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How To Beat A Possession of Prescription Drugs Charge: A Former Prosecutor Explains! (2022)

Arrested in Texas? Get a Free Case Analysis: https://www.criminalattorneyfortworth... Free Guides: What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworth... Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworth... What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworth... How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworth... Yes, if you do not have a valid prescription in your name. Under Texas Controlled Substances Act, it is illegal to intentionally or knowingly exercise care, custody or control over prescription medication labeled under a Penalty Group designated under Texas drug laws. In other words, if you are in possession of a controlled substance that is a prescription medication and you do not have a valid prescription from a licensed medical provider, you have committed a crime that will result in your arrest and possible jail time and a tainted criminal record. Penalty Groups for Prescription Drugs in Texas Texas Health and Safety Code, Section 481 et seq., lists four separate penalty groups (PG) for controlled substances. The most common prescription drugs fall into one of these groups. Group 1 carries the most severe penalty. Group four is the most lenient. Penalties for Possession of a Controlled Substance Penalty Group One are: • State Jail Felony: Possession for less than one gram requires a minimum of six months in prison and up to two years in a state jail facility. The court may impose a sentence of up to two years and a fine of up to $10,000. • 3rd Degree Felony: Possession of a controlled substance weighing more than one gram, but less than four grams, requires a prison sentence of at least two years and up to 10 years with the possibility of a fine up to $10,000. • 2nd Degree Felony: Possession of a controlled substance weighing more than four grams, but less than 200 grams, the prison sentence will be between two and 20 years with the possibility of a fine up to $10,000. • 1st Degree Felony: Possession of a controlled substance weighing 200 grams but less than 400 grams, requires a prison sentence of five to 99 years in prison with a fine up to $10,000. For possession of 400 grams or more, there is a minimum mandatory sentence of 10 years and may be up to 99 years in prison. A fine of up to $100,000 may also be imposed. Possession of a Controlled Substance - Penalty Group Two (PG-2) Drugs in this group include: • Amphetamines. • Destroamphetamine (Adderall). Penalties are: • State Jail Felony: The same as for PG-1 mentioned above. • 3rd Degree Felony: The same as for PG-1 mentioned above. • 2nd Degree Felony: Possession of four grams but less than 400 grams carries a prison sentence of between two and 20 years and a potential fine of up to $10,000. • 1st Degree Felony: If more than 400 grams, a sentence may be imposed between five and 99 years or life in prison with a fine up to $50,000. Possession of a Controlled Substance - Penalty Group Three (PG-3) Drugs in this group include: • Anabolic steroids. • Hydrocodone under 300 mgs. • Lorazepam. • Ritalin. • Valium. • Xanax. Penalties include: • Class A Misdemeanor: Possession of a controlled substance weighing less than 28 grams. A penalty of up to one year in the county jail may be imposed with a fine up to $4,000. • 3rd Degree Felony: Possession of a controlled substance weighing 28 grams, but less than 200 grams, requires a minimum sentence of two years and may be up to 10 years and a fine of up to $10,000. • 2nd Degree Felony: Possession of 200 grams but less than 400 grams, mandatory two years in prison up to 20 years and a fine of up to $10,000. • 1st Degree Felony: Possession of 400 grams or more is punishable by a term of five to 99 years or life in prison and a fine of up to $50,000. Possession of a Controlled Substance – Penalty Group Four (PG-4) This penalty group includes prescription drugs that have a low potential for abuse. As a result, the Texas Legislature has minimized the punishment range for possession of these drugs. Prescription drugs in this penalty group include drugs like morphine or cough syrup with codeine or opium. • Class B Misdemeanor: Possession of a controlled substance weighing less than 28 grams may result in a jail sentence of up to 180 days in jail and a fine of up to $2,000. 00:00 How To Beat A Possession Of Prescription Drugs Charge In Texas 02:11 Is It Illegal To Possess Prescription Drugs Without A Prescription? 03:08 Prescription Drugs 03:30 Prescription Drugs Group 1 05:36 Prescription Drugs Group 2 06:37 Prescription Drugs Group 3 07:57 Prescription Drugs Group 4 08:41 Getting Arrested In A School Zone 09:10 Defenses To A Possession Of Prescription Drugs Charge