Drug Charges

The state of Texas considers drug possession — or possession of drug paraphernalia — a felony or misdemeanor, depending on both the type and amount of drugs you are accused of possessing.  Generally speaking, possessing less than four ounces of marijuana will be charged as a misdemeanor, while possessing even less than one gram of cocaine will be charged as a felony.  Controlled substances are divided into five penalty groups through the Texas Health and Safety Code, with marijuana having an additional category.  Even though some of the substances in these penalty groups may be technically legal, it can still be illegal to possess them without a valid prescription, therefore both the classification and punishment is dependent upon the type and amount of the controlled subject in your possession.  The table at the end of the page will give you a better idea of the different penalty groups associated with each controlled substance.

Possession

If you are simply riding in a car with others, and the police pull the car over and find illegal narcotics inside the vehicle, you could be arrested and charged along with the other passengers even if you had no idea the drugs were present.  However, merely being in the presence of drugs is not sufficient to convict you in the State of Texas, as the state must prove you were actually in possession of the drugs.  The Texas Penal Code defines possession in Section 1.07 as actual care, custody, or control.  Therefore, simply being in proximity of the drugs will not support a conviction, as the state must show that you intentionally had custody or control of the drugs.  The Law Offices of Carl David Ceder, PLLC defends those facing criminal charges for drug possession, whether the charges are simple possession, drug conspiracy, or manufacturing and delivery.  Even a seemingly minor drug possession charge could potentially have lifelong consequences.  Carl will work hard to keep you out of jail and your record clean.  Good people often find themselves in serious trouble regarding a drug possession charge, and Carl will respect you as a person, and do his absolute best to ensure your rights are always protected.

Delivery or Manufacturing

Your future could be at stake if you are charged with a crime involving manufacturing, possession or distribution of illegal drugs.  Because of the seriousness of the potential consequences, you should choose wisely when hiring your criminal defense attorney.  Under the Texas Controlled Substances Act, delivery of a drug is considered giving a controlled substance to another person, and is the equivalent of actually selling drugs, whether or not money changed hands.  An undercover officer is often used to entrap you into giving a controlled substance to him, then subsequently, you will be charged with delivery of a drug or narcotic.  Delivery charges are different from possession charges, and will vary according to both classification and amount.

Drug manufacturing can be defined as growing, producing, and/or possessing plants.  It can also include other naturally occurring elements such as cannabis seeds and marijuana plants, which are then used to make illegal controlled substances or producing illegal controlled substances which require the use of chemicals and laboratory equipment to produce (cocaine, methamphetamine, LSD or ecstasy).  Again, the penalties and punishments can be particularly stiff for delivery or manufacturing charges, and it is in your best interests to have a knowledgeable attorney to evaluate your case.  The Law Offices of Carl David Ceder, PLLC has the knowledge of how local and federal law enforcement agencies operate to make a case against you, and is fully aware of all effective defense strategies available.  These defenses can include challenging the probable cause for a search warrant as a violation of your 4th amendment right to be "free of an illegal search and seizure" of your property.  Carl will closely scrutinize the case from every angle, and will uncover any violations of your rights.  Call The Law Offices of Carl David Ceder, PLLC, today at 214.702.CARL (2275) and let them help you fight your drug case to keep you out of jail and your record clean.

Penalty Group Controlled Substance
1 Cocaine, Heroin, Methamphetamine, GHB, oxycodone and hydrocodone
1A LSD
2 Ecstasy, PCP and Mescaline
3 Valium, Xanax and Ritalin
4 Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

Marijuana Possession:

Weight Classification Penalty
2 ounces or less Class B misdemeanor No more than 180 days in jail and/or a fine not to exceed $2,000
More than 2 ounces, less than 4 ounces Class A misdemeanor No more than 1 year in jail and/or a fine of not to exceed $4,000
More than 4 ounces, less than 5 pounds State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 5 pounds, less than 50 pounds Third-degree felony 2 to 10 years in a state prison and/or a fine not to exceed $10,000
More than 50 pounds, less than 2,000 Second-degree felony 2 to 20 years in a state prison and/or a fine not to exceed $10,000

More than 2,000 pounds

 Enhanced first-degree felony 5 to 99 years and a fine of not to exceed $50,000

 

The punishment ranges for the different Penalty Groups are as follows:

Possession - Penalty Group One

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • - 2 to 20 years if more than 4 grams but less than 200 grams
  • - 2 to 10 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Possession - Penalty Group One - A

  • - Life or 15 to 99 years if 8000 units or more
  • - Life or 5 to 99 years if more than 4000 units but less than 8000 units
  • - 2 to 20 years if more than 80 units but less than 4000 units
  • - 2 to 10 years if more than 20 units but less than 80 units
  • - 180 days to 2 years if less than 20 units

 

Possession - Penalty Group Two

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 4 grams but less than 400 grams
  • - 2 to 10 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Possession - Penalty Group Three

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 200 grams but less than 400 grams
  • - 2 to 10 years if more than 28 grams but less than 200 grams
  • - 180 days to 2 years if less than 28 gram

 

Possession - Penalty Group Four

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 200 grams but less than 400 grams
  • - 2 to 10 years if more than 28 grams but less than 200 grams
  • - 180 days to 2 years if less than 28 grams

 

Manufacturing or Delivery - Penalty Group One

  • - Life or 15 to 99 years if more than 400 grams
  • - Life or 10 to 99 years if more than 200 grams but less than 400 grams
  • - Life or 5 to 99 years if more than 4 grams but less than 200 grams
  • - 2 to 20 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Manufacturing or Delivery - Penalty Group One - A

  • - Life or 15 to 99 years if 4000 units or more
  • - Life or 5 to 99 years if more than 80 units but less than 4000 units
  • - 2 to 20 years if more than 20 units but less than 80 units
  • - 180 days to 2 years if less than 20 units

 

Manufacturing or Delivery - Penalty Group Two

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 4 grams but less than 400 grams
  • - 2 to 20 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Manufacturing or Delivery - Penalty Group Three

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • - 2 to 20 years if more than 28 gram but less than 200 grams
  • - 180 days to 2 years if less than 28 gram