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Law Offices of Bailey Michell & Mark Thorne-Thomsen
Home
Criminal Defense
  • Drug Possession
  • Marijuana Defense
  • Assaults
Case Results
About Us
Contact Us
More
  • Home
  • Criminal Defense
    • Drug Possession
    • Marijuana Defense
    • Assaults
  • Case Results
  • About Us
  • Contact Us

  • Home
  • Criminal Defense
    • Drug Possession
    • Marijuana Defense
    • Assaults
  • Case Results
  • About Us
  • Contact Us

Drug Possession Charges

Drug Possession

 Whether you were caught with a little bit of weed or several grams of methamphetamine (“meth”), heroin, or any other drug, it is important to hire attorneys in Fort Worth and Dallas who understand not only the law but the chemistry behind these drugs.


The punishment for possession of drugs can be severe and potentially impact you for decades. Therefore, you need to hire Dallas and Fort Worth drug attorneys who are experts when it comes to possession of meth, possession of heroin, possession of ecstasy (MDMA), or possession of marijuana.

What does "possession" Mean?

  

Under Section 481.002 of the Texas Health and Safety Code—otherwise known as the Texas Controlled Substances Act—“possession” of a drug is defined as the “actual care, custody, control, or management” of said drug. Many people believe that “possession” means drugs that you physically holding or that you have placed in your pocket. However, that is not the case. The definition of drug “possession” is broad and allows cops to charge you with possession of a drug if they find the drug within your vehicle, purse, or home even if the drug is not within your arm’s reach.


To simplify, there are two types of possession: (1) actual possession—direct, physical possession, such as holding drugs in your hand or pocket; and (2) constructive possession—the drugs are in an area that you have custody, control, or management of, such as a home, car, or purse.


Although the law allows police to broadly charge you for drug possession, experienced attorneys, like us, know that there are constitutional and mental requirements that must be met before any charge is filed. That is why it is important to call an experienced Fort Worth drug possession attorney today.


Contact our Fort Worth Drug possession attorneys today to discuss your case and options.

TYPES OF DRUGS: MARIJUANA, PENALTY GROUPS, & DANGEROUS DRUG

 The punishment for drug possession depends on whether the drug is marijuana or falls within a specific “Penalty Group”. 


Currently, Texas has classified all illegal drugs into nine separate Penalty Groups (PG1, PG1-A, PG1-B, PG2, PG-2A, PG-3, PG4, Dangerous Drugs, and Marijuana). 


The punishments are much higher for certain Penalty Groups, such as Penalty Group 1, based on their effects and whether the drug is considered more dangerous than others. 

Marijuana

Marijuana, or weed or pot, refers to the plant or flower material of Cannabis Sativa L. It excludes THC concentrates, such as edibles, vape cartridges, wax, rosin, and tinctures.

Possession of Penalty Group 1 (POCS PG1)

Penalty Group 1 commonly includes: cocaine, heroin, methamphetamine, ketamine, opium, and GHB.

Possession of Penalty Group 1A (POCS PG1-A)

Penalty Group 1-A commonly includes lysergic acid diethylamide, or "LSD".

Possession of Penalty Group 1B (POCS PG1-B)

Penalty Group 1-B is a new Penalty Group specific to fentanyl and its derivatives.

Possession of Penalty Group 2 (POCS PG2)

Penalty Group 2 commonly includes: Mescaline, MDMA--or Molly or Ecstasy, Tetrahydrocannabinols--or "THC" in its condensed or concentrated form, Amphetamine salts such as Adderall, Psilocybin or Mushrooms, and PCP or angel dust.

Possession of Penalty Group 2A (POCS PG2A)

Penalty Group 2-A is specific to synthetic marijuana, otherwise known as spice or K2.

Possession of Penalty Group 3 (POCS PG3)

Penalty Group 3 commonly includes: Anabolic steroids, diazepam--known as Valium, alprazolam--known as Xanax, methylphenidate--known as Ritalin, peyote, and Salvia Divinorum--or Salvia for short.

Possession of Penalty Group 4 (POCS PG4)

Penalty Group 4 commonly includes codeine, opium, and morphine in small amounts and within medicinal values.

Dangerous Drugs

If you have been charged with possession of dangerous drugs, it means that you possess a drug only obtainable with a prescription and that you failed to provide a prescription for it.

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