Legally, drug trafficking defines the intentional manufacture or possession with the intent to deliver or manufacture a controlled substance.
Texas categorizes controlled substances into distinct penalty groups, each carrying its own set of consequences.
- Penalty Group I comprises substances like opiates, Cocaine, and Methamphetamine, all deemed highly regulated and subject to stringent penalties.
- Penalty Group IA reserves a category for LSD, an illicit substance that falls under its own category due to its unique nature and hazards.
- Penalty Group II encompasses hallucinogens other than LSD, adding an additional layer of control to their possession and distribution.
- Penalty Group III involves substances such as barbituric acid and pentobarbital, both requiring careful handling and subject to legal consequences.
- Penalty Group IV encompasses narcotics, further emphasizing the state’s commitment to combating drug-related offenses.
Marijuana occupies its own penalty group in the State of Texas, indicative of the distinctive legal considerations surrounding its possession and sale.
Types of Drug Possession Charges
- Possessing 1 gram of a Penalty Group I drug constitutes a State Felony charge. If convicted, individuals may face 180 days to 2 years in a state jail, in addition to fines reaching up to $10,000.
- A Second-Degree Felony is the charge for possession of 1-4 grams of a Penalty Group I drug, carrying a prison term of 2-20 years and fines up to $10,000.
- If caught with 4-200 grams of a Penalty Group I drug, individuals are subjected to a First-Degree Felony charge, which can result in 5-99 years or even a life sentence behind bars, along with fines up to $10,000.
- A conviction for possessing 200-400 grams of a Penalty Group I drug carries a sentence ranging from 10 years to life imprisonment, coupled with fines up to $100,000.
- Lastly, possessing less than 400 grams of a Penalty Group I drug may lead to a conviction resulting in 15 years to life in prison and fines reaching up to $250,000.
To secure the best possible outcome for your defense case, it is advisable to seek legal counsel promptly and conduct thorough research. At the Law Office of Bryan Fagan, we eagerly anticipate collaborating with you and leveraging our expertise to achieve a favorable resolution.
Please do not hesitate; call our drug possession lawyer today at: 281-810-9760 to embark on your defense journey.
