Penalties for Possession of a Controlled Substance

Posted By Law Offices of Jeffrey C. Grass || 24-Feb-2012

Texas is well-known for its strict drug laws and harsh sentences so it’s important that you know where to turn for when you need a criminal defense lawyer in Dallas. The state health and safety code groups drugs into four categories for sentencing purposes. Within each category, penalties vary based on the amount of the drug found in your possession.

Penalty Groups 1, 1A, and 2
Penalty Group 1 includes cocaine, heroin, oxycodone and most other opiates, and methamphetamines. Group 1A is solely LSD. Penalty Group 2 contains PCP, Ecstasy, amphetamines, and mescaline, among others. If you are charged with possession of a drug from Penalty Groups 1, 1A, or 2, the punishments range from a state jail felony, which carries a sentence of between 180 days and two years in prison and a fine up to $10,000, to an enhanced first degree felony, which means at least ten years in jail and a fine up to $10,000.

Penalty Groups 3 and 4
Penalty Groups 3 and 4 are populated mainly by prescription drugs like Valium, Xanax, Ritalin, and morphine. Possession of a drug from Penalty Groups 3 and 4 can lead to penalties ranging from a class A misdemeanor (no more than 180 days in jail and a fine of no greater than $4,000) to a first degree felony (no less than five years in jail and a fine up to $10,000).

Marijuana
Marijuana is not included in the classification of other controlled substances, but its sentencing guidelines are very similar. For possession of a small amount, you could be charged with a state jail felony; possession of a very large amount qualifies as an enhanced first-degree felony and carries a penalty of 5 to 99 years in prison and a fine of up to $10,000.

If you’ve been accused of drug possession, the Law Offices of Jeffrey C. Grass are here to help. We know that innocent people can be charged with drug possession merely because they were in the wrong place at the wrong time. Call us today at to start working with the highly experienced Dallas drug crime attorney, Jeffrey C. Grass.