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An individual came up to me today and inquired about the offense of "Possession of a Controlled Substance." I told him the punishment can very depending up on what the alledged substance was, and how much alledgedly the individual is accused of having.

Controlled substances in TX are divided into 4 penalty groups, and each group has a different penalty.

For example, less than 1 gram of a substance in penalty group 1 will land you a state jail felony. 1-4 grams a 3rd degree. 4-200 grams a 2nd degree felony. And 200 - 400 grams a 1st degree felony. Anything over 400 grams will get you anywhere between 10-99 years or life in prisin, and a $100,000 fine.

The types of substances that can be found in penalty group 1 are things like cocain, crack, and meth. Check out the health and safety code section 481.115 for more info.

Be careful out there, and always remember to remain silent.

J. Julio Vela

Categories: Criminal Defense
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