Drug possession is probably the most common type of offenses charged in Texas. The type of drug and the amount possessed are the two most important factors in determining the severity of the offense charged
Elements
To prove the offense of possession of a substance in Penalty Group 2 under section 481.116 of the Texas Health and Safety Code, the prosecutor must prove:
A Person;
Knowingly or intentionally;
Possesses
A controlled substance in Penalty Group Two.
Substances included:
Penalty group 2 includes, Ecstasy, PCP, mescaline, Marinol, and Tetrahyrdracannibol (“THC”, but not marijuana) and synthetic THC.
Penalties for Possession of a substance in
The quantity possessed at the time of arrest dictates the level of offense.
If the person possesses less than one gram the offense is a state jail felony, which is punishable by between six months and two years in a state jail and a fine not to exceed $10,000.00
Possession of between 1 gram and less than four grams is a third degree felony, which is punishable by between 2 and 10 years incarceration and a fine not to exceed $10,000.00.
Possession of 4 grams or more but less than 400 grams is a second-degree felony, which is punishable by between 2 and 20 years incarceration and a fine not to exceed $10,000.00.
Possession of 400 grams or more of a substance in Penalty Group 2 is a felony of the first degree, and is punishable by 5 to 99 years incarceration or life incarceration and a fine not to exceed $50,000.00.
Possession of a controlled substance cases are common, but that does not mean they are easy to handle. The defense of these cases involves complex issues of science and law. If you would like to discuss your case, and begin working on your defense, call Brian J. Newman immediately at 817-231-0023.
