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Drug Possession

Aanlegal > Other Practice area  > Criminal Defense > Drug Possession

Drug Possession

 

Depending on the amount and the type of substance that is found in your possession, you could face a range of serious penalties if convicted. For example, possession of less than 1 gram of a Group 1 drug such as cocaine or heroin is a felony that could result in state jail felony penalties of up to 2 years in jail and up to $10,000 in fines. If you are charged with possession of 400 grams or more of a Group 1 drug, which is an enhanced 1st degree felony, then you could face up to 99 years in prison and a fine of up to $10,000. What most people don’t know is that a conviction of any type of drug offense will also result in a suspension of you driver’s license. The consequences of a drug offense can be detrimental to not only your personal but your professional life as well.

 

Drug Possession

Possession of small amounts of certain controlled substances will lead to a felony charge. Even if you are facing misdemeanor possession charges, the penalties can still include fines, jail time, and court-ordered drug rehabilitation programs.

 

Marijuana

Marijuana has a range of penalties based upon the amount allegedly in your possession. The crime of selling marijuana can incur much more severe penalties depending on the amount sold. If it’s anything beyond a low threshold amount, then expect a charge of possession with intent – a felony offense. Charges related to cultivation or trafficking the most serious penalties, including time in state prison.

If you are charged with possession of 2 ounces or less of marijuana, then you will face misdemeanor penalties of up to 180 days in jail and up to $2,000 in fines. If you are charged with possession of more than 2,000 pounds, then you will face felony penalties of up to 99 years imprisonment and up to $50,000 in fines for if convicted. Also, if the drug is sold to a minor, then the crime automatically becomes a felony regardless of the amount sold. In addition, any conviction of a drug offense will result in a suspension of your driver’s license no matter the amount allegedly in possession.

 

Cocaine

Charges related to possession, distribution or sales of cocaine are punished very heavily in Texas; cocaine has been designated as one of the most dangerous controlled substances with imposed penalties of years in prison even for a relatively small amounts.

  • Penalties for possession of less than 1 gram of cocaine will result in state jail felony penalties of up to 2 years in jail and up to $10,000 in fines. If you are charged with 400 grams or more of crack cocaine possession, an enhanced 1st degree felony, then the penalty is up to 99 years in prison and up to $10,000 in fines.

 

Drug Sales

The most heavily punished drug crimes are those that involve the sale of controlled substances, and when children are involved the penalties are enhanced even further.

  • The sale of illegal drugs and controlled substances – drug trafficking, – can also include manufacturing, delivering, and the import or export of drugs across state lines as well as within the state itself. These drug offenses include prescription drugs and medications without prescriptions, in addition to illegal narcotics and other street drugs.
  • Typically, a person convicted for the sale and/or distribution of illegal drugs will face harsher penalties than drug possession, but that will depend upon the amount of drugs that are alleged to have been in your possession, or control. A large amount would indicate a possible intention to sell, and will be assumed by the prosecutor. Penalties also increase for illegal drug activity near schools or churches. Any conviction, however, can result in jail or prison time, fines and a criminal record. In Texas, it is possible to receive drug rehabilitation as an alternative to sentencing, but this is by no means guaranteed.
  • Penalties for trafficking drugs range from 180 days in jail all the way to life in prison with fines up to $250,000; not only this, but a felony conviction on your criminal record will reduce your options for employment, schooling, and place restrictions on some of your basic rights of a U.S. citizen, including voting and owning firearms.

 

Ecstasy

Possession, manufacture, and/or delivery of this Penalty Group 2 controlled substance is a felony offense; the smallest of amounts can lead to years in jail, large fines, and then life after release as a convicted felon.

 

PENALTIES FOR ECSTASY POSSESSION

If you face this charge, then this means you are being charged with knowingly possessing MDMA. The penalties vary according to the amount that you are said to have possession of:

  • Less than 1 gram is a state jail felony. Possession of less than 0.04 ounces of ecstasy can land you in jail for 180 days up to 2 years. A judge may also fine you up to $10,000.
  • 1 gram or more but less than 4 grams is a third degree felony offense. This entails at least 2 years in prison, and you could get up to a 10-year prison sentence. There can also be up to $10,000 in fines.
  • 4 grams but less than 400 grams is a second degree felony, and 400 grams is only 14.1 ounces, less than 1 pound. This means 2 to 20 years in prison, plus up to $10,000 in fines.
  • 400 grams or more is a first degree felony. This can lead to as much as a life sentence. If not, then you face at least 5 years in prison, and up to 99 years. You may also be fined up to $50,000.

 

MANUFACTURE OR DELIVERY OF ECSTASY: POTENTIAL PENALTIES

These charges are more serious than even possession charges, and even possession with intent to deliver will land you with the same penalties as drug delivery. Again, penalties are based on how much you are charged with intentionally manufacturing or trafficking:

  • Less than 1 gram of this Penalty Group 2 substance is a state jail felony. This will land you in state jail for a minimum of 180 days, and for up to 2 years. You also face up to $10,000 in fines.
  • 1 gram or more but less than 4 grams is second degree felony. Four grams is only 0.14 ounces. Manufacturing this fractional amount of ecstasy can mean 2 to 20 years in prison, and up to $10,000 in fines.
  • 4 grams or more but less than 400 grams is first degree felony. For the delivery of less than one pound of ecstasy, you could get a life sentence, or you may get 5 to 99 years in prison. The maximum fine is still $10,000.
  • 400 grams or more is a first degree felony with increased penalties. This means at the very least 10 years in prison, and up to $100,000 in fines.

 

Manufacturing

The cultivation or manufacture of a controlled substance is always a felony offense, no matter how much of the drug there is, though penalties do vary according to the amount involved. Some charges can even lead to a life sentence, and any conviction will carry some time in jail or prison.

 

Prescription Drugs

  • There is increasing law enforcement attention, and harsher punishments for , on prescription drug crimes, including illegal possession, fraudulent prescriptions, doctor shopping, and sales of a variety of drugs including Oxycontin, Xanax, Ritalin, and other mind-altering prescription medications.
  • Possessing prescription drugs illegally for personal use and/or sale is a serious crime due to the consequences severe misuse can have on individuals, from acting irrationally or even violently to being rendered incapable of safely driving your vehicle.
  • Prescriptions can be forged or altered to change the quantity of the drug prescribed. Most alarmingly, drugs can be illegally obtained via the internet. Another common tactic of criminals is to shop around for different doctors, obtaining prescriptions from each, or even get prescription drugs from other family members or friends.
  • Penalties for prescription drug crimes vary depending on which drug is involved and the quantity. Penalties can range from time in jail to 20 years in prison with fines up to $10,000; then you have to live the life of a convicted felon, which will cause serious problems in the areas employment, school enrollment, gaining a professional license, and obtaining loans.

Do not face these charges alone – contact the Aqrawi & Nguyen Law Firm, PLLC today at 1-844-LAW-2121 to be represented by a qualified criminal defense attorney.