Possession the a controlled Substance in Texas is a fee that can have a wide selection of classifications. In Texas, regulated Substances are governed through the Texas Health and also Safety Code, or the Texas regulated Substances Act. Managed substances in Texas are separated into Penalty group classifications. Each Penalty team has a perform of substances, who possession is punished by group.

You are watching: Poss cs pg 3 < 28g

Penalty group 1 (PG1)

Penalty team 1(PG1) substances room those that bring the harshest penalty in Texas. Castle are provided in the Texas Health and also Safety Code, also known as the Texas controlled Substances Act. Few of the PG1 medicine that room the most common are Cocaine, Heroin, Rohypnol, Morphine, Fentanyl, Oxycodone, Powder/Raw Opium, and also Methamphetamine. Friend can find the entire list under thing 481 that the Texas Health and Safety Code.

What Is The feasible Jail Time for Penalty team 1 (PG1)?
WeightPossessionPenaltyManufacture DeliverPenalty
rd degree Felony2-10yrs TDC as much as $10,0002nd level Felony2-20yrs TDC approximately $10,000
4g-200g2nd degree Felony2-20yrs TDC as much as $10,0001st degree Felony5-99yrs TDC approximately $10,000
200g-400g1st level Felony5-99yrs TDC as much as $10,0001st degree Enhanced10-99yrs TDC approximately $100,000
>400g1st degree Enhanced10-99yrs TDC up to $100,001st degree Enhanced10-99yrs TDC approximately $100,000

Penalty group 2 (PG2)

Penalty team 2 (PG2) consists of drugs like Adderall, Ecstacy, THC Oil, Wax, Dabs, and also Mescaline. As with PG1, over there is a long list of substances that loss into each Penalty group category.

What Is The feasible Jail Time because that Penalty team 2 (PG2)?
WeightPossessionPenaltyManufacture DeliverPenalty
rd degree Felony2-10yrs TDC up to $10,0002nd degree Felony2-20yrs TDC approximately $10,000
4g-400g2nd level Felony2-20yrs TDC as much as $10,0001st level Felony5-99yrs TDC approximately $10,000
>400g1st degree Felony5-99yrs TDC approximately $10,0001st level Enhanced10-99yrs TDC up to $100,000

Penalty team 3 (PG3)

Penalty group 3 (PG3) has drugs prefer Ritalin, Xanax, Peyote, and also Anabolic Steroids. Just like PG1, over there is a lengthy list of building material that autumn into every Penalty team category.

What Is The possible Jail Time because that Penalty group 3 (PG3)?
WeightPossessionPenaltyManufacture distribution PG3/4Penalty
rd degree Felony2-10yrs TDC as much as $10,0002nd degree Felony2-20yrs TDC approximately $10,000
200g-400g2nd degree Felony2-20yrs TDC up to $10,0001st level Felony5-99yrs TDC as much as $10,000
>400g1st degree Felony5-99yrs TDC approximately $50,0001st degree Enhanced10-99yrs TDC as much as $100,000

Are Dabs, Wax, Or THC Oil Illegal In Texas?

Yes. In truth all are taken into consideration Penalty team 2 (PG2) building material in Texas. Many civilization think that placing a Dab in a Dab Rig is no various than utilizing the yes, really flower or plant marijuana. The penalty for possession of Dabs, Wax, or THC oil is much better than tree marijuana in Texas.

Do I need A Lawyer If ns Haven’t to be Indicted Or charged By info After mine Arrest?

The quick answer is YES. If you were arrested with a regulated substance in your automobile or on her person, the is a issue of time prior to you room formally charged. Don’t think the “they forgot around my charges” because it takes some time before you acquire the notice. Some counties don’t formally charge you with DWI until after 15 work from your arrest….Hint: your driver’s patent is automatically suspended 15 days after her arrest if you don’t inquiry an governmental License Revocation (ALR) hearing. Some counties, specifically smaller ones, have actually a slower procedure for presentation to a cool Jury than larger counties. The sooner you call a Criminal Defense attorney in a Possession of regulated Substance or Manufacture/Delivery of managed Substance case, the better!

Can You get My drug Possession case Dismissed?

At Leo & Oginni trial Lawyers, our goal in every instance is a dismissal. However, no attorney deserve to guarantee or promise girlfriend a dismissal. Just the prosecutor have the right to dismiss a case; not the Judge, not a probation officer, and also definatly no a Criminal Defense Lawyer. The first way to try and acquire a dismissal of a drug possession charge is to an obstacle the legality of just how the drugs to be found. In many cases, this is done by having a Suppression Hearing whereby a activity to Suppress is heard in court. At a Suppression hear in a traffic stop case, we will argue that there was an illegal traffic prevent that caused the discovery of the drugs. If the regulated substance was found in a home or on your person, we will look carefully at any 4th Amendment violation (illegal search and also seizure) the may have occurred.

If girlfriend or a love one has actually been arrested because that Possession the A controlled Substance, visit united state online in ~ www.ubraintv-jp.com or just give us a speak to at (346) 571-1578. Allow the Criminal Defense Attorneys at Leo & Oginni trial Lawyers evaluate your instance forFREE! We will let friend know exactly how we can aid and overview you through the process of defending your rights.

How perform You defend A Possession Of controlled Substance Case?

There space a few defenses obtainable to shot and win a medicine charge. The an initial is the the drugs were just found since of one illegal search and seizure. As soon as an illegal search was conducted, generally, anything the was discovered as a an outcome of the search is not admissible in court. This is additionally known as the fruit that the poisonous tree doctrine.

Another defense, if a traffic stop was involved, is that the officer short probable reason to traction the driver over and also conduct a traffic protect against to begin with. This generally is identified during a motion to Suppress hearing where a referee will determine whether the traffic stop was valid or not.

See more: How Many Ounces Can Your Stomach Hold, How Much Food Can A Child Stomach Hold

Depending on the situations of the case, we might additionally be able come argue that you were not in possession the the drugs. This can take place when there room drugs in a vehicle, but you go not know they to be in there.

Can us say the the medicine were no real?

Probably not.... That is an old school discussion that does no work lot today. Nowadays, drugs are sent out to a rap for analysis using Gas Chromatography and a fixed Spectrometer. These are both really high tech and also accurate when supplied together. So, speak the weed in the baggies is in reality Earl Grey tea, the cocaine is flour, and also the ecstasy pills room Tums, normally will not work.

Possession that a controlled Substance (PCS)PCS w/Intent to DeliverManufacture, Delivery, or Manufacture v the will to provide a regulated Substance