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Possession of a Controlled Substance

Houston Possession of a Controlled Substance Lawyer

Being convicted of possession of a controlled substance can result in drastic consequences on a
person’s life. A defendant may face significant time in prison or jail, and he may also be forced
to pay large fines. In some cases, he can even be excluded from entering certain professions or
lose a part of his freedom by surrendering his right to drive legally. A defendant may also face
larger penalties if the prosecution tacks on an additional charge to the existing ones, such as
possession with intent to sell. It is vitally important for a defendant to contact a knowledgeable
criminal defense attorney like Rand Mintzer when he or she is accused of a serious drug charge.

What is Possession of a Controlled Substance?

The definition for the crime of possession of a controlled substance is included in the Texas Health
and Safety Code in sections 481.115 through 481.118. According to these sections, a defendant must
intentionally or knowingly possess a controlled substance for which he does not have a prescription
in order to be convicted of this crime. Specific drugs are listed in Penalty Groups I through IV.

Penalties for Possession of a Controlled Substance

The potential punishment for the possession of a controlled substance depends on the type of drug
that the defendant is accused of possessing and the amount of the drug that he allegedly kept.
If a prosecutor includes additional charges, the penalties can be even higher.
Some of the possible penalties for each type of drug are listed below:

Penalty Group I (methamphetamine, oxycodone and cocaine):

• 400 grams or more: a maximum fine of $100,000 and/or 10 to 99 years in prison
• 200 grams or more, but less than 400 grams: a maximum fine of $10,000 and/or five to 99 years in prison
• Four grams or more, but less than 200 grams: a maximum fine of $10,000 and/or two to 20 years in prison
• One gram or more, but less than four grams: a maximum fine of $10,000 and/or two to 10 years in prison
• Less than one gram: a maximum fine of $10,000 and/or 180 days to two years in state jail

Penalty Group II (Ecstasy, phencyclidine, hallucinogens):

• 400 grams or more: a maximum fine of $50,000 and/or five to 99 years in prison
• Four grams or more, but less than 400 grams: a maximum fine of $10,000 and/or two to 20 years in prison
• One gram or more, but less than four grams: a maximum fine of $10,000 and/or two to 10 years in prison
• Less than one gram: a maximum fine of $10,000 and/or 180 days to two years in state jail

Penalty Group III (Xanax, Valium and drugs with trace amounts of narcotic ingredients):

• 400 grams or more: a maximum fine of $50,000 and/or five to 99 years in prison
• 200 grams or more, but less than 400 grams: a maximum fine of $10,000 and/or two to 20 years in prison
• 28 grams or more, but less than 200 grams: a maximum fine of $10,000 and/or two to 10 years in prison
• Less than 28 grams: a maximum fine of $4,000 and/or up to one year in jail

Penalty Group IV (combination analgesics that contain acetaminophen with codeine):

• 400 grams or more: a maximum fine of $50,000 and/or five to 99 years in prison
• 200 grams or more, but less than 400 grams: a maximum fine of $10,000 and/or two to 20 years in prison
• 28 grams or more, but less than 200 grams: a maximum fine of $10,000 and/or two to 10 years in prison
• Less than 28 grams: a maximum fine of $2,000 and/or up to 180 days in jail