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Possession of a Controlled Substance

Houston Possession of a Controlled Substance Attorney

Individuals can be charged with the possession of a controlled substance regardless of whether they actually own the drugs in question. According to Texas law, possession of a controlled substance is any instance in which a person purposely or deliberately has a drug that meets the definition of a controlled substance on their person or in their personal belongings, such as a purse, car or house. Penalties for this drug crime vary according to the penalty group to which the illicit substance belongs.

Call Shahin Zamir at 713-223-8900.

The Different Penalty Groups for Controlled Substances

The four penalty groups defined under Texas law are as follows:

  • Penalty Group I includes substances such as heroin, hydrocodone and cocaine. Penalties range from two years behind bars and a $10,000 fine for less than one gram in possession up to a sentence of 10 to 99 years in prison and a fine up to $100,000 for individuals with 400 or more grams in their possession.
  • Penalty Group II includes hallucinogenics and Ecstasy. As with Penalty Group I, individuals with less than one gram in their possession can receive up to two years in prison and a $10,000 fine. Those with 400 grams or more in their possession can receive five to 99 years in prison and a fine up to $50,000.
  • Penalty Group III includes LSD; Xanax and similar anti-anxiety medications; and drugs containing a small amount of narcotics. Those found with less than 28 grams in their possession can be punished with up to one year in jail and a fine of no more than $4,000. The maximum penalty is reserved for those with 400 or more grams in their possession at the time of arrest. Penalties include five to 99 years in prison and fines up to $50,000.
  • Penalty Group IV includes substances with limited amounts of narcotics in their chemical makeup. Persons arrested with less than 28 grams in their possession are charged with a misdemeanor and may receive a jail sentence of up to six months and a fine not to exceed $2,000. The maximum penalty for those holding 400 grams or more at the time of arrest is five to 99 years in prison and a fine up to $5,000.

Call a Possession of a Controlled Substance Lawyer

A qualified possession of a controlled substance attorney is essential for anyone who is charged with drug possession. An attorney should be present at all interviews with police or prosecutors. He also will review all investigative reports and make sure that a defendant’s rights have been protected throughout the process. As a former prosecutor, Shahin Zamir has the knowledge and experience to effectively represent you in a court of law.

Schedule your free case review with Shahin Zamir by calling 713-223-8900.