Few states have laws against drug possession that are as tough as Texas’s. State lawmakers in Texas have implemented severe penalties for any individual caught with a controlled substance. Anything from marijuana to more dangerous drugs like fentanyl can lead to lifelong consequences in San Antonio.
If you are facing a drug possession charge in San Antonio, do not hesitate to enlist the help of an experienced drug crimes lawyer. San Antonio drug possession defense lawyer Sophia C. Martinez has defended Texans facing drug possession charges for over 25 years. Over the years, Attorney Martinez has successfully resolved numerous criminal cases, and she is ready to use her unparalleled experience to defend your charges.
What are the Penalty Groups for Controlled Substances in San Antonio, Texas?
The Drug Enforcement Administration (DEA) and The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, regulate controlled substances nationwide in the United States. However, some states, like Texas, have chosen to create their own standards for drug regulations. Chapter 481 of the Texas Health and Safety Code divides controlled substances into penalty groups, each with their own sentencing requirements. The penalty groups are as follows:
Penalty Group 1
Possession of Group 1 drugs carry the most severe penalties of all of the penalty groups. Substances in this group are considered the most dangerous and include opiates and opium derivatives. Group 1 drugs include:
- Cocaine
- Fentanyl
- Heroin
- Hydrocodone (over 300 mg)
- Ketamine
- Lysergic acid diethylamide (LSD),
- Methadone
- Methamphetamine
- Opium
- Oxycodone
If you are caught in possession of any of the above drugs, it is imperative you have the help of trusted attorney Sophia C. Martinez to assist with your defense case.
Penalty Group 2
This group is for hallucinogenic substances, such as:
- Amphetamine
- Ecstasy
- Mescaline
- Methaqualone
- Mushrooms
- Psilocybin
- THC (wax/oil)
While these drugs may not be considered as dangerous as those in Penalty Group 1, they still hold hefty penalties if individuals are caught in possession of these substances.
Penalty Group 3
This group covers drugs that have a potential for abuse, including:
- Anabolic steroids
- Clonazepam
- Hydrocodone (under 300 mg)
- Lorazepam
- Ritalin
- Valium
- Xanax
More information about the potential consequences for all groups of possession can be found in the section below.
Penalty Group 4
This group comprises mixtures or compounds of a limited number of narcotics and active medical ingredients, such as codeine in Tylenol. Nearly all of the substances in group 4 have a medical purpose and little risk of dependency.
Marijuana
Classified in a group by itself, a marijuana possession conviction in Texas has the potential to put away an individual for life. While many states are working to reform their marijuana laws, Texas remains stagnant. Even today, possession of any amount of marijuana can land you time behind bars.
How are Drug Possession Crimes Penalized in San Antonio, Texas?
Penalties for drug crimes in San Antonio vary greatly. The penalty group in which a controlled substance is found is not the only factor considered when doling out sentencing for drug possession. The amount of the drug found in possession and other considerations will also be used to determine the severity of penalties.
Sentences can range from 180 days in jail and a fine of $2,000 to life imprisonment and a fine of up to $50,000. Anyone convicted of drug possession in Texas will also be subject to a mandatory six-month driver’s license suspension. Depending on your current citizenship status, a conviction for drug possession could also result in deportation.
Since no two drug possession cases are exactly alike, you will need to discuss your case with an experienced San Antonio drug possession defense lawyer in order to get a more accurate picture of your possible penalties.
Common Defenses for the Possession of Prescription Drugs in San Antonio
Prescription drugs are any type of drug that must be prescribed by a medical professional for a person to legally be in possession of the substance. These drugs are often prescribed to patients to alleviate pain, help them recover from an illness, or various other reasons. However, despite these substances being relatively easy to obtain, unless prescribed by a doctor, a person caught in possession of these drugs can face serious consequences. Some common defense strategies for prescription drug possessions cases include the following:
- The accused was not aware that their medication was considered a controlled substance
- The accused may present a valid prescription for the drug to the court
Each defense strategy is not a one-size-fits-all. In fact, each unique case will require a personalized approach to pursue the best outcome. With the help of San Antonio drug possession defense lawyer Sophia C. Martinez, she can help you understand what your next best steps will be in building your defense after being charged with possessing prescription drugs in San Antonio.
Contact a San Antonio Drug Possession Defense Attorney
Individuals facing charges for drug possession in San Antonio can feel especially disregarded by the Texas judicial system. Do not allow yourself to become just another case number. When you put San Antonio drug possession defense Attorney Sophia C. Martinez in your corner, she will exhaust every legal avenue to make sure your rights are protected. Her goal is to have your drug possession charges reduced or, in some cases, dismissed completely. She is a former assistant district attorney with over 25 years of experience, and she has what it takes to help you.
Contact Sophia Martinez Law today to schedule a free, confidential evaluation of your drug possession case and learn more about the potential defense strategies Attorney Martinez may be able to use to defend your case. Call (210) 226-3000 or complete a contact form to request more information about how Attorney Martinez can help you.