POSSESSION OF A CONTROLLED SUBSTANCE IN TEXAS

Possession of a controlled substance (POCS) in Texas is a serious charge. If you have been arrested or charged with POCS in Houston, Texas or surrounding counties, contact Law Office of Ryan Putz immediately. A POCS conviction may have serious consequences to your career, finances, and family. A proper criminal defense is essential to mitigate these consequences.

The Texas Controlled Substance Act provides that a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in one of the four penalty groups of substances. The exception to this offense is when the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

An offense under penalty group one (1) is the most serious, and an offense under penalty group four (4) is the least serious. Depending on the penalty group of the substance, and the amount of the substance in your possession, the severity of the penalty can range from a first degree felony to a class B misdemeanor. It should be noted that possession of marijuana in Texas has an independent classification than the 4 penalty groups, and marijuana has its own penalties that are independent from the four penalty groups.

Penalty group one (1) pertains to narcotics. This includes substances such as painkillers like codeine, hydrocodone and oxycodone, as well as heroin, cocaine, methamphetamine, ketamine, and LSD (hallucinogens).

Penalties for group one (1) substances:

If possession of the substance is less than one gram, the offense is a state jail felony, punishable by a state jail sentence of not less than 180 days or more than two years.

If possession of the substance is at least one gram but less than four grams, the offense is a third-degree felony, punishable by a prison sentence of not less than two years or more than 10 years.

If possession of the substance is at least four grams but less than 200 grams, the offense is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.

If possession of the substance is at least 200 grams but less than 400 grams, the offense is a first-degree felony, punishable by a prison sentence of not less than five years or more than 99 years, or by a life sentence.

If possession of the substance is at least 400 grams or more, the offense is punishable by a prison sentence of not less than 10 years or more than 99 years, or by a life sentence.

Penalty group two (2) includes substances such as ecstasy or MDMA, PCP, hashish and other cannabinols derived from cannabis.

Penalties for group two (2) substances:

If possession of the substance is less than one gram, the offense is a state jail felony, punishable by a state jail sentence of not less than 180 days or more than two years.

Possession of one gram but less than four grams, the offense is a third-degree felony, punishable by a prison sentence of not less than two years or more than 10 years.

Possession of four grams but less than 400 grams, the offense is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.

Possession of 400 or more grams, the offense is punishable by a prison sentence of not less than five years or more than 99 years, or by a life sentence.

Penalty group three (3) includes anabolic steroids, valium, methylphenidate (also known as Ritalin), and other prescription drugs that have either a stimulant or depressant effect and potential for abuse.

Penalties for group three (3) substances:

If possession of the substance is less than 28 grams, the offense is a Class A misdemeanor and is punishable up to one year in jail and/or a fine.

If possessing between 28 grams and 200 grams, the offense becomes a third-degree felony, punishable by a prison sentence of not less than two years or more than 10 years.

Possession between 200 grams and 400 grams, the offense is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.

Possession of 400 grams or more, the offense is punishable by a prison sentence of not less than five years or more than 99 years, or by a life sentence.

Penalty group four (4) includes substances that include low doses of narcotic that have been combined with other drugs (such as codeine).

Penalties for group four (4) substances:

Possession less than 28 grams, the offense is a Class B misdemeanor, punishable by a jail sentence of not more than 180 days and/or a fine.

Possession of at least 28 grams but less than 200 grams, the offense is a third-degree felony, punishable by a prison sentence of not less than two years or more than 10 years.

Possession of at least 200 grams but less than 400 grams, the offense is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.

Possession of 400 grams or more, the offense is punishable by a prison sentence of not less than five years or more than 99 years, or by a life sentence.

Marijuana Group

The penalties in this group range can range from probation and undergoing mandatory drug treatment, which upon successful completion would lead to a dismissal of the charge, to up to 180 days in jail and fines of $2,000 for possession of two ounces or less. Depending on the county where the offense took place, the enforcement of marijuana possession will differ.

Possessing under two ounces of marijuana is a Class B misdemeanor. Texas punishment can be as much as 180 days in county jail and/or a fine of up to $2,000, along with two years of community supervision (probation). Possession of 2 to 4 ounces of marijuana can mean a 1-year jail sentence and a $4,000 fine.

Possessing more than 4 ounces of marijuana is a felony in Texas, and possessing up to 5 pounds is punishable from 180 days to 2 years in jail and a $10,000 fine. If possessing 5 to 50 pounds the fine is $10,000 and jail time is 2 to 10 years. If possessing 50 to 2,000 pounds of marijuana, the fine is $10,000 and jail time is 2 to 20 years. For over 2,000 pounds, the prison sentence is 5 to 99 years and the fine is $50,000.

Contact Law Office of Ryan Putz today for a confidential consultation of your case. Houston Attorney Ryan Putz can help with a charge of possession of a controlled substance in Harris County, Montgomery County, Galveston County, and Brazoria County Texas.

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