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Possession of Marijuana
Possession of Marijuana is still illegal in Texas. Treatment of this crime varies widely depending on who is prosecuting the offense. There are serval things an experienced attorney can do fight drug labs on these types of cases that could be the key to dismissing your charges.
Possession of a Controlled Substance
Possession of a Controlled substance charges are some of the most common types of criminal cases in Texas. Most the time these cases involve exposure to felony punishment. Having a lawyer who cares and can help you make the right proactive moves often times is the difference between conviction and dismissal.
Possession of a Controlled Substance
Controlled Substances are classified into four schedule classifications based on medical applications and the risk of abuse. Texas regulates and assigns drugs from schedules I through V to six penalty groups. Below is a list of the schedule classifications, penalty groups and range of punishment for possession.
FOUR SCHEDULE CLASSIFICATIONS OF CONTROLLED SUBSTANCE
I. Schedule 1: Substances with no accepted medical use and high risk of abuse ( Heroin, marijuana, LSD, Crack Cocaine...)
II. Schedule 2: Substances with accepted medical use and high risk of abuse (morphine, cocaine, hydrocodone, Percocet...)
III. Schedule 3: Substances with accepted medical use and moderate risks of abuse Ketamine, steroids, codeine.....)
IV. Schedule 4: substances with accepted medical use and low risk of abuse ( muscle relaxers, Ambien, Xanax, Valium, Klonopin...)
SIX PENALTY GROUPS FOR CONTROLLED SUBSTANCES
I. Penalty Group 1: Common substances include codeine, heroin, hydrocodone, and oxycodone, Adderall
II. Penalty Group 1-A: LSD and its derivatives
III. Penalty Group 2: Common substances include Ecstasy, PCP, and mescaline
IV. Penalty Group 2-A: Drugs that mimic cannabis
V. Penalty Group 3: Common examples are Ambient, HGH, steroids, testosterone, Ritalin.
VI. Penalty Group 4: compounds with limited amounts of narcotic drugs such as Codeine and opium
PENALTY FOR POSSESSION OF PG1 OFFENSES
<1 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
1-4 grams is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
4-200 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
200- 400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
PENALTY FOR POSSESSION OF PG1-A OFFENSES
<20 units is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
20-80 units is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
80- 4000 units is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
4000 to 8000 units is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
> 8000 units is is an enhanced 1st Degree Felony carrying a penalty of 15 years to 99 years in state prison and fine up to $250,000
PENALTY FOR POSSESSION OF PG2 OFFENSES
<1 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
1-4 grams is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
4-400 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
>400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $50,000
PENALTY FOR POSSESSION OF PG2-A OFFENSES
Less than 2 ounces is a Class B misdemeanor carrying a penalty of up to 180 days in county jail and fine up to $2,000
2-4 ounces is a Class A misdemeanor carrying a penalty of up to 1 year in county jail and fine up to $4,000
4 ounces to 5 Pounds is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
5-50 Pounds is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
50-2,000 Pounds is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
>2,000 Pounds is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
PENALTY FOR POSSESSION OF PG3 OFFENSES
<28 gram is a Class A misdemeanor carrying a penalty of up to 1 year in county jail and fine up to $4,000
28-200 grams is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
200-400 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
>400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $50,000
PENALTY FOR POSSESSION OF PG4 OFFENSES
<28 grams is a Class B misdemeanor carrying a penalty of up to 180 days in county jail and fine up to $2,000
28-200 grams is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
200-400 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
>400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $50,000
Manufacture or Delivery of a Controlled Substance
In Texas, manufacturing and delivery of controlled substances involves the production, preparation, or transfer of illegal drugs. The law is designed to target suppliers rather than just users. Unlike simple possession, which can sometimes be a misdemeanor for small amounts, manufacturing or delivery charges are automatically classified as felonies that carry much harsher penalties, including up to life in prison.
PENALTY FOR MANUFACTURE OR DELIVERY OF PG1 OFFENSES
<1 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
1-4 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
4-200 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
200- 400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 15 years to 99 years in state prison and fine up to $250,000
PENALTY FOR MANUFACTURE OR DELIVERY OF PG1-A OFFENSES
<20 units is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
20-80 units is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
80- 4000 units is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
4000 to 8000 units is is an enhanced 1st Degree Felony carrying a penalty of 15 years to 99 years in state prison and fine up to $100,000
> 8000 units is is an enhanced 1st Degree Felony carrying a penalty of 15 years to 99 years in state prison and fine up to $250,000
PENALTY FOR MANUFACTURE OR DELIVERY OF PG2 OFFENSES
<1 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
1-4 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
4-400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
PENALTY FOR MANUFACTURE OR DELIVERY OF PG2-A OFFENSES
<1 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
1-4 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
4-400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
PENALTY FOR MANUFACTURE OR DELIVERY OF PG3 OFFENSES
<28 gram is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
28-200 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
200-400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
PENALTY FOR MANUFACTURE OR DELIVERY OF PG4 OFFENSES
<28 grams is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
28-200 grams is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
200-400 grams is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $10,000
>400 grams is an enhanced 1st Degree Felony carrying a penalty of 10 years to 99 years in state prison and fine up to $100,000
POSSESSION OF MARIJUANA
PENALTY FOR POSSESSION OF MARIJUANA
Less than 2 ounces is a Class B misdemeanor carrying a penalty of up to 180 days in county jail and fine up to $2,000
2-4 ounces is a Class A misdemeanor carrying a penalty of up to 1 year in county jail and fine up to $4,000
4 ounces to 5 Pounds is a State Jail Felony carrying a penalty of 180 days to 2 years in state jail and fine up to $10,000
5-50 Pounds is a 3rd Degree Felony carrying a penalty of 2 years to 10 years in state prison and fine up to $10,000
50-2,000 Pounds is a 2nd Degree Felony carrying a penalty of 2 years to 20 years in state prison and fine up to $10,000
Over 2,000 Pounds is a 1st Degree Felony carrying a penalty of 5 years to 99 years in state prison and fine up to $50,000
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