Collin County Drug Lawyer | Possession Of A Controlled Substance

Drug offenses in Collin County (and throughout Texas) vary in degree by the nature and amount of the substance possessed. Surprisingly, you can be charged with possession even if the drugs were not on your person or even near you as long as the prosecutor can make a colorable argument that the drugs were in your “care, custody, or control.” Still, not every drug allegation or arrest should or could result in a conviction. In fact, the goal of every Collin County drug lawyer at our firm on every drug case is three-fold. First, avoid time in custody. Second, avoid a conviction. Third, resolve the case in a manner that does not leave a permanent blemish on a person’s record.

Consequences of Drug Possession in Collin County

In the eyes of the law, not all drugs are treated equally in Texas. When a person is arrested on a drug charge in Collin County, the type of drug and the quantity is going to play a vital role in the prosecution and potential punishment. Possessing cocaine or heroin, for example, is treated much more harshly than, say, a vape pen or having valium without a prescription.

In this article, we are going to take look at the various penalty groups in Texas, potential punishment ranges for drug charges, and possible defense strategies. Before we get to that, please take a moment to watch this informative video by Benson Varghese, a Collin County drug lawyer who is also Board Certified in Criminal Law, the highest designation an attorney can reach.

Hear from a Collin County Drug Lawyer

What is constitutes possession of a controlled substance in Texas?

In Texas, a person commits the offense of possession of a controlled substance if he or she intentionally or knowingly has “care, custody, control or management” of a controlled substance listed in Texas’ drug penalty groups without a valid prescription.

What is joint possession of drugs?

When there is more than one person in possession of an illicit substance, it is referred to as “joint possession.” For example, if police stop a vehicle with three occupants and find a baggie of cocaine on the floor, all three people could potentially be charged with possession of a controlled substance (cocaine.) Conversely, if just one person possesses contraband, it is referred to as “exclusive possession.” An example of exclusive possession would be a baggie of cocaine found in an individual’s purse or pocket.

What are the drug penalty groups in Texas?

In Texas, controlled substances are classified into penalty groups, according to the Texas Controlled Substances Act. Penalty Group 1 is the most heavily controlled group, as the drugs have no medical use and a high potential for abuse. Possession, manufacture, or delivery of Penalty 1 drugs carries the most severe punishment. Meanwhile, drugs in Penalty Group 3 and Penalty Group 4 have common medical use and a limited chance of abuse. Therefore, they are punished less harshly. Here’s the breakdown:

Penalty Group 1: PG1 drugs have no valid medical use and are the most addictive and dangerous. They include cocaine, crack, heroin, methamphetamine, and GHB.
Penalty Group 1-A: The only substance in PG1-A is acid, also known as LSD. It is not classified with other drugs because it is sold on the street by dose, while most other narcotics are sold by weight.
Penalty Group 2: PG2 drugs are slightly less dangerous than PG1 drugs and include most hallucinogens, such as ecstasy, bath salts, PCP, and THC Oil, Wax and Dabs.
Penalty Group 2-A: Drugs in PG2-1 are synthetic cannabinoids, including spice and K2.
Penalty Group 3: Most drugs in PG3 are prescription drugs (without a valid prescription), including Valium, Xanax, Clonazepam, Hydrocodone, Human Growth Hormone, testosterone.
Penalty Group 4: Drugs in PG4 include opioids and opiates not listed in other penalty groups and include opium, codeine, dihydrocodeine, and ethylmorphine.

What are the potential punishment ranges for the penalty groups in Texas?

The penalty ranges for drug crimes are based on the type of drug – what penalty group they are classified under – and the quantity.

Penalty Group 1: The punishment for a PG1 substance ranges from a state jail felony to a first- degree enhanced felony. For example:

Possessing less than one gram of PG1 substance, such as methamphetamine, is a state jail felony punishable by up to 180 days in a state jail facility and a maximum $10,000 fine.
Possessing more than 400 grams of a PG1 substance is an enhanced first-degree felony punishable by 10 years to up to life in prison and a maximum $100,000 fine.

Penalty Group 1-A: The punishment for PG1A, which is Acid-LSD, ranges from a state jail felony to a first-degree enhanced felony. For example:

Possessing fewer than 20 units or doses of LSD is a state jail felony, punishable by up to 180 days in a state jail facility and a maximum $10,000 fine.
Possessing more than 8,000 units or doses is an enhanced first-degree felony punishable by 15 years to up to life in prison and a maximum $250,000 fine.

