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Drug Possession Attorneys in San Antonio, TX

Texas Controlled Substances Charges

In Texas, drugs are placed into groups based on how harmful or addictive they are. Depending on the category, lawful and unlawful substances can be contained within. Regardless of what classification a drug falls into, having a controlled substance in Texas can lead to drug possession allegations. Even a small amount can have huge consequences, as such offenses can be charged as either misdemeanors or felonies. Thus, drug possession accusations call for the legal assistance of an experienced attorney.

At LaHood Norton Law Group, our drug possession lawyers in San Antonio, TX, have handled countless cases involving the possession of all types of drugs. In any drug possession charge, you could be facing jail time and/or fines. Additionally, you’ll have a mark on your permanent criminal record, which can negatively impact future housing, employment, and educational opportunities. Retain our firm for the counsel and advocacy you need to fight your charge and work toward a favorable outcome that can make a difference in your future.

Contact LaHood Norton Law Group at (210) 801-9400 for the legal defense you need.

Drug Penalty Groups in Texas

Texas law refers to drug possession charges and punishments based on the Penalty Group the substance is in. Thus, it’s helpful to understand what these classifications are.

Texas’s drug Penalty Groups are as follows:

  • Penalty Group 1: Substances in this category include, but are not limited to, heroin, codeine, fentanyl, and methadone.
  • Penalty Group 1-A: This category contains LSD.
  • Penalty Group 2: These drugs include substances such as ecstasy, amphetamine, and psilocybin.
  • Penalty Group 2-A: Contained within this classification are drugs mimicking the effects of cannabinoids.
  • Penalty Group 3: Stimulants and depressants are included in this category.
  • Penalty Group 4: If a drug has trace amounts of a narcotic, such as codeine, it will be included in this group.

Marijuana is not included in any of the above Penalty Groups. Instead, it’s in its own classification, and the law refers to possession of it in a separate section.

Types of Drug Possession in Texas

The Texas Controlled Substances Act lists several possession offenses. As mentioned above, they are distinguished by the type of drug involved. A couple of sections of the law also refer to the possession of chemicals or instruments used to engage in any conduct with controlled substances. For a person to be charged with an offense, they must have knowingly, willfully, or intentionally been in “actual care, custody, or control” of the drug or material.

Some of Texas’s drug possession statutes include the following:

  • Possession of a Penalty Group 1 substance (§ 481.115)
  • Possession of a Penalty Group 1-A substance (§ 481.1151)
  • Possession of a Penalty Group 2 substance (§ 481.116)
  • Possession of a Penalty Group 2-A substance (§481.1161)
  • Possession of a Penalty Group 3 substance (§ 481.117)
  • Possession of a Penalty Group 4 substance (§ 481.118)
  • Possession of marijuana (§ 481.121)
  • Possession of chemicals to manufacture a controlled substance (§ 481.124)
  • Possession of anhydrous ammonia (§ 481.1245)
  • Possession of drug paraphernalia (§ 481.125)

If you’ve been charged with an offense, reach out to our San Antonio drug possession attorneys as soon as possible. We’ll review your case and help you understand what you’ve been accused of and what defenses may be available to you.

Texas Drug Possession Penalties

The penalties a court can impose upon a drug possession conviction depend on the facts of the case. Typically, the more serious the drug and the greater the quantity, the more severe the punishments will be.

For the most part, drug possession penalties are levied based on the punishments enumerated in Texas Penal Code Chapter 12:

  • Class B misdemeanor:
    • Up to 180 days in jail and/or
    • Up to $2,000 in fines
  • Class A misdemeanor:
    • Up to 1 year in jail and/or
    • Up to $4,000 in fines
  • State jail felony:
    • Up to 2 years in state jail and/or
    • Up to $10,000 in fines
  • Third-degree felony:
    • Up to 10 years in prison and/or
    • Up to $10,000 in fines
  • Second-degree felony:
    • Up to 20 years in prison and/or
    • Up to $10,000 in fines
  • First-degree felony:
    • Up to 99 years in prison and/or
    • Up to $10,000 in fines

The level of charge for specific drug possession offenses are as follows:

