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Drug Charges

 
Drug offenses are some of the most commonly charged offenses in San Antonio and the surrounding counties. Drug crime, like DWI, touches everyone. Whether it’s involvement in large-scale distribution or being pulled over for a traffic stop with prescription drugs you don’t have a prescription for.
 
One thing all Drug Charges have in common is that the penalties, especially here in Texas, are severe.
 
Possession of a Controlled Substance
 
The most common possession of a controlled substance charges involves possession of marijuana, methamphetamines, cocaine or ecstasy. Even the possession of a prescription drug without a valid prescription for that medication can result in serious felony charges.
 
Most drug charges are considered felonies. Felony drug charges come with very serious penalties, including prison and large fines. A conviction could mean a criminal record and loss of your driver’s license, job opportunities, immigration status or even your eligibility for student loans and public assistance?

The primary elements of drug possession are knowledge and intent. You can be charged with possession of a controlled substance, narcotics or drugs if you knowingly or intentionally possess substances found in Penalty Groups I through IV without a valid prescription.
 
Drug crimes in Texas are largely governed by the Controlled Substances Act found in the Texas Health and Safety Code, Chapters 481 through 486.
 

  • Penalty Group 1: Methamphetamine, Heroin, Cocaine Oxycodone, Opium, Methadone, Ketamine and Hydrocodone (more than 300 mg)
  • Penalty Group 2: Mescaline, Mushrooms, Psilocybin, Mescaline, Ecstasy, Methaqualone and Amphetamine
  • Penalty Group 3:Clonazepam, Xanax, Valium, Ritalin and Hydrocodone (less than 300 mg), Anabolic steroids and Lorazepam
  • Penalty Group 4: Compounds or mixtures that contain limited amounts of narcotics, and one or more active medical ingredients

 

The State can prove the necessary elements of possession through direct or circumstantial evidence. When circumstantial evidence is used, the evidence must establish the link between you and the substance to be more than happenstance. If you don’t have the drugs in your exclusive possession, the State must show what is called an “affirmative link”.
 

Possession of Controlled Substance Penalty Group One (PG1) Offense Level

Punishment Range

Less than one gram State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 200 grams Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than 400 grams First Degree

5 to 99 years in a state prison or life, and a fine of not more than $100,000

400 grams or more Enhanced First Degree

10 to 99 years or life, and a fine of not more than $100,000

Possession of Controlled Substance Penalty Group 1-A (PG1-A) Offense Level

Punishment Range

Fewer than 20 units State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

20 or more units, but less than 80 units Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

80 units or more, but less than 4,000 units Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

4,000 units or more, but less than 8,000 unites First Degree

5 to 99 years in a state prison or life, and a fine of not more than $100,000

8,000 unites or more Enhanced First Degree

15 to 99 years or life, and a fine of not more than $250,000

Possession of Controlled Substance Penalty Group 2 (PG2) Offense Level

Punishment Range

Less than one gram State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 400 grams Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

400 grams or more Enhanced first-degree felony

5 to 99 years in a state prison and/or a fine of not more than $50,000

Possession of Controlled Substance Penalty Group 2-A (PG 2-A) Offense Level

Punishment Range

Less than two ounces Class B misdemeanor

0-180 days in county jail and up to $2,000 fine

2 ounces or more but less than 4 ounces Class A misdemeanor

0-1 year in county jail, and up to $4,000 fine

4 ounces or more but less than 5 pounds State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

5 pounds ore more but less than 50 pounds Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

50 pounds or more, but less than 2,000 pounds Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

2,000 pounds ore more Enhanced first-degree felony

5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Controlled Substance Penalty Group 3 (PG-3) Offense Level

Punishment Range

Less than 28 grams Class A misdemeanor

0-1 year in county jail, and up to $4,000 fine

28 grams or more, but less than 200 grams Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less thanÊ 400 grams Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

400 grams or more Enhanced first-degree felony

5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Controlled Substance Penalty GroupÊ4 (PG4) Offense Level

Punishment Range

Less than 28 grams Class B Misdemeanor

0-180 days in county jail and up to $2,000 fine

28 grams or more, but less than 200 grams Third Degree

2 to 10 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less thanÊ 400 grams Second Degree

2 to 20 years in a state prison and/or a fine of not more than $10,000

400 grams or more Enhanced first-degree felony

5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Dangerous Drugs (Not otherwise classified) Offense Level

Punishment Range

Possession Class B Misdemeanor

0-180 days in county jail and up to $2,000 fine

Manufacturing or Possession with intent to deliver Class A misdemeanor

0-1 year in county jail, and up to $4,000 fine

Possession of Drug Paraphernalia Class C Misdemeanor

$0-500 Fine

Possession of Marijuana Under Two Ounces Class B Misdemeanor

Up to 180 days in Jail,$0-2,000 fine

Possession of Marijuana 2-4 oz Class A Misdemeanor

Up to 1 year in Jail,$0-4,000 fine

Possession of Marijuana 4 oz to 5 lbs State Jail Felony

180 days - 2 Years, State Jail, Up to $10,000 fine.

Possession of Marijuana 5-50 lbs Third Degree Felony

2-10 Years Penitentiary, Up to $10,000 fine

Possession of Marijuana 50-2000 lbs Second Degree Felony

2-20 Years Penitentiary, Up to $10,000 fine.

Possession of Marijuana 2000+ lbs First Degree Felony

5-99 Years/Life, Up to $50,000 fine*

Available 24/7

 
This is serious and the stakes are high. I limit the number of clients I take so that I can provide personalized service to each one.
 
Call or send a text to 210-920-1281 and you’re going to get me. Not a secretary. Not a law clerk. Not some associate attorney you don’t know.
 
I don’t charge for consultations. The State is working on your conviction. Let’s start building your defense.

    click to call (210) 920-1281