Unlawful Possession of a Controlled Substance

Unlawful possession of a controlled substance is a complex area of the law, but conviction for this crime can come with severe penalties that can include prison time, fines, and loss of property. Chris Abel has a proven history of successfully defending his clients against allegations of unlawful possession, overzealous prosecutions, and arrests.

Controlled Substance Law In Texas

All states control the possession of controlled substances, and Texas dictates its rules through the Texas Controlled Substances Act. Unlawful possession of a controlled substance is defined as actual care, control, custody, or management of the drugs in question. Simply being in the same room as a controlled substance, even if you know that it is present, is not enough to charge you with possession.

Penalties for Unlawful Possession

The penalties for unlawful possession of a controlled substance vary depending on the penalty group of the drug, the quantity, and whether you have a prior criminal history. Under the Texas Health and Safety Code, the penalties for unlawful possession can include:

Penalty Group 4

  • Less than 28 grams – Class B Misdemeanor, up to 180 days in jail and/or fine up to $2,000
  • Between 28 and 200 grams – Felony of the third degree, between two and 10 years in prison and/or fine up to $10,000
  • Between 200 and 400 grams – Felony of the second degree, between two and 20 years in prison and/or fine up to $10,000
  • More than 400 grams – Felony of the first degree, between five and 99 years in prison and/or fine up to $50,000

The penalties increase according to the penalty group and amount, and at the highest level punishment can include:

Penalty Group 1

  • Less than one gram – state jail felony, between 180 days and two years in prison and/or fine up to $10,000
  • Between one and four grams – felony of the third degree, between two and 10 years in prison and/or fine up to $10,000
  • Between four and 200 grams – felony of the second degree, between two and 20 years in prison and/or fine up to $10,000
  • Between 200 and 400 grams – felony of the first degree, between five and 99 years in prison and/or fine up to $100,000
  • More than 400 grams – enhanced felony of the first degree, between 10 and 99 years in prison and/or fine up to $100,000

In addition, conviction for unlawful possession of a controlled substance can result in your driver’s license being suspended for six months. The police also have the right to seize any property like your car, boat, or home that they claim was used in the commission of a drug crime.

Substance Abuse Felony Punishment Program In Denton and Tarrant County

The Substance Abuse Felony Punishment Program (SAFP) is an intense treatment program for probation or parolees that need treatment for substance abuse. The program can last up to 12 months depending on the rate of recovery. It involves an initial stage in prison where the person goes through orientation, treatment, and relapse prevention. The next step involves a stay at a transitional treatment center, followed by outpatient treatment.

Speak to a Controlled Substance Defense Attorney Today

Even a simple possession charge can come with serious penalties that can permanently affect your personal and professional life. If you or a loved one has been charged with the unlawful possession of a controlled substance in Denton County or the Tarrant County area, let Chris Abel defend you against overzealous prosecution of this crime. Call or contact us today to schedule an initial consultation.