Possession of Controlled Substance

When you have been arrested for a drug charge then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for you.

Can I be charged with possession of controlled substance?

A Texas drug charge for even a trace amount of certain Controlled Substances such as Cocaine,Ecstasy, and Methamphetamines can be enough for a felony drug conviction. The prosecutor must prove that the contraband is a controlled substance, and that you possessed the illegal drug.

How much time can I get for my possession charge?

A violation of the Texas Controlled Substances Act for simple Possession of a Controlled Substances (PCS) such as Cocaine, Ecstasy, Methamphetamine, is punishable by 1 day in the County Jail up to 99 years in Prison, or Life in Prison with the possibility of Parole, and/or from $1.00 up to $250,000.00 in fines.

This wide range of punishment is based on the type of controlled substance which determines the Penalty Group, and the weight of the controlled substance found in your possession or in some instances the number of units of the controlled substance.

Other significant consequences to a conviction for Possession of Controlled Substances (PCS) are:

  • The suspension of your Driver’s License
  • Becoming ineligible to receive Student Loans and Grants.

How do you defend a drug charge?

There are three ways to defend a drug case: (1) the substance is not an illegal drug; (2) the drugs are not your drugs; (3) the drugs were found as a result of an illegal search or seizure.

How much time can I get for my possession charge?

First, determine your Penalty Group (PG). You are either a PG-1, PG-1A, PG-2, PG-2A,PG-3, or PG-4.

Second, use your PG and the weight of the Controlled Substance, or the units of Controlled Substance to find the Class of Misdemeanor, or Degree of Felony for your Drug Charge.

Third, your Class of Misdemeanor, or Degree of Felony. This will tell you the maximum fine amount, and the minimum and maximum amount of jail time or prison time for your possession charge.

Example: You were arrested for possession of cocaine weighing 0.5 grams, which is equal to about half a packet of sugar. In the first table you will find that cocaine is a PG-1 Controlled Substance. In the second table you find that less than 1 gram of cocaine equals a State Jail Felony. In the third table will find that the punishment for a State Jail Felony is a maximum fine of $10,000.00 and/or 6 months to 2 years in the State Jail.

Class/Degree of Drug Charge for Weight or Units of Controlled Substance by Penalty Group


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