Charges for Possession can have serious consequences that need the attention of a criminal defense attorney. Not only does the drug type, quantity, and intent factor in, sometimes the location does too (Did you know it is a felony to bring a controlled substance into a jail?).
The Miers Law Firm and Criminal Defense Attorney Mitch Miers have experience in drug possession cases and are ready to guide you and help with you case. Drug offenses (such as Possession of a Controlled Substance) are classified in Chapter 481 of the Texas Health and Safety Code. Numerous factors can determine the type of charge you are facing.
Here is an overview:
Three Factors Determine Offense Level for Drug Possession The main factors are; (1) the type of drug; (2) the amount; and (3) surrounding aggravating circumstances (such as drug-free zone or possession with intent to deliver.)
Penalty Groups Drugs are classified into penalty groups and there is a special group for marijuana. Though this isn’t a complete list, it should give you a good idea… and you can click on the link for a complete list of each penalty group:
Penalty Group 1: Cocaine, Heroine, Methamphetamine, Ketamine, Oxycodone and Hydrocodone (over 300 mg).
Penalty Group 1a: LSD (Lysergic Acid Diethylamide).
Penalty Group 2: Ecstasy, PCP (Phencyclidine), Mescaline, Marinol,
Penalty Group 3: Valium, Xanex, Ritalin, and Hydrocodone (less than 300 mg.)
Penalty Group 4: Dionine (morphine), Motofen, Buprenorphine (an opioid), and Pyrovalerone.
Usable Amount Less than 2 Ounces: Class B Misdemeanor.
Between 2 and 4 Oz.: Class A Misdemeanor.
4 Oz. to 5 pounds: State Jail Felony.
5lbs. to 50 lbs.: 3rd Degree Felony.
50 lbs. to 2,000 lbs.: 2nd Degree Felony.
Over 2,000 lbs.: 1st Degree Felony (Fine not to exceed $50,000)
Penalty Groups 1 & 2
Less than 1 gram: State Jail Felony.
Between 1 and 4 grams: 3rd Degree Felony
Between 4 and 200 grams (4 and 400 grams for Pen. Group 2): 2nd Degree Felony
Over 200 grams on Pen. Group 1 (over 400 grams for Pen. Group 2): 1st Degree Felony
400 grams or more (Pen. Group 1): Enhanced 1st Degree Felony (10 years to 99).
Penalty Group 1A:
Less than 20 units: State jail felony
Between 20 and 80 units: 3rd Degree Felony
Between 80 and 4,000 units: 2nd Degree Felony
4,000 to 8,000 units: 1st Degree Felony
Over 8,000 Units: Enhanced 1st Degree Felony
Penalty Group 3 &4
Less than 28 grams: Class A Misdemeanor.
28 to 200 grams: 3rd Degree Felony
200 grams to 400: 2nd Degree Felony
400 grams or more: 1st Degree Felony.
Aggravating Factors: Aggravating factors can increase the punishment range against you. What is an aggravating factor? Aggravating factors can be possession with intent to distribute or possession in a drug free zone. For example, possession of marijuana of less than 2 ounces in a drug free zone (like a high school football stadium) is a Class A Misdemeanor rather than a Class B misdemeanor.
A conviction for any drug, marijuana, or possession of a controlled substance offense can have disastrous effects on your career, college, high school, and driver’s license. If you are quick to hire a criminal defense attorney, he can possibly find options that can keep an arrest off of your record. Contact Criminal Defense Attorney Mitch Miers if you have been arrested for any possession offense.