Waco Drug Possession Attorney

Texas categorizes controlled substances into five penalty groups, with Group 1 being the most serious and Group 4 the least serious.

The penalties for possession of a controlled substance depend on the specific drug (its penalty group) and the quantity you’re accused of possessing. Here’s a more detailed breakdown:

Penalty Group 1

This group includes substances like heroin, cocaine, LSD and certain analogs. Possession of any amount is considered a felony, with harsh penalties:

• Less than 1 gram: This is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
• At least 1 gram but less than 4 grams: This is a 3rd-degree felony, carrying a sentence of 2 to 10 years in prison and a fine of up to $10,000.
• 4 grams to 200 grams: Possession of this amount or more is a 2nd-degree felony, with a possible sentence of 2 to 20 years in prison and a fine of up to $10,000.
• 200 grams to 400 grams: This range is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $10,000.
• 400 grams or more: This is considered an enhanced 1st-degree felony, with a potential sentence of 15 to 99 years in prison and a fine of up to $250,000.

Penalty Group 2

This group includes substances like methamphetamine, oxycodone, and certain hallucinogens. Penalties are also severe:

• Less than 1 gram: This is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
• At least 1 gram but less than 4 grams: This is a 3rd-degree felony, with a sentence of 2 to 10 years in prison and a fine of up to $10,000.
• 4 grams or more but less than 400 grams: This is a 2nd-degree felony, carrying a possible sentence of 2 to 20 years in prison and a fine of up to $10,000.
• 200 grams to 400 grams: This range is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $10,000.
• 400 grams or more: This is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $50,000.

Penalty Groups 3 And 4

These groups include various prescription drugs and certain synthetic substances. Penalties are less severe but can still be significant:

• Less than 28 grams (for Group 3) or less than 18 grams (for Group 4): This is typically a Class A misdemeanor, punishable by a fine of up to $4,000 and up to 1 year in jail.
• Larger quantities: Possession of greater amounts can be charged as a state jail felony or even a 3rd-degree felony, depending on the specific substance and quantity.

Steps To Take After Being Charged With Drug Possession In Texas

After a drug possession charge, you may want to focus on the following:

• Charge category review: Confirm how Texas law classifies the alleged substance and amount, since the penalty group and weight can affect whether the charge falls within a misdemeanor or felony range.
• Court duty tracking: Keep track of court dates, bond terms or reporting rules that often follow a criminal charge, because missed deadlines can create new legal issues.
• Event fact recording: Write down what you remember about the stop, search or arrest, including where officers searched and how they found the substance.
• Process guidance request: Speak with a criminal defense attorney to learn how Texas drug laws and court procedures may apply to your situation.

These steps do not control, predict or guarantee the outcome of your case. The facts of each situation determine how a drug possession case proceeds.

Common Defenses To Drug Possession Charges

In a drug possession case, the state must prove specific facts beyond showing that officers found a substance. The strength of a case often depends on how the evidence connects to you and how officers handled the investigation.

One common issue involves knowledge and control. Texas law defines possession as actual care, custody, control or management. The state must show that you knew about the substance and exercised control over it. This issue often arises when drugs appear in shared cars, homes or other spaces.

Another issue involves search limits. The law restricts when officers may search you, your vehicle, or your property. Defense lawyers often review traffic stops, consent searches, and warrant use to determine whether officers followed required rules.

Some cases raise evidence handling concerns. The state must properly identify and document the substance it plans to use in court. Problems may arise when testing records, weight figures, or custody logs contain gaps or errors. Cases may also involve procedural issues.

These issues can include how officers made the arrest, how they conducted questioning, or whether law enforcement followed required steps after filing the charge.

No single defense applies to every situation. A Waco drug possession defense attorney can review your case and explain which legal issues may deserve closer attention under Texas law.

Important To Remember

This is just a general overview. The exact charges and penalties you face will depend on the specific facts of your case. If you are arrested for possession of a controlled substance in Texas, it’s crucial to consult with an attorney who can advise you on the specific laws and potential consequences you’re facing.

Contact Callahan & King, PLLC, at 254-717-8600 or reach out online for consultation.

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