  • Possession of a Penalty Group 1 substance:
    • Less than 1 gram: State jail felony
    • 1 gram or more but less than 4 grams: Third-degree felony
    • 4 grams or more but less than 200 grams: Second-degree felony
    • 200 grams or more but less than 400 grams: First-degree felony
  • Possession of a Penalty Group 1-A substance:
    • Fewer than 20 abuse units: State jail felony
    • 20 or more but fewer than 80 abuse units: Third-degree felony
    • 80 or more by fewer than 4,000 abuse units: Second-degree felony
    • 4,000 or more but fewer than 8,000 abuse units: First-degree felony
  • Possession of a Penalty Group 2 substance:
    • Less than 1 gram: State jail felony
    • 1 gram or more but less than 4 grams: Third-degree felony
    • 4 grams or more but less than 400 grams: Second-degree felony
  • Possession of a Penalty Group 2-A substance:
    • 2 ounces or less: Class B misdemeanor
    • 4 ounces or less but more than 2 ounces: Class A misdemeanor
    • 5 pounds or less but more than 4 ounces: State jail felony
    • 50 pounds or less but more than 5 pounds: Third-degree felony
    • 2,000 pounds or less but more than 50 pounds: Second-degree felony
  • Possession of a Penalty Group 3 substance:
    • Less than 28 grams: Class A misdemeanor
    • 28 grams or more but less than 200 grams: Third-degree felony
    • 200 grams or more but less than 400 grams: Second-degree felony
  • Possession of a Penalty Group 4 substance:
    • Less than 28 grams: Class B misdemeanor
    • 28 grams or more but less than 200 grams: Third-degree felony
    • 200 grams or more but less than 400 grams: Second-degree felony
  • Possession of marijuana:
    • 2 ounces or less: Class B misdemeanor
    • 4 ounces or less but more than 2 ounces: Class A misdemeanor
    • 5 pounds or less but more than 4 ounces: State jail felony
    • 50 pounds or less but more than 5 pounds: Third-degree felony
    • 2,000 pounds or less but more than 50 pounds: Second-degree felony

For some drug possession crimes, the penalties include up to 99 years in prison and a fine ranging from $50,000 to $250,000 (depending on the substance involved). Such punishment is imposed when the drug's aggregate weight exceeds that for the highest level of charge. For instance, possessing up to 399 grams of a Penalty Group 2 substance is a second-degree felony (the highest level of charge for that group) punishable by up to 20 years in prison and/or up to $10,000 in fines. If 400 grams or more of the drug was involved, the penalties increase to up to 99 years in prison and/or a fine of up to $50,000.

At LaHood Norton Law Group, we recognize the limitations a conviction can place on your life. That is why our San Antonio drug possession lawyers will build a sound defense for you. We are ready to seek an optimal result in your case.

Will I Have to Go to Jail on My Drug Possession Charge?

Depending on the amount and type of substance you allegedly had, jail or prison is a possibility. However, Bexar County offers programs and services that can help those serious about changing the course of their life avoid incarceration. Thus, if you are convicted of drug possession and you are committed to rehabilitating, you may be eligible for a diversion program.

Can Drug Possession Charges Be Dropped?

After an arrest, law enforcement officials send the prosecuting attorney a report on the case. The prosecutor reviews the information to determine whether or not sufficient evidence exists to pursue the matter. If there isn’t enough, they may decide to drop charges.

However, if the prosecutor moves forward with the case, the charges may be dismissed. That can happen when the defense shows that the evidence isn’t strong enough.

For instance, the defense might:

  • Challenge the integrity of drug analyses
  • Point to illegal searches or seizures
  • Highlight procedural errors

Our drug possession attorneys in San Antonio will examine every detail of your case to determine an effective course of action.

Protecting You in Your Drug Possession Case

When facing any criminal charge, your choice of legal representation is critical. This is a matter where experience and skill can have a significant impact on your future. Our drug possession lawyers in San Antonio, TX, have put in the time and have extensive legal training that will give your case crucial advantages both inside and outside the courtroom.

Contact us at (210) 801-9400 today to speak with a drug possession attorney in San Antonio, TX.

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  • Case Dismissed Assault Bodily Injury - Married
  • Case Dismissed Criminal Trespassing - Private Property
  • Case Dismissed Drug Possession Charge
  • Case Dismissed Drug Possession Charge
  • Case Dismissed DWI
  • Reduced to Obstruction of Highway DWI
  • Case Dismissed Failure to Stop & Provide Information to Law Enforcement
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