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Possession in Texas: Understanding the General Provisions

What is the general provision for possession in the Texas penal code

In the Texas Penal Code, the provisions for possession can vary depending on the specific offense and the item being possessed. I’ll provide an overview of some common provisions related to possession in Texas, but please note that this information may not cover all possible scenarios or recent updates to the law. It’s always important to consult the latest version of the Texas Penal Code or seek legal advice for precise and up-to-date information.

Possession of Controlled Substances: Texas law prohibits the possession of controlled substances, such as illegal drugs or prescription medications without a valid prescription. The penalties for drug possession offenses can vary based on the type and amount of the substance, ranging from misdemeanor charges to felony charges with more severe consequences.

Possession of Marijuana: In Texas, the possession of marijuana is generally illegal. However, the state has enacted laws allowing for the medical use of low-THC cannabis products for specific conditions. Possession of small amounts of marijuana for personal use is typically classified as a misdemeanor offense, but larger amounts or subsequent offenses may lead to felony charges.

Possession of Firearms: Texas has specific laws regarding the possession of firearms, including regulations on carrying handguns and long guns. Generally, individuals who meet certain eligibility requirements and have a valid license can possess and carry firearms openly or concealed. However, there are restrictions on possessing firearms for certain individuals, such as convicted felons, individuals subject to protective orders, and those with certain mental health conditions.

Possession of Stolen Property: The Texas Penal Code also addresses the possession of stolen property. It is a crime to knowingly possess stolen property, regardless of whether you were the person who initially stole it. The severity of the offense and the potential penalties depend on the value and nature of the stolen property.

These are just a few examples of possession-related provisions in the Texas Penal Code. It’s important to remember that the law is complex, and specific circumstances may lead to different outcomes. If you require accurate and up-to-date legal information, it’s advisable to consult the most recent version of the Texas Penal Code or seek advice from a qualified attorney.

What are the drugs classification for each penalty group?

In the Texas Penal Code, controlled substances are classified into penalty groups based on their potential for abuse and medical use. Here are the penalty groups and examples of drugs that fall into each group:

Penalty Group 1: This group includes drugs with a high potential for abuse and no accepted medical use. Examples of drugs in Penalty Group 1 include Cocaine, Heroin, Methamphetamine, Oxycodone, Hydrocodone (in certain quantities), Ketamine, MDMA (Ecstasy), GHB (Gamma-Hydroxybutyric acid), and LSD.

Penalty Group 1A: Penalty Group 1A specifically pertains to Lysergic Acid Diethylamide (LSD) in any quantity.

Penalty Group 2: Penalty Group 2 includes drugs with a high potential for abuse but some accepted medical use. Examples of drugs in Penalty Group 2 include Amphetamines (such as Adderall), Methaqualone, Mescaline, Psilocybin (magic mushrooms), and Phencyclidine (PCP).

Penalty Group 3: Penalty Group 3 includes drugs with a moderate potential for abuse and accepted medical use. Examples of drugs in Penalty Group 3 include Anabolic steroids, Xanax (Alprazolam), Valium (Diazepam), Ritalin (Methylphenidate), Codeine (in certain quantities), and Hydrocodone (in certain quantities).

Penalty Group 4: Penalty Group 4 includes drugs with a low potential for abuse and accepted medical use. Examples of drugs in Penalty Group 4 include Buprenorphine (Suboxone), Clonazepam, Lorcet (Hydrocodone and Acetaminophen), Motofen (Difenoxin and Atropine) and Pyrovalerone.

It’s important to note that this is not an exhaustive list, and there may be additional substances classified under each penalty group. The specific drugs listed within each penalty group are subject to change, and new substances may be added as new drugs emerge.

Penalties For Illegal Drug Possession

Penalties for illegal drug possession in Texas can vary depending on the type and amount of the controlled substance involved, as well as any prior convictions. The Texas Penal Code classifies drug possession offenses into different penalty groups, with each group carrying different penalties. Here is a general overview of the penalties for drug possession in Texas:

Penalty Group 1:

Less than 1 gram: State jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.

1 gram to 4 grams: Third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.

4 grams to 200 grams: Second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.

200 grams to 400 grams: First-degree felony, punishable by 5 to 99 years in prison and/or a fine of up to $10,000.

400 grams or more: Enhanced first-degree felony, punishable by 10 to 99 years in prison and/or a fine of up to $100,000.

Penalty Group 1A (LSD):

Less than 20 units: State jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.

20 units or more: Second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.

Penalty Group 2

Less than 1 gram: State jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.

1 gram to 4 grams: Third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.

4 grams to 400 grams: Second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.

400 grams or more: Enhanced first-degree felony, punishable by 5 to 99 years in prison and/or a fine of up to $50,000.

Penalty Group 3 And Penalty Group 4:

Less than 28 grams: Class A misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $4,000.

28 grams to 200 grams: Third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.

200 grams to 400 grams: Second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.

400 grams or more: Enhanced first-degree felony, punishable by 5 to 99 years in prison and/or a fine of up to $50,000.

It’s important to note that these penalties can be enhanced if there are aggravating factors, such as possession in a drug-free zone (e.g., near schools or playgrounds) or previous drug-related convictions. Additionally, the specific circumstances of the case and any applicable legal defenses can also impact the potential penalties. Consulting with a qualified attorney who is familiar with Texas drug laws is crucial to understanding the potential consequences in a particular situation.

Marijuana Possession Penalties

In Texas, the penalties for marijuana possession depend on the amount possessed and whether it is a first offense or subsequent offense. However, it’s important to note that the laws regarding marijuana possession have evolved in recent years, and some local jurisdictions in Texas have implemented decriminalization or reduced enforcement policies for small amounts of marijuana.

Possession Of 2 Ounces Or Less:

First offense is considered a Class B misdemeanor, punishable by up to 180 days in county jail and/or a fine of up to $2,000.

Subsequent offenses are a Class A misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $4,000.

Possession of more than 2 ounces but less than 4 ounces is a Class A misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $4,000.

Possession Of 4 Ounces Or More But Less Than 5 Pounds:

State jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.

Possession Of 5 Pounds Or More But Less Than 50 Pounds:

Third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.

Possession Of 50 Pounds Or More But Less Than 2,000 Pounds:

Second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.

Possession of 2,000 pounds or more:

Enhanced first-degree felony, punishable by 5 to 99 years in prison and/or a fine of up to $50,000.

It’s worth noting that these penalties are for simple possession offenses. Possession with intent to distribute or sell marijuana, as well as other aggravating factors, can lead to more severe penalties. Additionally, local jurisdictions in Texas may have their own specific ordinances and enforcement policies that can impact the consequences of marijuana possession.

As the legal landscape surrounding marijuana continues to evolve, it’s crucial to stay updated on the most recent laws and regulations in your specific jurisdiction within Texas.

Need Help? Call Us Now!

Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. We can explain everything you need to know about your trial and how to defend your case best. We can help you step by step through the criminal process.

Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.

Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.

Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment via Zoom, google meet, email, or an in-person appointment; and we will provide you with as much advice and information as possible so you can have the best possible result in your case.

Call us now at (281) 810-9760.

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