Possession of Controlled Substances
Possession of Controlled Substances Lawyer
People who commit drug-related offenses often face tough criminal punishments. Possession of a controlled substance does not always result in prison time or hefty fines, however. The type of sentence the accused receives depends on the type of drug and other circumstances, such as intent to sell or distribute. While the prosecution may push for a harsher sentence with evidence of intent to sell, it is extremely hard to prove such evidence beyond a reasonable doubt. This is why it is essential to have an experienced possession of controlled substances lawyer.
Types of Controlled Substances
A variety of drugs and chemicals fall under controlled substances. These include, but are not limited to prescription pills, narcotics, stimulants and natural substances. Possession of a controlled substance is covered under sections 481.115 through 481.118 of the Texas Health and Safety Code.
Penalties for Possession
There are actually four different types of penalty groups for controlled substances in the Texas Health and Safety Code. Penalties are assigned based on what type of drug the defendant had in his or her possession:
- Penalty Group 1: Offenders were found with heroin, methamphetamine, hydrocodone, cocaine or codeine.
- Penalty Group 2: This group covers possession of Ecstasy, hallucinogens and psilocybin (magic mushrooms).
- Penalty Group 3: Drugs in this group include Valium, LSD, Xanax and other narcotics.
- Penalty Group 4: This group covers all substances that have a combination of narcotics and active non-narcotic medical ingredients.
Punishments for each of these groups are listed under Texas Health and Safety Code 481.115. The degree of the penalty goes up with the amount and type of drugs found. For example, a third-degree felony possession charge includes one to four grams of drugs, resulting in up to 10 years in prison and a fine up to $10,000.
The steepest amount you can be fined is $100,000 for possessing over 400 grams of a substance, which also comes with a prison sentence of 10 to 99 years.
Talk to a Controlled Substances Lawyer
It’s important to realize that there are always mitigating circumstances in controlled substances cases. The prosecution must prove beyond a reasonable doubt that you were at fault. Brett A. Podolsky is a Houston controlled substances attorney who can help you get your charges dropped or lessened. One of the many reasons that offenders go to jail is because they didn’t have knowledgeable legal counsel to help them.
If you need legal help, reach out to Brett A. Podolsky at 713-227-0087.