Possession of a Controlled Substance (THC / CBD Oil / Narcotics)

Some of our partners have been narcotics prosecutors and know the intricacies of drug related charges.  Hiring a firm with extensive litigation experience is vitally important when fighting a drug case.  Litigating underlying search issue well before trial is often the only way to be successful in getting your case dismissed.

Overview:

The vast majority of drug and narcotics cases are the result of either a traffic stop or a search warrant.  It is vitally important that you hire a team of attorneys who have extensive experience in the courtroom. Your attorney MUST be willing and able to litigate motions to suppress the underlying traffic stop of the insufficiency of the probable cause affidavit justifying the search warrant.  Failing to litigate these issues will almost always result in you being found guilty of the underlying offense. The partners at Smith | McDonald | Bolin have litigated these motions hundreds of times in our over fifty (50) years of experience.

Our Approach in Defending Drug and Narcotics Cases:

We diligently review the reason for the traffic stop and/or the search warrant with a fine tooth comb. We almost always find a mistake or error on the part of law enforcement that will often times result in your case getting reduced or dismissed.

The Law:

Possession of Marijuana:

  • Less than two ounces of marijuana is a Class B misdemeanor
  • 2-4 ounces of marijuana is a Class A misdemeanor
  • 4 ounces – 5 lbs. is a State Jail Felony
  • 5 lbs. – 50 lbs. is a third-degree felony
  • 50 lbs. – 2,000 lbs. is a second-degree felony
  • Over 2,000 lbs. is a first-degree felony

Delivery of Marijuana:

  • ¼ ounce/7 grams – 5 lbs. is a State Jail Felony
  • Less than ¼ of an ounce/7 grams of marijuana is a Class B Misdemeanor if no money is exchanged and a Class A misdemeanor if money is exchanged
  • 5 lbs. – 50 lbs. is a third-degree felony
  • 50 lbs. – 2,000 lbs. is a second-degree felony
  • More than 2,000 lbs. is a first-degree felony

Possession of a Controlled Substance in Penalty Group 1 (meth, cocaine, heroin, PCP, etc…):

  • Possession of Cocaine, Methamphetamine, PCP, Heroine etc…
  • Less than 1 gram is a State Jail Felony
  • 1-4 grams is a third-degree felony
  • 4-200 grams is a second-degree felony
  • 200-400 grams is a first-degree felony
  • Over 400 grams minimum 15 years in Texas Department of Criminal Justice Institutional Division up to life

Delivery of a Controlled Substance in Penalty Group 1:

  • The punishment range jumps one degree. So a third degree felony becomes a second degree felony and so on…

Drug-Free Zone:

In Texas, a “drug-free zone” includes any location that is within 1,000 feet of schools (meaning public or private elementary and secondary schools and any daycare centers), youth centers, universities, and playgrounds. It also includes locations that are within 300 feet of video arcades, school busses, and even public swimming pools. Lawmakers created drug-free zones to keep dealers from doing business with any children and to prevent the exposure of drugs to children

1,000 feet is roughly 300 yards, which is the equivalent to 3 football fields. This is a pretty large distance in accordance to schools.

If someone engages in a drug crime in a drug free zone or within a certain distance of one, they are faced with increased penalties on their charge. Getting caught with any controlled substances while you are in a drug-free zone will raise your charges up to the next highest charge. This means that if the amount that you were caught with would normally result with a third-degree felony, it would be raised to a second-degree felony if found in a drug free zone.

CONTROLLED SUBSTANCE PENALTY GROUPS

Penalty Group 1:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Ketamine
  • Oxycodone & Hydrocodone (over 300 mg)
  • Raw Opium
  • Opium Extracts
  • Methadone

Penalty Group 1a:

  • LSD (Lysergic Acid Diethylamide) (And every construable form or variant of it)

Penalty Group 2:

  • Ecstasy
  • PCP (Phencyclidine)
  • Mescaline
  • Marinol

Penalty Group 2a:

  • Cannibinol Derivatives

Penalty Group 3:

  • Valium
  • Xanex
  • Ritalin
  • Clonazepam
  • Salvia
  • Hydrocodone (less than 300 mg)

Penalty Group 4:

  • Morphine
  • Motofen
  • Buprenorphine (an opioid)
  • Pyrovalerone

PENALTIES FOR DRUG POSSESSION IN TEXAS

Texas law has different punishment ranges for each of the penalty groups and offenses. A person who either knowingly or intentionally possesses a controlled substance without a valid prescription, is punished in accordance with the amount that they possessed at the time.

PENALTY GROUP 1:

  • Less than 1 gram = a range between 180 days to 2 years in jail and/or prison and a fine of up to $10,000.
  • More than 1 gram and less than 4 grams = a range from 2 to 10 years in prison and a fine of up to $10,000.
  • More than 4 grams and less than 200 grams = a range from 2 to 20 years in prison and a fine of up to $10,000.
  • More than 200 grams and less than 400 grams = a punishment range of 5 to 99 years in prison and a fine of up to $100,000.
  • 400 grams or more = a range of 10 to 99 years in prison and a fine up to $100,000.

PENALTY GROUP 1-A:

  • Less than 20 units = a range between 180 days to 2 years in jail and/or prison and a fine of up to $10,000.
  • More than 20 units and less than 80 units = a range from 2 to 10 years in prison and a fine of up to $10,000.
  • More than 80 units and less than 4,000 units =a range of 5 to 20 years in prison and a fine of up to $10,000.
  • 4,000 or more units— a range of 15 to 99 years in prison and a fine of up to $250,000.

PENALTY GROUP 2:

  • Less than 1 gram = a range between 180 days to 2 years in jail and/or prison and a fine of up to $10,000.
  • More than 1 gram and less than 4 grams = a range from 2 to 10 years in prison and a fine of up to $10,000.
  • More than 4 grams and less than 400 grams— a range of 2 to 20 years in prison and a fine of up to $10,000.
  • 400 grams or more— a range of 5 to 99 years in prison and a fine up to $50,000.

PENALTY GROUP 3:

  • Less than 28 grams = a range of 1 year in jail at most, and a fine of up to $4,000
  • More than 28 grams and less than 200 grams = a range of 2 to 10 years in prison and a fine of up to $10,000.
  • More than 200 grams and less than 400 grams = a range of 2 to 20 years in prison and a fine of up to $10,000.
  • 400 grams or more = a range of 5 to 99 years in prison and a fine of up to $50,000.

PENALTY GROUP 4:

  • Less than 28 grams = a range of 180 days in jail at most and a fine of up to $2,000.
  • More than 28 grams and less than 200 grams = a range of 2 to 10 years in prison and a fine of up to $10,000.
  • More than 200 grams and less than 400 grams = a range of 2 to 20 years in prison and a fine of up to $10,000.
  • 400 grams or more = a range of 5 to 99 years in prison and a fine of up to $50,000.