Fort Worth Prescription Drug Charges Defense Lawyer

Tarrant County, Texas Possession of Controlled Substance & Prescription Drugs Defense Attorney

Possession of prescription drugs or a controlled substance can result in misdemeanor or felony charges against you if you do not have a valid prescription for them. Even something as innocent as a friend giving you a couple of Vicodin that were prescribed to them, for you to use in an instance of having some severe pain yourself, can result in you being charged for possession.  If you have been arrested for possession of prescription drugs, it is extremely important to retain the services of an experienced controlled substance charge lawyer.

The penalties for possession and trafficking of prescription drugs are the same as for other controlled substances. If convicted, the sentence you will receive depends on the specific drug and the amount of it you allegedly possessed. Texas has some of the harshest penalties for prescription drug possession in the U.S. You could be facing many years in prison for possession of just a few pills.

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.

Penalty Group One (PG-1)

Prescription drugs in this group include:

  • Dilaudid/Hydromorphine Hydrochloride.
  • Oxycodone/OxyContin.
  • Hydrocodone if over 300 mg.
  • Lorcet.
  • Lortab.
  • Percocet.
  • Percodan.
  • Vicodin.

Penalties are:

  • State Jail Felony: Possession for less than one gram requires a minimum of six months in jail. The court may impose a sentence of up to two years and a fine of up to $10,000.
  • 3rd Degree Felony: Possession for 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 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 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. A fine of up to $100,000 may also be imposed.

Penalty Group Two (PG-2)

Drugs in this group include:

  • Amphetamines.
  • Destroamphetamine (Adderall).

Penalties are:

  • State Jail Felony: The same as for PG-1.
  • 3rd Degree Felony: The same as for PG-1.
  • 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.

Prescription Group Three (PG-3)

Drugs in this group include:

  • Anabolic steroids.
  • Hydrocodone under 300 mgs.
  • Lorazepam.
  • Ritalin.
  • Valium.
  • Xanax.

Penalties are:

  • Class A Misdemeanor: Possession for 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 for 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.

Penalty Group Four (PG-4)

These have a low potential for abuse and include things like morphine or cough syrup with codeine or opium.

  • Class B Misdemeanor: Possession of 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.

Penalties for other amounts are the same as the penalties for PG-3 violations.

Enhanced Penalties

If the offense occurred in a school zone or a weapon was involved, penalties will be enhanced one level. Also, if you have prior felony convictions, the court will increase the penalty that otherwise would have been imposed.

Contact a Controlled Substance Defense Lawyer Immediately

Even in situations where you feel like you haven’t committed a crime and were merely trying to alleviate some pain or anxiety, the courts will see it as possession and and charge you accordingly.  Don’t give up one minute of your freedom for an innocent mistake by trying to fight the charges alone.  Contact an aggressive prescription drug defense attorney right away if you have been charged with possession of a controlled substance without a prescription.  The Hampton Law Firm will fight diligently to ensure the best possible outcome for you, and your continued freedom.