Possession of a Controlled Substance

If law enforcement in Texas finds that a person exercised care, custody, and control over an illegal drug, it will typically result in that individual being arrested and charged with a possession of a controlled substance offense—often referred to as “simple possession.” Despite the namesake, any kind of criminal charges relating to drug possession carry very serious consequences.

Possession is defined under Texas Health and Safety Code § 481.002(38) as “actual care, custody, control, or management.” The amount of a controlled substance allegedly possessed as well as the type of controlled substance determines whether the alleged drug possession will be charged as a misdemeanor or felony offense.

Attorney for Possession of a Controlled Substance in Conroe, TX

Were you recently arrested in Montgomery County or Harris County for allegedly possessing an illegal drug? Do not say anything to authorities without legal counsel present. Contact Evans & Powell, PLLC today.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent clients accused of drug crimes in communities all over Montgomery County and Harris County, such as Oak Ridge North, Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, Porter Heights, and many others. Allow our attorneys to provide a complete evaluation of your case by calling (936) 622-2000 to schedule a free initial consultation.


Montgomery County Possession of a Controlled Substance Information Center


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Texas Possession of a Controlled Substance Charges

Under the Texas Controlled Substances Act, drug possession crimes are charged according to the specific Penalty Group that a controlled substance has been classified under. Possession of a controlled substance offenses are graded based on Penalty Groups and amounts involved.

Possession of a Controlled Substance in Penalty Group 1

Texas Health and Safety Code § 481.115 makes it an offense for a person to knowingly or intentionally possess a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. Penalty Group 1 includes oxycodone, heroin, cocaine, methamphetamine, and gamma hydroxybutyric acid (GHB). Possession of a Controlled Substance in Penalty Group 1 crimes are graded as follows:

Amount

Classification

Incarceration

Fine

Less than 1 gram

State Jail Felony

Up to two years in state jail

Up to $10,000

1 gram or more but less than 4 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

4 grams or more but less than 200 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

200 grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of 10 years up to 99 years or life in prison

Up to $100,000

Possession of a Controlled Substance in Penalty Group 1-A

Under Texas Health and Safety Code § 481.1151, an alleged offender commits an offense if he or she knowingly possesses a controlled substance listed in Penalty Group 1-A, which includes lysergic acid diethylamide (LSD) and its analogs. Possession of a Controlled Substance in Penalty Group 1-A crimes are graded as follows, based on the number of units:

Amount

Classification

Incarceration

Fine

Fewer than 20 units

State Jail Felony

Up to two years in state jail

Up to $10,000

20 or more units but fewer than 80 units

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

80 or more units but fewer than 4,000 units

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

4,000 units or more but fewer than 8,000 units

First-Degree Felony

Up to 99 years or life in prison

Up to $10,000

8,000 or more units

First-Degree Felony

Minimum of 15 years up to 99 years or life in prison

Up to $250,000

Possession of a Controlled Substance in Penalty Group 2

Texas Health and Safety Code § 481.116 makes it an offense for a person to knowingly or intentionally possess a controlled substance listed in Penalty Group 2, which includes phencyclidine (PCP) and 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly). Possession of a Controlled Substance in Penalty Group 2 crimes are graded as follows:

Amount

Classification

Incarceration

Fine

Less than one gram

State Jail Felony

Up to two years in state jail

Up to $10,000

1 gram or more but less than 4 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

4 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 2-A

Under Texas Health and Safety Code § 481.1161, it is a criminal offense for an alleged offender to knowingly possess a controlled substance listed in Penalty Group 2-A, which includes materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance. Possession of a Controlled Substance in Penalty Group 2-A crimes are graded as follows:

Amount

Classification

Incarceration

Fine

Less than 2 ounces

Class B Misdemeanor

Up to 180 days in jail

Up to $2,000

2 ounces or more but less than 4 ounces

Class A Misdemeanor

Up to one year in jail

Up to $4,000

4 ounces or more but less than 5 pounds

State Jail Felony

Up to two years in state jail

Up to $10,000

5 pounds or more but less than 50 pounds

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

50 pounds or more but 2,000 pounds or less

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

More than 2,000 pounds

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 3

Texas Health and Safety Code § 481.117 makes it an offense for an alleged offender to knowingly or intentionally possess a controlled substance listed in Penalty Group 3, which includes methylphenidate (Ritalin), zolpidem (Ambien), diazepam (Valium), and alprazolam (Xanax). Possession of a Controlled Substance in Penalty Group 3 crimes are graded as follows:

Amount

Classification

Incarceration

Fine

Less than 28 grams

Class A Misdemeanor

Up to one year in jail

Up to $4,000

28 grams or more but less than 200 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

200 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 4

Under Texas Health and Safety Code § 481.118, a person commits an offense if he or she knowingly possesses a controlled substance listed in Penalty Group 4, which includes compounds, mixtures, or preparations containing limited quantities of narcotics. Possession of a Controlled Substance in Penalty Group 4 crimes are graded as follows:

Amount

Classification

Incarceration

Fine

Less than 28 grams

Class B Misdemeanor

Up to 180 days in jail

Up to $2,000

28 grams or more but less than 200 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

200 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000


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Montgomery County Possession of a Controlled Substance Resources

District Attorney of Montgomery County — The District Attorney prosecutes felony and misdemeanor offenses committed in Montgomery County. Visit this website to learn more about the district attorney’s office, including its legal services bureau, trial bureau, and special crimes bureau. You can also find answers to frequently asked questions.

Montgomery County District Attorney
207 W. Phillips, 2nd Floor
Conroe, TX 77301
(936) 539-7800

Stop Drugs Montgomery County — The City of Conroe and numerous law enforcement agencies in the area created this website to allow the public to submit anonymous drug crime tips and wanted drug fugitive tips. The website identifies its primary goals as educating Montgomery County residents and businesses about the threat of illegal drug activity in the Montgomery County area and providing a means for them to report criminal activity anonymously; assisting parents and guardians in identifying indicators of illegal drug use and providing information about prevention services available in the Montgomery County area; and informing young people about the dangers and consequences of using illegal drugs. You can submit an anonymous tip on this website and also view the statuses of drug crime tips and drug fugitive tips.


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Evans & Powell, PLLC | Conroe Possession of a Controlled Substance Defense Lawyer

If you were arrested for allegedly possessing an illegal drug anywhere in Montgomery County or Harris County, it is in your best interest to quickly seek legal representation. Evans & Powell, PLLC defends individuals in Woodbranch, Patton Village, Pinehurst, Splendora, Magnolia, Willis, and several other surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can determine if police have violated your constitutional rights during your arrest, and will fight to possibly get the criminal charges minimized or eliminated. Call (936) 622-2000 or fill out an online contact form to have our lawyers review your case and discuss all of your legal options during a free, confidential consultation.



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