Drug offenses are serious crimes which could result in several consequences. An individual could face prison time, an extensive probation sentence, and a suspended driver's license. Being arrested for possession, manufacturing, or delivering drugs likely requires quality representation, a strong defense and experience with these types of crimes.
CONTROLLED SUBSTANCES & PENALTY GROUPS
Under our criminal system, most drugs are commonly referred to as a Controlled Substance. Law enforcement and lawmakers have placed different drugs into separate categories of Controlled Substances known as Penalty Groups. Dependent on the group, the weight of the drugs involved, and the facts alleged when being charged with a drug offense, the criminal charge could range from a Class B Misdemeanor to a 1st Degree Felony. The Texas Controlled Substances Act is very detailed and continuously updated.
The Texas Controlled Substance Act is continuously updated. Different drugs are being introduced into the world frequently. Common drugs in Penalty Group 1, which would result in felony charges, are cocaine, methamphetamine, heroin, and phencyclidine (PCP). Penalty Group 2 substances also fall into the category of a felony regardless of weight just like Penalty Group 1 substances. Penalty Group 2 controlled substances include tetrahydrocannabinol (commonly known as THC oil/wax), amphetamines such as Adderall and Vyvanse, and 3-4 methylenedioxymethamphetamine (MDMA). Penalty Group 3 and 4 controlled substances could result in misdemeanor or felony charges dependent on the amount alleged at the time of the offense.
MARIJUANA IN TEXAS
Marijuana is still illegal in Texas. In its plant form, Marijuana is assigned its own Penalty Group. It's important to know that the derivatives from marijuana, commonly known as “oils” or “wax” is assigned to Penalty Group 2, resulting in a felony level substance. Considering the plant form of marijuana, charges could result in a misdemeanor or felony dependent on the weight. Anything below four ounces will result in misdemeanor charges. Once the weight alleged exceeds four ounces, the criminal charges will result in a felony. If there are accusations of delivery, the level of offense could be enhanced.
DEFENSES & LEGAL REPRESENTATION
The defenses are endless when being charged with drug possession. Not only is a defense important, but on occasion, basic factors and circumstances exist that led to criminal charges involving illegal drugs. These mitigating factors are important and should be known. Legal representation from a qualified and experienced criminal attorney is essential. Contact the Law Office today to discuss your case. Anthony can be reached at 713-242-8917 or by using the contact form on this site.