Certain drug possession crimes in Texas are misdemeanor offenses, but many others result in felony charges. A felony drug possession offense immediately becomes more serious because an alleged offender will be facing longer sentences of imprisonment and much larger fines if convicted.
A felony drug possession conviction can also have many farther-reaching effects on a person’s life because the conviction on a criminal record can create numerous problems when it comes to applying for jobs, housing, or professional licensing. The truth is that it is very easy for many drug possession crimes to become felony offenses in Texas.
Felony Drug Possession Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you or your loved one arrested for alleged felony drug possession in the Plano area? Make sure you retain legal counsel right away.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Call (469) 304-3422 or contact us online to set up a free consultation.
Texas Drug Penalty Groups
One of the major determining factors in many drug possession cases is the Drug Penalty Group that a controlled substance is classified under in the Texas Controlled Substances Act. Texas has the following penalty groups:
- Penalty Group 1, Texas Health and Safety Code § 481.112 — Hydrocodone, Cocaine, Oxycodone, Heroin, Gamma-Hydroxybutyric Acid[GHB], Methamphetamine, and other opiates
- Penalty Group 1-A, Texas Health and Safety Code § 481.1121 — Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds
- Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113 — Methaqualone, Amphetamine,Psilocybin [mushrooms], 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], and other hallucinogens
- Penalty Group 3 or 4, Texas Health and Safety Code § 481.114 — Alprazolam, Clonazepam, Clorazepate, Diazepam, Fludiazepam,Flurazepam, Halazepam, Ketazolam, Lorazepam, Lysergic acid, including itssalts, isomers, and salts of isomers, Medazepam, Pentobarbital, Secobarbital,Tetrazepam, Zolpidem
Felony Drug Possession Penalties in Collin County
Different possession offenses carry different penalties. The possible consequences of a drug possession crime will depend on the penalty group to that a drug is classified.
Possession of less than 1 gram of a controlled substance in Penalty Group 1 or 2, possession with intent to deliver less than 1 gram of a controlled substance in Penalty Group 1 or 2, and possession with intent to deliver less than 28 grams of a controlled substance in Penalty Group 3 or 4 is a state jail felony. A conviction is punishable by up to two years in state jail and/or a fine of up to$10,000.
Possession of 1-4 grams of a controlled substance in Penalty Group 1 or 2 or possession of 28-200 grams of a controlled substance in Penalty Group 3 or 4 is a third-degree felony. A conviction is punishable by up to 10 years in prison and/or a fine of up to $10,000.
Possession of 4-200 grams of a controlled substance in Penalty Group 1, possession of 4-400 grams of a controlled substance in Penalty Group 2, possession of 200-400 grams of a controlled substance in Penalty Group 3 or 4, possession with intent to deliver 1-4 grams of a controlled substance in Penalty Group 1 or 2, or possession with intent to deliver 28-200 grams of a controlled substance in Penalty Group 3 or 4 is a second-degree felony. A conviction is punishable by up to 20 years in prison and/or a fine of up to $10,000.
Possession of 200-400 grams of a controlled substance in Penalty Group 1, possession with intent to deliver 4-200 grams of a controlled substance in Penalty Group 1, and possession with intent to deliver 4-400 grams of a controlled substance in Penalty Group 2, possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 3 or 4 is a first-degree felony. A conviction is punishable by up to 99 years or life in prison and/or a fine of up to $10,000.
Possession of 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, possession of 400 grams or more of a controlled substance in Penalty Group 1, possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 1, possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, and possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 1 are enhanced first-degree felony offenses that can involve possible mandatory minimum prison sentences of 10 to 15 years.
Felony Drug Possession Defenses in Plano
One of the underlying issues in many drug possession cases concerns how police discovered and obtained the controlled substances in question. When drugs are found through an illegal search and seizure, the evidence could be suppressed.
In some cases, people are charged with felony drug possession when they were not the actual owners of the drugs. In other cases, it may be possible that police overstated the number of drugs that a person allegedly possessed.
Plano Felony Drug Possession Resources
Texas Controlled Substances Act — View the full text of the Texas state law governing drug offenses. You can view the complete list of drugs classified under all penalty groups. You can also learn more about the specific possession offenses.
Reclassified: State Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances — The Urban Institute is a Washington D.C.-based think tank that carries out economic and social policy research to “open minds, shape decisions, and offer solutions.” View this October 2018 brief exploring the policy details of reclassification, the potential impact of recent drug law reforms. The report notes that felony convictions “impose a particularly heavy burden on communities of color.”
Find A Collin County Attorney to Fight Felony Drug Possession Charges | Law Offices of Richard C. McConathy
If you or your loved one were arrested for alleged felony drug possession in Plano or a nearby area in Collin County, you need to take the criminal charges very seriously. You do not want to delay in seeking legal representation.
The Law Offices of Richard C. McConathy will work to help you achieve the most favorable possible outcome to your case. We can answer all of your legal questions as soon as you call (469) 304-3422 or contact us online to take advantage of a free consultation.