A person commits an offense of possession of a controlled substance if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, 2, 3, or 4, 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.
Each penalty group has an extensive list of common and uncommon drugs and each group has its own level of penalties. Penalty Group 1 and Penalty Group 2 have the maximum punishment range that includes the possibility of receiving a 1st degree felony, while Penalty group 3 and Penalty Group 4 could allow a misdemeanor charge. <Marijuana> has its own elements and punishment.
Additionally, upon final conviction of drug offenses, a person’s driver’s license is automatically suspended for 180 days by the Texas Department of Public Safety. TxDPS also requires a drug education program that must be completed within the 180 day suspension.
If you have been charged with possession of a controlled substance, a commissioned peace officer has claimed that you knowingly or intelligently possessed a controlled substance in penalty group 1, 2, 3, or 4, and without a legal exception. The offense of possession of a controlled substance has a few main elements that a prosecutor (State of Texas) will have to prove beyond a reasonable doubt:
The exact language of this law, further details, and additional punishment concerns can be found in section 481.115, 481.1151, 481.116, 481.117, and 481.118 of the Texas Health & Safety Code [Chapter 481 – Texas Controlled Substances Act] (see Links). None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.
Contact us directly to discuss your criminal case with a member of our team.