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Houston Possession of Controlled Substance Lawyer

Possession of Controlled Substance Defense in Texas

If you have been charged with Possession of Controlled Substance, it is best to contact an experienced criminal drug defense lawyer as soon as possible. As a criminal drug defense lawyer I have more than 17 years of experience, and I have handled thousands of drug cases. Please email me or call 713-880-1118 to schedule a free initial consultation.

Possession of Controlled Substance Penalties in Texas

A violation of the Texas Controlled Substances Act for simple Possession of a Controlled Substances (PCS) such as Cocaine, Ecstasy, Methamphetamine, is punishable by 1 day in the County Jail up to 99 years in Prison, or Life in Prison with the possibility of Parole, and/or from $1.00 up to $250,000.00 in fines. This wide range of punishment is based on the type of controlled substance which determines the Penalty Group, and the weight of the controlled substance found in your possession or in some instances the number of units of the controlled substance.

How much time can I get for my possession charge? To use the three tables that follow: First, determine your Penalty Group (PG). You are either a PG-1, PG-1-A, PG-2, PG-2-A, PG-3, or PG-4. Second, use your PG and the weight of the Controlled Substance, or the units of Controlled Substance to find the Class of Misdemeanor, or Degree of Felony for your Drug Charge. Third, find your Class of Misdemeanor, or Degree of Felony. This will tell you the maximum fine amount, and the minimum and maximum amount of jail time or prison time for your possession charge. Example: You arrested for possession of cocaine weighing 0.5 grams, which is equal to about half a packet of sugar. In the first table you will find that cocaine is a PG-1 Controlled Substance. In the second table you find that less then 1 gram of cocaine equals a State Jail Felony. In the third table will find that the punishment for a State Jail Felony is a maximum fine of $10,000.00 and/or 6 months to 2 years in the State Jail.

Controlled Substance by Penalty Group (PG)

Generic or Chemical Name

Brand or Common Name

Penalty Group (PG)

Statute

Ketamine

Special K

PG-1

481.102(10)

GHB

G

PG-1

481.102(9)

Methamphetamine

Crystal Meth

PG-1

481.102(6)

Cocaine Base

Crack

PG-1

481.102(3)(D)

Cocaine

Coke

PG-1

481.102(3)(D)

Oxycodone

Oxycontin

PG-1

481.102(3)(A)

Hydrocodone

Vicodin

PG-1

481.102(3)(A)

Codeine

Codeine

PG-1

481.102(3)(A)

LSD

Acid

PG-1-A

481.1021

MDMA

Ecstasy

PG-2

481.103(a)(1)

MDPV

Bath Salts

PG-2

481.103(a)(4)(B)

Dextroamphetamine

Adderall

PG-2

481.103(a)(3)

Psilocybin

Mushrooms

PG-2

481.103(a)(1)

Mescaline

Mescaline

PG-2

481.103(a)(1)

Synthetic Marijuana

Spice

PG-2-A

481.1031

Peyote

Peyote

PG-3

481.104(a)(6)

Hydrocodone <15mg/dose

Vicodin

PG-3

481.104(a)(4)

Codeine <90mg/dose

Codeine

PG-3

481.104(a)(4)

Alprazolam

Xanax

PG-3

481.104(a)(2)

Diazepam

Valium

PG-3

481.104(a)(2)

Methylphenidate

Ritalin

PG-3

481.104(a)(1)

Testosterone

Steroids

PG-3

481.104(a)(9)

Human Growth Hormone

HGH

PG-3

481.104(a)(9)

Class/Degree of Drug Charge by Weight or Units of Controlled Substance for PG

Statute

PG

Class B

Class A

State Jail

3rd Degree

2nd Degree

1st Degree

1st Degree +

481.115

1

< 1g

1g < 4g

4g < 200g

200g < 400g

400g +

481.1151

1-A

< 20 units

20 < 80

80 < 4000

4000 < 8000

8000 units +

481.116

2

< 1g

1g < 4g

4g < 4000

400g +

481.1161

2-A

< 2oz

2oz < 4oz

4oz < 5lbs

5lbs < 50lbs

50lbs < 2000lbs

2000lbs +

481.117

3

< 28g

28g < 200g

200g < 400g

400g +

481.118

4

< 28g

28g < 200g

200g < 400g

400g +

Standard Punishment Range by Class and Degree of Drug Charge

Classification

Fine

Jail/Prison Time

Capital Felony

None

Life without Parole, or Death

First Degree Felony Plus

$50k - $250k

5-15 years to 99 years, or Life with Parole

First Degree Felony

$10,000.00

5 years to 99 years, or Life with Parole

Second Degree Felony

$10,000.00

2 years to 20 years

Third Degree Felony

$10,000.00

2 years to 10 years

State Jail Felony

$10,000.00

180 days to 2 years

Class A Misdemeanor

$4,000.00

1 day to 1 year

Class B Misdemeanor

$2,000.00

1 day to 180 days

Class C Misdemeanor

$500.00

None

Other significant consequences to a conviction for Possession of Controlled Substances (PCS) are:

  • the suspension of your Driver's License, and
  • becoming ineligible to receive Student Loans and Grants.

In Texas, even a trace amount of certain Controlled Substances such as Cocaine, Ecstasy, Methamphetamine can be enough for a felony drug conviction. When the best possible outcome matters, contact the Houston, Texas, Law Office of Mark A. Morasch today for a free initial consultation.

Experience Matters: I Can Help You Explore Every Legal Option

I have been defending people arrested in Texas for Possession of Controlled Substance since 2003, and for the six years preceding 2003, I prosecuted felony drug cases for the state of Missouri. I understand what is at stake in a felony drug case, and I know what a felony conviction can do to your ability to live a normal life. It is best to to talk to an experienced possession of controlled substance lawyer who can prevent you from being convicted and keep you out of jail.

Get the Help You Need 24/7 from a Houston Felony Drug Attorney

If you are charged with a felony drug case, call 713-468-9333 (713-got-Weed) or e-mail my office to discuss your drug charge. I offer payment plans, and accept Visa, MasterCard, and Discover. Program my number into your cell phone now, because you never know when you'll need help.

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Mark Morasch, Attorney at Law - Houston Drug Crime Attorney
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