Fort Worth residents who are arrested for controlled substance possession or similar charges face some of the harshest drug penalties in the nation. It is vital to speak with a Fort Worth drug lawyer right away if you were charged with a drug-related crime. These are commonly filed as Possession of Controlled Substances cases, but are sometimes also filed as Delivery/Manufacturing of Controlled Substances cases. Our experienced criminal attorneys will help you fight your charges and work tirelessly to achieve a successful outcome.
Texas law separates drugs into various classifications, with enhanced penalties applying to controlled substances deemed more dangerous or prone to abuse. These drug classifications include hallucinogens, stimulants, depressants, and narcotics.
Psilocybin mushrooms and LSD are examples of hallucinogenic drugs, while cocaine, crack, and prescriptions such as Adderall would fall under stimulants. Recreational barbiturates, Valium, and opioids may be considered depressants. Narcotics refer to opioid drugs, including those distributed for prescription and recreational usage.
Drug offenses include possession, manufacturing, or delivery of a controlled substance. According to Texas Penal Code Section 1.07, possession is when someone has custody and control of an illicit substance. Someone who naturally or chemically extracts and produces a drug may be considered a manufacturer. When a person supplies another individual with a controlled substance, they may be charged with drug trafficking or delivery of the substance.
For more information, please reference Texas Penal Code §1.07
Texas law categorizes the penalties for drug possession based on the nature of the substance itself and the quantity possessed. Texas Health & Safety Code §481.102 through §481.105 categorizes each drug.
There are four primary drug penalty groups and one distinct penalty group for marijuana-related charges. These penalty categories and associated punishments are as follows:
For more information, please reference Texas Health & Safety Code §481.102 – §481.105
A person could face fines of up to $10,000 and two years in state jail for possessing less than one gram of controlled substances in Penalty Group 1. On the other end of the spectrum, as much as $100,000 and 10 years to life for possession of 400 grams or more.
Penalties for the possession of a Penalty Group 2 drug also range from 180 days to 2 years in state jail on the low end and 5 years to life on the high end. The maximum fine ranges from $10,000 – $50,000.
An individual could face up to a year of confinement and $4,000 in fines for possessing less than 28 grams of controlled substances in Penalty Group 3. If they possess 400 grams or more, the punishment can escalate to up to life in prison and and a maximum $50,000 fine.
Periods of incarceration can range from 180 days in jail al the way up to life in prison, depending on the amount of drugs. Fines may be as high as $50,000 for possession of Penalty Group 4 drugs.
All drug convictions carry a driver license suspension.
Even very small amounts of marijuana can be prosecuted in Texas. A useable amount under two ounces is a Class B misdemeanor punishable by up to 180 days in jail. Possessing four ounces or more is a felony. Possession of 2,000 pounds or more is a first degree felony punishable by up to life in prison.
Any drug charge should be taken extremely seriously given the harsh penalties that can be imposed. A Fort Worth lawyer will explain the applicable drug laws and help you understand the possible legal ramifications if convicted.
If you or your family member has been charged with a drug offense, you need the skill and experience of a Fort Worth drug lawyer. Our goals are to not only avoid jail time and a conviction, but to also set you up to have your record cleared in the future. Time is of the essence when it comes to building a solid defense against your charges and maximizing your chances of achieving favorable results. Call now for a free consultation.
By: Ray Z.
Rating: ★★★★★5 / 5 stars