Drug Possession Penalties
Houston Drug Possession Attorneys :: The Law Office of Matthew D. Sharp
When people have been charged with drug possession in Texas, it is essential that they seek advice and representation from lawyers who can help them with their drug charges. There are strict punishments in Texas for possessing illegal substances, and it can be quite difficult to handle these cases alone.
What is Considered “Drug Possession”?
Drug possession may be charged as a misdemeanor or a felony. However, what exactly constitutes “drug possession,” and what determines the penalties for these crimes? First, it must be determined that a defendant had full knowledge that drugs were in his possession.
Additionally, there are many factors that determine how defendants will be charged. Such factors include the quantity of drugs involved; how the drugs were concealed; whether or not there was an intent to distribute; past convictions; and whether or not money or paraphernalia were involved.
Typical Penalties for Drug Possession
In the state of Texas, there are five basic groups that drugs are categorized in when determining possession punishments, and they are as follows:
Group I (Recreational or “street” drugs such as heroin, cocaine, hydrocodone and methamphetamine)
- Fines between $10,000 and $100,000
- Six months to two years in jail for less than one gram
- 10 to 99 years in prison for 400 grams or more
Group II (Hallucinogenic drugs such as mescaline, PCP and Ecstasy)
- Fines between $10,000 and $50,000
- Six months to two years in jail for less than one gram
- Five to 99 years in prison for 400 grams or more
Group III (Prescription drugs such as Valium, Xanax and Ritalin)
- Fines between $4,000 and $50,000
- Up to one year in jail for less than 28 grams
- Five to 99 years in prison for 400 grams or more
Group IV (Drugs that contain limited amounts of narcotics)
- Fines between $2,000 and $50,000
- Up to six months in jail for less than 28 grams
- Five to 99 years in prison for 400 grams or more
Marijuana has its own penalty group:
Marijuana
- Fines between $2,000 and $50,000
- Up to six months in jail for two ounces or less
- Five to 99 years in prison for more than 2,000 pounds
Possible Legal Defenses
While it must be proven that defendants knew drugs were in their possession to convict them, this can be difficult. Experienced drug possession lawyers work with their clients and try to reduce the charges–or even get them dropped.
Learn More From a Houston Drug Possession Attorney
It’s not a good idea for a defendant to represent himself in a court of law. This is especially true if the defendant is facing drug possession accusations. To secure the best possible outcome in court, the accused should talk to The Law Office of Matthew D. Sharp about potential legal defenses.
