photo of Richard Richard C. McConathy
Law Offices of Richard C. McConathy
109 York Ave #207
Weatherford , TX , 76086 USA
(817) 458-3226

This hCard created with the hCard creator.

Law Offices Of Richard C. McConathy


Possession of a Controlled Substance

Possession of a Controlled Substance (Drug Possession) Attorney

Drug possession is a common crime in Texas in general because many people carry drugs on their person without thinking about the possible legal consequences of the possession. In many cases, drugs are found by police during searches of motor vehicles (possibly in connection to drugged driving arrests).

The severity of drug possession cases depends on a number of factors, including the Penalty Group that a drug is classified under and also the amount of the drug the alleged offender was in possession of. Even minor drug possession convictions can still have very long-lasting consequences for people.

Possession of a Controlled Substance
Possession of a Controlled Substance

Weatherford, TX Possession of a Controlled Substance Lawyer

If you were arrested for alleged drug possession in Carrollton, Weatherford, McKinney, or a surrounding area of Parker County in Texas, you are going to need a strong legal voice on your side. Let the Law Offices of Richard C. McConathy be that voice in the courtroom for you, as we have a record of success with many drug possession cases in Texas.

Our firm regularly defends people accused of drug crimes in Parker County and we can fight to win these cases. We will take a longer look at your case and help you understand what options you have when you call (817) 458-3226 or contact us online to receive a free consultation.

Drug Possession Charges in  Parker County

Texas Health and Safety Code § 481.101 establishes that for the purpose of establishing criminal penalties for violations of Chapter 481, otherwise known as the Texas Controlled Substances Act, controlled substances, including a material, compound, mixture, or preparation containing the controlled substance, are divided into Penalty Groups 1 through 4. Under Texas Health and Safety Code § 481.102 Penalty Group 1 includes:

  • Heroin
  • Morphine
  • Oxycodone
  • Hydrocodone
  • Opium
  • Cocaine
 

Penalty Group 1-A is solely reserved for lysergic acid diethylamide (LSD), also known as acid. The drug is measured in abuse units rather than grams.

Penalty Group 2 includes synthetic drugs that mimic other controlled substances. These include, but are not limited to:

  • Synthetic THC 
  • Mescaline
  • MDMA
  • Phenylacetone
 

Penalty Group 2-A consists of any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance, including its salts, isomers, and salts of isomers, listed by name in this subsection or contained within one of the structural classes defined in this subsection. It includes cannabinol derivatives, except where contained in marihuana, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:

  • Nabilone
  • HU-210
  • HU-211
 

Penalty Group 3 includes:

  • Anabolic steroids
  • Xanax
  • Lorazepam
  • Pentazocine or Lysergic acid amide
  • Nalorphine 
  • Peyote
  • Barbital
  • Dextropropoxyphene 
 

Penalty Group 4 includes:

  • Compounds and mixtures with small amounts of codeine
  • Compounds and mixtures with small amounts of opium
  • Certain compounds or mixtures containing the narcotic drug Buprenorphine or Butorphanol or pyrovalerone
 

Possession of Substance in Penalty Group 1 Penalties in Weatherford, TX

Under Texas Health and Safety Code § 481.115, a person commits an offense if they knowingly or intentionally possess a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

  • State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the amount is less than 1 gram
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the amount is 1 gram or more but less than 4 grams
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the amount is 4 grams or more but less than 200 grams
  • First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000 if the amount is 200 grams or more but less than 400 grams
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount is 400 grams or more
 

Possession of Substance in Penalty Group 1-A Penalties in Parker County

Texas Health and Safety Code § 481.1151 establishes that possession of a controlled substance listed in Penalty Group 1-A is punishable as follows:

  • State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the number of abuse units of the controlled substance is fewer than 20
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the number of abuse units of the controlled substance is 20 or more but fewer than 80
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000
  • First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000 if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.
 

Possession of Substance in Penalty Group 2 Penalties in Weatherford, TX

Under Texas Health and Safety Code § 481.116, possession of a substance in Penalty Group 2 is punishable as follows:

  • State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the amount is less than 1 gram
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the amount is 1 gram or more but less than 4 grams
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the amount is 4 grams or more but less than 400 grams
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
 

Possession of Substance in Penalty Group 2-A Penalties in Parker County

Texas Health and Safety Code § 481.1161 establishes that possession of a substance in Penalty Group 2-A is punishable as follows:

  • Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000  if the amount is 2 ounces or less
  • Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000 if the amount is 4 ounces or less but more than 2 ounces
  • State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the amount is 5 pounds or less but more than 4 ounces
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the amount is 50 pounds or less but more than 5 pounds
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the amount is 2,000 pounds or less but more than 50 pounds
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds.
 

Possession of Substance in Penalty Group 3 Penalties in Weatherford, TX

Under Texas Health and Safety Code § 481.117, possession of a drug in Penalty Group 3 is punishable as follows:

  • Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000 if the amount is less than 28 grams
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the amount is 28 grams or more but less than 200 grams
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the amount is 200 grams or more but less than 400 grams
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
 

Possession of Substance in Penalty Group 4 Penalties in Parker County

Texas Health and Safety Code § 481.118 establishes that possession of a substance in Penalty Group 4 offenses are punishable as follows:

  • Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000 if the amount is less than 28 grams
  • Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the amount is 28 grams or more but less than 200 grams
  • Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 if the amount is 200 grams or more but less than 400 grams
  • Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
 

Possession of Miscellaneous Substances Penalties in Weatherford, TX

Under Texas Health and Safety Code § 481.119(a), a person commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000, except that the offense is:

  • a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000, if the person has been previously convicted of an offense under this subsection; or
  • a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000, if the person has been previously convicted two or more times of an offense under this subsection.

Texas Health and Safety Code § 481.119(b) establish that a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000.

Drug Possession Resources

DWI/Drug Court – Parker County — Visit this website to learn more about the DWI/drug court in Parker County. Learn more about qualifiers and disqualifiers. You can also find a mission statement and benefits.

Roberson v. State, 80 S.W.3d 730 (2002) — A jury convicted Stanley Bruce Roberson of possession of cocaine weighing 4 grams or more but less than 200 grams. The jury then found an enhancement paragraph alleging prior felony theft convictions to be true and assessed punishment at 33 years in prison. In the first of his three points of error, Roberson challenged the legal sufficiency of the evidence presented during the guilt/innocence phase of trial. The Court of Appeals of Texas wrote that the State presented a collection of potential linking factors that, even when viewed together in the light most favorable to the verdict, did not create the logical force necessary to allow a rational juror to find, beyond a reasonable doubt, that appellant had knowledge of the presence of cocaine. The Court of Appeals reversed the judgment and rendered a judgment of acquittal.

Find a Weatherford, TX Possession of a Controlled Substance Attorney | Law Offices of Richard C. McConathy

Were you arrested anywhere in Parker County for an alleged drug possession offense? Do not wait another moment to contact The Law Offices of Richard C. McConathy.

Our firm is ready and able to help you overcome your criminal charges, and we will work tirelessly to make sure you are able to achieve the most favorable possible outcome. You can have us examine your case and answer all of your questions when you call (817) 458-3226 or contact us online to schedule a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

“A law is valuable, not because it is a law, but because there is right in it.”

henry ward beecher
0/5 (0 Reviews)