor punishable by up to 1-year in jail and/or a fine of up to $4,000.
  • 28 grams – 199.9 grams: 3rd Degree Felony punishable by 2 – 10-years in prison and a fine of up to $10,000.
  • 200 grams – 399.9 grams: 2nd Degree Felony punishable by 2 – 20-years in prison and a fine of up to $10,000.
  • 400 grams or more: Punishable by 5 – 99-years in prison and a fine of up to $50,000.

Penalty Group 4 (PG-4):

  • Less than 28 grams: Class B Misdemeanor punishable by up to 6-months in jail and/or a fine of up to $2,000.
  • 28 grams – 199.9 grams: 3rd Degree Felony punishable by 2 – 10-years in prison and a fine of up to $10,000.
  • 200 grams – 399.9 grams: 2nd Degree Felony punishable by 2 – 20-years in prison and a fine of up to $10,000.
  • 400 grams or more: Punishable by 5 – 99-years in prison and a fine of up to $50,000.

Certain penalties may be enhanced under certain circumstances, such as if a child were in the presence of the illegal drugs.

Alternatively, if you can later prove that you were in legal possession of the drugs (such as if you had prescription), the charges may dropped.

Contact Us at (512) 359-3300

A drug conviction on your record can have life-altering consequences. Many employers will not hire an individual with a serious drug conviction on their record. In addition, you may be subject to jail time, fines, and probation. Our goal is to get you the best deal as possible, if not a complete dismissal. If necessary, and appropriate, we will fight your case in front of a jury. Jason Trumpler has 15-years handling criminal matters, and has successfully defended hundreds of individuals in a court at law. He currently practices in Central Texas counties including Travis, Williamson, Hays, Comal, Coryell, Burnet, Bastrop, and Lee. Call us today at (512) 359-3300.

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