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Possession of a Controlled Substance

PCS in Texas Feb. 1, 2023

In Texas, possession of a controlled substance refers to the possession, manufacture, or delivery of a drug that is prohibited or regulated by state or federal law. Controlled substances in Texas include a wide range of drugs, including marijuana, cocaine, heroin, methamphetamine, and prescription drugs that are obtained illegally or used for non-medical purposes.

The penalties for possession of a controlled substance can vary depending on the type and amount of the drug, and whether the person has any prior criminal record. The Texas Controlled Substances Act divides controlled substances into Penalty Groups, with each group having a different level of penalty depending on the substance and the quantity.

Possession of a controlled substance is generally considered a criminal offense and can result in a fine, jail or prison time, or both. The punishment ranges from a Class C misdemeanor up to life in prison, depending on the substance and the amount of the drug.

For example, possession of less than 1 gram of a Penalty Group 1 substance, such as heroin, can be charged as a state jail felony, which is punishable by 180 days to 2 years in state jail and a fine of up to $10,000. Possession of a greater amount of the same substance can be charged as a first-degree felony and punishable by life or from 5 to 99 years in prison and a fine of up to $50,000.

It's important to note that possession of a controlled substance is a serious criminal offense, and a conviction can have significant consequences beyond the fines and jail time, such as difficulty finding employment, difficulty finding housing and difficulty obtaining loans. As always, the law can change and it is always wise to check for the latest information and consult with a lawyer for specific cases.

In summary, Possession of a controlled substance in Texas refers to the possession, manufacture, or delivery of drugs that are prohibited or regulated by state or federal law. Penalties for possession of a controlled substance can vary depending on the type and amount of the drug and prior criminal records, and can range from fines to life in prison. Conviction can have severe consequences beyond fines or jail time and it's important to consult a lawyer for specific cases.