Caught With A Controlled Substance?
In Texas, possession of a controlled substance can be a criminal offense ranging from a misdemeanor, felony or even a federal charges. As a result, controlled substance charges can result in harsh penalties including jail, fines and probation. However, in many cases, it is possible for a skilled defense attorney to negotiate a better deal or even have the charges dropped. If you have been arrested for possession of a controlled substance, it is crucial to hire an experienced criminal defense attorney before making important decisions regarding your case.
What Constitutes Possession?
Controlled substance charges are often complicated and confusing. Very often, the word possession is misunderstood when dealing with drug charges. Generally, possession means a person must have actual care, custody, or control of an illegal substance. Unfortunately, the concept is used very broadly for drug offenses. In other words, it is not very difficult for an officer to make an arrest for possession of a controlled substance.
Don’t Plead Guilty
Remember, pleading guilty to any criminal offense results in a permanent conviction, which can never be removed from your record. A conviction for Poss CS can affect your life in many ways, even after a case has been resolved.
Was There A Valid Stop?
An officer must have a legal reason for initiating contact.Stay Calm & Be Polite
Just because an officer stops you doesn’t mean you committed a crime. Ask the officer if you are free to leave.
Was The Search Legal?
You have the right to refuse an officer's request to search.Don't Get Tricked!
Without consent, police officers must have a proper legal basis to search a person, vehicle or house.
Was Arrest Legitimate?
An officer must have probable cause to make an arrest.Remain Silent
What you don’t say can’t hurt you.
Penalty Groups / Offense Levels / Punishment Ranges
The Texas Controlled Substances Act categorizes drugs into four different penalty groups. However, it is important to note that marijuana is classified in a separate category of its own. Accordingly, each penalty group has its own offense levels and punishment ranges.
Texas controlled substances laws are particularly strict. However, punishment for possession of a controlled substance varies widely depending on the level of the offense. For example, sentencing depends on several factors such as the type of drug, quantity, how the drug was stored or concealed, possession of paraphernalia like scales, baggies or large amounts of cash and even the location of the offense.
The quantity of the drug involved controls the punishment range for possession of a PG1 controlled substance:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days-2yrs State Jail, fine<$10,000 |
| More than 1 gram, less than 4 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 4 grams, less than 200 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$10,000 |
| 400 grams or more | 1st Degree Felony | 10-99yrs prison, fine<$100,000 |
Similarly, the quantity of the drug involved controls the punishment range for possession of a PG2 controlled substance:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days-2yrs State Jail, fine<$10,000 |
| More than 1 gram, less than 4 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 4 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
However, punishment for possession of a PG3 controlled substance is different than the two groups above.
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A Misdemeanor | Up to 1yr county jail, fine<$4,000 |
| More than 28 grams, less than 200 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
Punishment for possession of a PG4 controlled substance is as follows:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 180 days county jail, fine<$2,000 |
| More than 28 grams, less than 200 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
Drugs commonly found in PG1 are opiates, heroin, cocaine, methamphetamine, GHB, and ketamine. Penalty Group 1-A includes LSD.
Primarily, the quantity or weight of drugs determines the offense level and punishment range for possession of a PG1 controlled substance:
| Weight | Lvl | Punishment |
|---|---|---|
| <1g | SJF | 180d-2yrs, <$10k |
| 1g<4g | F3 | 2-10yrs, <$10k |
| 4g<200g | F2 | 2-20yrs, <$10k |
| 200g<400g | F1 | 5-99yrs, <$10k |
| 400g + | F1 | 10-99yrs, <$100k |
Drugs commonly found in PG2 are PCP, mescaline, MDMA and tetrahydrocannabinols other than marijuana.
Click Here for a full list of PG2 substances.
Click Here for a full list of PG2-A substances.
Similarly, the quantity or weight of the drug determines the punishment range for possession of a PG2 controlled substance:
| Weight | Lvl | Punishment |
|---|---|---|
| <1g | SJF | 180d-2yrs, <$10k |
| 1g<4g | F3 | 2-10yrs, <$10k |
| 4g<400g | F2 | 2-20yrs, <$10k |
| 400g + | F1 | 5-99yrs, <$50k |
Drugs commonly found in PG3 are opioids and opiates not listed in PG1, benzodiazepines, sedatives and anabolic steroids.
Click Here for a full list of PG3 substances.
However, punishment for possession of a PG3 controlled substance is different than the PG1 and PG2:
| Weight | Lvl | Punishment |
|---|---|---|
| <28g | MA | 1yr jail, <$4k |
| 28g<200g | F3 | 2-10yrs, <$10k |
| 200g<400g | F2 | 2-20yrs, <$10k |
| 400g + | F1 | 5-99yrs, <$50k |
PG4 drugs include many types of prescription drugs not included in the first 3 groups.
Click Here for a full list of PG4 substances
Punishment for possession of a PG4 controlled substance is as follows:
| Weight | Lvl | Punishment |
|---|---|---|
| <28g | MB | 180d jail, <$2k |
| 28g<200g | F3 | 2-10yrs, <$10k |
| 200g<400g | F2 | 2-20yrs, <$10k |
| 400g+ | F1 | 5-99yrs, <$50k |
Have you been arrested for possession of a controlled substance?
Call Haddad Law Firm today to speak with a criminal defense lawyer about your case or complete our online form to schedule a free consultation. Our attorneys and staff are experienced in defending all types of drug charges. Remember, a conviction is permanent and cannot be undone!
What Are My Options?
Just because you may have been caught with a controlled substance does not mean that you have to plead guilty to the charges. There are many ways to avoid a conviction for possession of a controlled substance or even have the case dismissed.
What Client’s Say
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Why Choose Our Firm
At Haddad Law Firm, we understand that facing criminal charges can be stressful and overwhelming. More importantly, we recognize that every case is unique and affects different people in different ways. That’s why we take our job of defending clients against criminal charges very seriously. After all, if your case isn’t the same as everyone elses, why should your lawyer be?