Possession of Controlled Substance (PCS)

In Texas, possession of a controlled substance refers to the unlawful custody, care, or control of drugs classified into different penalty groups. The criminal offenses for various substances are defined under the Texas Health and Safety Code. Penalties for possession depend on the type and quantity of the substance and can range from a Class B misdemeanor to an enhanced first-degree felony.

Drug Penalty Groups in Texas:

• Penalty Group 1 includes: cocaine, “crack,” heroin, methamphetamine, GHB, ketamine
• Penalty Group 1-A includes: LSD
• Penalty Group 1-B includes: Fentanyl
• Penalty Group 2 includes: Hallucinogens, including THC, central nervous system depressants
• Penalty Group 2-A includes: Synthetic marijuana/cannabinoids
• Penalty Group 3 includes: stimulants and depressants like Ritalin, benzos, Xanax. Also includes anabolic steroids, barbiturates
• Penalty Group 4 includes: narcotics that include codeine and morphine

Possession of Drug Paraphernalia

Possessing items used for drug processing, packaging, or consumption can result in a Class C misdemeanor charge, punishable by a fine of up to $500. If charged with distributing or possessing paraphernalia with intent to distribute, the charge escalates to a Class A misdemeanor.

Possession of Marijuana in Texas

Possessing marijuana in Texas is generally a misdemeanor but can become a felony if large amounts are involved . The law covers any cannabis sativa plant, whether it’s growing or processed, including seeds and preparations. Penalties can range from up to 180 days in jail for misdemeanor possession of marijuana, to 99 years in jail, for felony-level offenses along with fines and other consequences. The penalties vary based on the alleged intent and the quantity in your possession at the time of your arrest.

Possession of Dangerous Drug

Under the Texas Health and Safety Code, dangerous drugs are defined as any drugs not listed in Schedules I through V or Penalty Groups 1 through 4. Essentially, these are medications deemed unsafe for self-medication and labeled as “prescription only.”

Dangerous drugs can only be legally dispensed by a licensed pharmacist. Possessing a dangerous drug without a valid prescription or intending to sell such substances can result in criminal charges for possession of a dangerous drug.

Texas Diversion Programs

Texas law allows for diversion programs in response to jail overcrowding and the nonviolent nature of marijuana offenses. Larger counties are required to have drug courts, providing treatment options rather than jail time. These programs create opportunities to resolve drug charges without severely impacting your future. Unfortunately, some jurisdictions (counties) in Texas, like Smith County, do not offer diversion programs.

To ease your mind about your situation and to ensure the best possible outcome for your drug charge, reach out to Murphy & Baker Law Firm for a consultation and comprehensive review of your drug case in Tyler, Smith County, Texas and surrounding areas. We’re here to help guide you through your options and protect your future. Call us now to get started.

If you need dedicated, effective legal representation call Murphy & Baker Law Firm @ 903-533-9000 for a free consultation.