Austin Possession of a Controlled Substance Lawyer
A wide variety of substances are considered controlled substances in Texas, some of which are legal only under specific circumstances. Possessing a controlled substance is a serious offense in Texas. The Texas Health and Safety Code divides controlled substances into several penalty groups for the purpose of determining the legal penalty for possession. A criminal defense lawyer experienced with drug possession charges can help keep a possession offense off your criminal record.
If you've been arrested for possession of a controlled substance, contact us as soon as possible for a consultation on your case. We may be able to strike a deal with the prosecution to dismiss the possession charges.
Texas Laws on Controlled Substances
The penalty for a possession of a controlled substance conviction in Austin will depend on the type and amount of drug. There are five penalty groups plus a group for marijuana. Each penalty group has several weight ranges for the drug. The applicable weight range determines the classification of offense in the Texas criminal system, but the minimum crime classifications are shown below. If the amount of drug alleged to be in your possession is greater than the lowest weight range, the classification can be escalated to a more severe classification.
| Penalty Group | Example Substances | Min Classification |
|---|---|---|
| 1 | heroin, Methamphetamine, Ketamine, GHB, Methadone, Cocaine, Codeine, Oxycodone, Vicodin, Methadone, Opiates | State Jail Felony |
| 1-A | LSD | State Jail Felony |
| 2 | Methaqualone, Amphetamine, Ecstasy, marijuana derivatives | State Jail Felony |
| 3 | Methylphenidate, Peyote, Valium, Xanax | Class A Misdemeanor |
| 4 | Mixtures containing limited amounts of narcotics or active medical ingredients | Class B Misdemeanor |
| Marijuana | Loose leaf marijuana | Class B Misdemeanor |
If you were arrested for having marijuana, you may need a marijuana possession lawyer. There are specific laws that apply to marijuana charges specifically.
The punishments for Texas drug possession are determined by the classification. The table below shows the maximum fine and the range of possible jail times depending on which classification is applicable to your situation.
| Classification | Max Fine | Jail Time |
|---|---|---|
| Felonies | $10000+ | Min 180 days |
| Class A Misdemeanor | $4000 | Max 1 year |
| Class B Misdemeanor | $2000 | Max 180 days |
A conviction for possession of a controlled substance in Texas will also result in your drivers license being suspended for 6 months. If you need a lawyer for driving with a suspended license, we can help with this charge as well.
What to Do about Drug Possession Charges
If you're arrested for possession of a controlled substance in Austin, the first thing to do is to prevent further escalating the case by avoiding the situation the resulted in the charges. If you have not yet spoken to a lawyer experienced with possession of a controlled substance charges, you should do so as soon as possible and before you make further statements to law enforcement or investigators.
A drug possession attorney will be able to assess the circumstances of your case and determine which legal defenses might apply in your situation. Sue Berkel is a former prosecutor at the Travis County Attorney General's office, so she knows what sort of cases are likely to be dismissed in court. Call us today for a free assessment of your possession of a controlled substance charges.