Penalty Group 1-B: The punishment for PG1B, which is fentanyl, ranges from a third-degree felony to a first-degree enhanced felony. For example:

Possessing under 1 gram of fentanyl is a third degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine.
Possessing more than 400 grams of fentanyl is an enhanced first-degree felony, punishable by 20 year to up to life in prison and a maximum $500,000 fine.

Penalty Group 2: The punishment for PG2 substances ranges from a state jail felony to an enhanced first-degree felony. For example:

Possessing less than one gram of ecstasy is a state jail felony, punishable by 180 days to two years in a state jail facility and a maximum $10,000 fine.
Possessing more than 400 grams of ecstasy is an enhanced first-degree felony punishable by 5 years to up to life in prison and a maximum $50,000 fine.

Penalty Group 2A: The punishment for PG2A substances ranges from a Class B misdemeanor to an enhanced first degree felony. For example:

Possessing less than two ounces of Spice is a Class B misdemeanor punishable by 0 to 180 days in the county jail and a maximum $2000 fine.
Possessing more than 2000 pound of Spice is an enhanced first-degree felony punishable by 5 years to lie in prison and a maximum $50,000 fine.

Penalty Group 3: The punishment for PG3 ranges from a Class A misdemeanor to an enhanced first degree felony. For example:

Possessing less than 28 grams of valium without a prescription is a Class A misdemeanor, punishable by up to a year in county jail and a maximum $4000 fine.
Possessing more than 400 grams of valium is an enhanced first-degree felony punishable by 5 years to life in prison and a maximum $50,000 fine.

Penalty Group 4: The punishment for PG4 ranges from a Class b misdemeanor to an enhanced first degree felony. For example:

Possessing less than 28 grams of opium is a Class B misdemeanor punishable by up to 180 days in county jail and a maximum $2000 fine.
Possessing more than 400 grams of opium is an enhanced first-degree felony punishable by 5 years to life in prison and a maximum $50,000 fine.

Marijuana Penalty Group
Marijuana is still illegal in Texas and, in plant form, is in its own penalty group. Depending on the weight, you could face a misdemeanor or a felony. Anything less than four ounces is a misdemeanor, while more than four ounces is a felony offense. It’s important to reiterate that THC derivatives of marijuana, referred to as oils or wax, is classified in Penalty Group 2 and are considered a felony.

What are some other consequences of a felony drug conviction in Texas?

People with a drug conviction could face a myriad of collateral consequences, including loss of employment, difficulty finding housing, problems obtaining a loan, and possible issues with child custody or visitation. Additionally, if you are convicted of a felony, you lose your right to vote in Texas and are not permitted to possess or purchase a firearm. That’s why it’s so imperative to have an aggressive, skilled attorney in your corner to fight your case in an effort to get it dismissed, reduced to a misdemeanor, or potentially no-billed by a grand jury. If your case is resolved in one of these manners, it’s possible to petition the court to have your records expunged or non-disclosed.

Will I lose my license if I’m convicted of a drug charge in Collin County?

Yes, many people are surprised to learn that their license will be suspended for 180 days if they are convicted of any drug crime. You also must complete a 15-hour Drug Education Program before it will be reinstated.

Winning defense strategies: How can I beat my Collin County drug charges?

Depending on the facts and circumstances of your case, there are a number of winning defense strategies that can be developed and pursued by an experienced Collin County drug lawyer. Rest assured, our team will leave no stone unturned in finding and implementing the best defense for you. Some possible defense strategies include but are not limited to:

Unlawful search and seizure
Lack of probable cause
Entrapment by law enforcement
Legal possession/prescription
Failure to establish affirmative links to contraband
Chain of custody
Improper testing
Insufficient quantity/evidence
Inadmissable evidence
Witness impeachment
Disputing expert testimony
Failure by prosecution to prove elements
Police misconduct

Again, these are just some potential defense strategies. Each case has its own unique fact and circumstances and our team of skilled attorneys will work every angle possible to produce the most favorable outcome possible to preserve your rights and freedom.

Ready to fight your case? Speak to a top Collin County drug lawyer today

The sooner you contact us, the sooner we can get to work building your defense. Our team is made up of 10 criminal attorneys who have more than 100 years of combined experience and over 550 just trials. We have built a reputation for aggressive, unwavering defense. All of our senior attorneys were former prosecutors, so we know the playbook. When we line up against the prosecution, they know we are going to bring our A-game every time. Call (214) 903-4000 today for a free, no-obligation consultation with an experienced Collin County drug lawyer.