Controlled Substance

Being arrested, jailed, and charged, for a criminal offense related to drug possession in Galveston is a serious matter. Depending on the circumstances of your case in particular, the kind and amount of drugs involved, talking with attorney Tad Nelson, or another equally lawyer in Galveston with experience fighting drug possession allegations, may be the best decision you can make when dealing with such life changing events.

Crimes involving the possession of drugs in Texas carry a range of sentencing possibilities depending on the types of drug in the possession of the accused, and the quantity of the controlled substance involved in the case.

Controlled Substances/Illegal Drugs fall under a handful of distinct categories based on their perceived dangers and propensity for addiction. The list below offers a clear guideline as to how different drugs are divided among the drug penalty groups.

Penalty Group 1 – Cocaine, Heroin, Meth (also known as Crystal Meth), GHB, Ketamine, Oxycodone and Hydrocodone.
Penalty Group 1A – covers lysergic acid diethylamide (LSD), including its salt products, isomers, and salts of isomers.
Penalty Group 2 – Ecstasy (MMDA), PCP, Mescaline, Hashish, Mecloqualone and others.
Penalty Group 3 – Valium, Xanax and Ritalin, Methylphenidate, Phenmetrazine, Glutethimide, Nordiazepam, and others.
Penalty Group 4 – Compounds containing Dionine, Butorphanol, Motofen, Buprenorphine or Pryovalerone.

The above listed substances, respective to their penalty groups, are only a small snippet of the substances covered by said penalty groups. For more information about drug crimes offenses involving exotic narcotics, and their respective penalty groups, feel free to contact Galveston drug crimes lawyer Tad Nelson by using the contact form or by calling 409-765-5614.

Penalty Group 1

Quantity Criminal Classification Penalty if Convicted
Less than 1 Gram State Jail Felony Up to 2 yrs. prison – $10K Fine
1-3.99 Grams 3rd Degree Felony 2-10 yrs. prison – $10K Fine
4-199 Grams 2nd Degree Felony 2-20 yrs. prison – $10K Fine
200-399 Grams 1st Degree Felony 5-99 yrs. prison – $10K Fine
Over 400 Grams Enhanced 1st Degree Felony 10-99 yrs. prison – $100K Fine

Penalty Group 1A

Quantity Criminal Classification Penalty if Convicted
Less than 20 Units State Jail Felony 180D to 2 yrs. prison – $10K Fine
20-80 Units 3rd Degree Felony 2-10 yrs. prison – $10K Fine
80-4000 Units 2nd Degree Felony 2-20 yrs. prison – $10K Fine
4000-8000 Units 1st Degree Felony 5-99 yrs. prison – $10K Fine
8000+ Units Enhanced 1st Degree Felony 15-99 yrs. prison – $250K Fine

Penalty Group 2

Quantity Criminal Classification Penalty if Convicted
Less than 1 Gram State Jail Felony 180D – 2 yrs. prison – $10K Fine
1-3.99 Grams 3rd Degree Felony 2-10 yrs. prison – $10K Fine
4-399 Grams 2nd Degree Felony 2-20 yrs. prison – $10K Fine
Over 400 Grams Enhanced 1st Degree Felony 5-99 yrs. prison – $50K Fine

Penalty Groups 3 & 4

Quantity Criminal Classification Penalty if Convicted
Less than 28 Grams Class A Misdemeanor Up to 1 yr prison – $4K Fine
28-200 Grams 3rd Degree Felony 2-10 yrs. prison – $10K Fine
200-400 Grams 2nd Degree Felony 2-20 yrs. prison – $10K Fine
Over 400 Grams Enhanced 1st Degree Felony 5-99 yrs. prison – $50K Fine

Additional Drug Possession Penalties

  • In cases involving large amounts of drugs there may be some tax consequences as a result of civil penalties which may be applied to your case. If the statute is enforcement then the defendant will need to pay taxes on the drugs involved in your case.
  • The Texas Code of Criminal Procedure also allows for the phenomenon known as “asset forfeiture seizure” which is a nice way of saying the police have the right to take ownership of your property if they “feel” the property was used or “intended” to be used during a felony drug offense. This could mean losing your automobile, home, or other property assumed to be involved in a drug enterprise in any way including storage and transport. You do not have to be found guilty to have your assets seized as the asset forfeiture law is a matter of civil litigation.
  • The suspension of your Texas Drivers’ License for a period of at least six months is mandatory for individuals convicted of any criminal offense which violates the Texas Controlled Substances Act.

Possession of Drug Paraphernalia

Possession of drug paraphernalia offenses are normally Class C Misdemeanor criminal offenses while a criminal offense of distributing, or attempting to distribute, illegal drug paraphernalia items may result in a Class A Misdemeanor criminal offense. The maximum penalty for such an offense is up to 1 year in jail and a fine of up to 500.00.

Contact Galveston Lawyer Tad Nelson Today

The State of Texas must prove their allegations beyond a reasonable doubt in the court of law. If law enforcement violated your Constitutional Rights in any way during your arrest or during the coarse of any criminal investigation that may have occurred, we may be able to get the State’s evidence suppressed or get your case dismissed altogether.

Galveston criminal law attorney Tad Nelson has over 25 years of experience engaging in criminal defense litigation in related to drug related criminal offenses on behalf of his clients. As a “Board Certified” criminal law expert, it means that Galveston criminal justice lawyer Tad Nelson has been vetted and endorsed by a specified number of criminal defense lawyers and criminal court judges, in conjunction with extensive testing, prior to being certified in criminal law by the Texas Board of Legal Specialization.

If you need to talk with Tad Nelson, call 409-765-5614.

Penalties For Drug Possession in Texas