Possession of a Controlled Substance
What is a controlled substance? If I get caught with a control substance what will happen to me? If you have been arrested by a police officer for possession of a controlled substance you need to know what you are in for.
There is a laundry list of controlled substances. These controlled substances are separated into five different Penalty Groups. Depending which control substance you have in possession will determine the punishment the District Attorney will seek.
A quick list of control substances and which penalty group category they fall into is listed below:
- Penalty Group 1: Cocaine, Heroin, Meth, Ketamine, and Oxycodone;
- Penalty Group 1(a): Acid
- Penalty Group 2: Ecstasy, PCP, and Mescaline
- Penalty Group 3: Valium, Xanax, Ritalin, Dexedrine, and Adderall
- Penalty Group 4: Morphine
If you have in your possession a control substance that is classified with Penalty Group 1 then the punishment is severe. If the amount of the control substance that is possessed is less than 1 gram, aggregate weight, then you will get hit with a State Jail Felony. If the amount is between 1 to 4 grams then the punishment is a 3rd degree felony. If the amount is between 4 to 200 grams then a 2nd degree felony. Anything more than 200 grams will be a 1st degree felony.
Simply put, if you are caught with possession with cocaine, heroin, or meth and arrested you need to seek legal aid. The punishment for a State Jail Felony in Texas includes incarceration for no less than 180 days and no more than 2 year, plus a fine that cannot exceed $10,000.00 per Tex. Penal Code § 12.35. A State Jail Felony is still a felony and that will be on your record for the rest of your life. A felony affects potential job opportunities, ability to lease a property, and a multitude of other rights.
Any criminal charge of possession of a controlled substance defined in Penalty Group 1 needs to be taken seriously and a lawyer that has your best interest at heart should be consulted immediately. You need a lawyer that is not afraid to tell the District Attorney or a cop that is overly zealous that “this will not be tolerated”.
Julian Nacol, Criminal Defense Attorney
Nacol Law Firm P.C.