Houston Possession of a Controlled Substance Lawyer

Houston Possession of a Controlled Substance Attorney

The drug laws in Texas are very strict. The state shares a border with Mexico, and there is strong interest in ensuring drug trafficking and production doesn’t occur in cities like Houston. The execution and prosecution of Texas’s drug laws are equally forceful, with Houston law enforcement making the detection of drug possession and other charges a huge priority.

The statute criminalizing the possession of controlled substances, including narcotics, illegal prescription pills, opioids, and others aren’t found in the Texas Penal Code, as are most criminal offenses defended by Greco Neyland. Rather, Houston’s ability to prosecute drug charges comes from Section 481 of the Texas Health and Safety Code. This set of state laws is called the Texas Controlled Substances Act.

The Texas Health & Safety Code deals with the multiple different categories of controlled substances and the corresponding penalties for possession. Possession of controlled substances will range from Class A misdemeanors to First-degree felonies.

The reason why there is such a wide range of penalties is because there are different levels of crimes based on the possession amount, as well as the drug you are in possession of. Check below the possession of controlled substances chart. This chart lays out the 4 penalty groups (as defined by the Health & Safety Code) and their corresponding punishment ranges based on the amount in possession.

The law for merely possessing a controlled substance is vastly different compared to being charged with manufacturing, delivery, or intent to deliver controlled substance. If you look at this chart, you can also see ranges of punishment for the amounts

Top Houston Possession Of A Controlled Substance Lawyer

Manufacture, delivery, and trafficking are all serious offenses in the Texas Controlled Substances Act, as applied in Houston and Harris County. Sometimes, compared to these other felony charges, possession of a controlled substance is viewed as a lesser offense, similar to DWI or shoplifting.

Yet, all of these criminal charges, including possession in Houston, are serious and require specific legal knowledge of a Houston criminal lawyer to build a defense. In Houston, possession of a controlled substance is defined as:

1. Knowingly or intentionally;

1. Possessing a controlled substance;

1. That is listed on a controlled substance Penalty Group for Texas.

The only exception to the possession of a controlled substance is when it is obtained from a licensed and legal source, such as a pharmacist or physician.

A possession of a controlled substance lawyer in Houston doesn’t just defend cases involving drugs on your person or body, but any time the controlled substance is under your control or authority. This can include:

• Controlled substances in your home;

• When controlled substances are found in your vehicle or boat;

• Having controlled substances in a bag, purse, or backpack; and

• Keeping controlled substances elsewhere on your property or person.

Possession of Controlled Substances Chart

Penalty Groups

The Texas Health & Safety Code categorizes different drugs into what are called, “penalty groups.” Each penalty group consists of a group of drugs similar in compound and chemical make-up to one another.

Common penalty group 1 drugs include, but are not limited to:

• Cocaine
• Heroin
• Meth
• Codeine
• Oxycodone
• Hydrocodone

Common penalty group 1-A drugs include:

• LSD

Common penalty group 2 drugs include, but are not limited to:

• MDMA (Ecstasy)
• PCP

Common penalty group 3 drugs include, but are not limited to:

• Clonazepam
• Lorazepam
• Alprazolam (Xanax)

What Are the Repercussions of a Possession Conviction?

Your defense to possession charges in Houston must similarly be a priority and require a Houston drug defense law firm. The execution and prosecution of Texas’s drug laws are equally forceful, with charges of possession in Houston carrying heavy penalties. The severity of both the charges against you and possible repercussions are primarily based on two factors:

• What Penalty Group the controlled substances fall are in, according to Texas law; and

• How much of the controlled substance is found in your possession?

In Houston and more broadly in Harris County, every illegal controlled substance is categorized based upon the likelihood that drug will cause addiction and its negative impact on society. These categories are called Penalty Groups in Texas. The most serious and harmful drugs fall into Penalty Group 1, while less serious controlled substances are categorized as Penalty Group 3 or 4.

Possession of a controlled substance in Penalty Group 1 is always a felony offense. Depending on the amount in your possession, Penalty Group 1 offenses are charged as:

• A state jail felony for possession of one gram or less;

• A third-degree felony for possession of one to four grams;

• A second-degree felony for possession of four to 200 grams;

• The first-degree felony for possession of 200 grams to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 2 is always a felony offense. Depending the amount in your possession, Penalty Group 2 offenses are charged as:

• A state jail felony for possession of one gram or less;

• A third-degree felony for possession of one to four grams;

• A second-degree felony for possession of four to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 3 can be either a misdemeanor or felony offense. Depending the amount in your possession, Penalty Group 3 offenses are charged as:

• A class A misdemeanor for possession of fewer than 28 grams;

• A third-degree felony for possession of 28 to 200 grams;

• A second-degree felony for possession of 200 to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 4 is either a misdemeanor or felony offense. Depending the amount in your possession, Penalty Group 4 offenses are charged as:

• A class B misdemeanor for possession of fewer than 28 grams;

• A third-degree felony for possession of 28 to 200 grams;

• A second-degree felony for possession of 200 to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Hire a Private Defense Lawyer for Possession Charges

Your defense to any drug charges in Houston begins with contacting a qualified and knowledgeable Houston lawyer. You can’t always count on the public defender assigned by the court to be the best person to take your case, in fact rarely is this true. Public defenders have overbooked dockets and full caseloads that demand their attention in every direction.

Your experience with a Houston or Harris County lawyer at Greco Neyland is certain to be very different. We always give your Houston possession case the time and attention required. We will be there to answer your questions, take your phone calls, and keep you updated on the case. All actions certain to provide make us a better Houston possession of a controlled substance lawyer for your defense.