Possession of a Controlled Substance
Fort Worth Possession of a Controlled Substance Lawyer

Possession of a Controlled Substance (Drug Possession)

Texas Health and Safety Code § 481.002(38) defines possession as “actual care, custody, control, or management.” A person allegedly exercising care, custody, and control over an illegal drug will typically be charged with possession of a controlled substance offense, a crime often referred to as “simple possession.”

Make no mistake, there is nothing simple about criminal charges for any kind of drug crime. Certain possession offenses are misdemeanors, but possession of larger amounts of drugs or certain types of controlled substances may result in felony charges.

Possession of Controlled Substance

Fort Worth Possession of a Controlled Substance Lawyer

If you or your loved one were arrested for alleged possession of a controlled substance in Fort Worth, you do not want to delay in finding legal representation. Make sure that you hire an experienced attorney.

The Law Offices of Richard C. McConathy has handled thousands of drug possession cases in Tarrant County. Our firm can review your case when you call (817) 422-5350 or contact us online to receive a free consultation.

Drug Possession Charges in Tarrant County

Controlled substances are classified into Drug Penalty Groups under the Texas Controlled Substances Act. Criminal charges in drug possession cases often depend on the Penalty Group a controlled substance is classified under, and the Penalty Groups include such drugs as:

●      Penalty Group 1, Texas Health and Safety Code § 481.112 — Methamphetamine, Hydrocodone, Gamma-Hydroxybutyric Acid [GHB],  Cocaine, Heroin, Oxycodone, and other opiates

●      Penalty Group 1-A, Texas Health and Safety Code § 481.1121 — Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds

●      Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Amphetamine, Methaqualone, Psilocybin [mushrooms], and other hallucinogens

●      Penalty Group 3 or 4, Texas Health and Safety Code § 481.114 — Secobarbital, Lorazepam, Zolpidem, Alprazolam, Lysergic acid, including its salts, isomers, and salts of isomers, Medazepam, Clonazepam, Tetrazepam, Clorazepate, Pentobarbital, Diazepam, Ketazolam, Fludiazepam, Halazepam, and Flurazepam

Possession of a Controlled Substance Penalties in Texas

Drug crimes in Texas are classified according to the specific Penalty Group that a controlled substance is classified under. Under Texas Health and Safety Code § 481.115, it is an offense for a person to knowingly or intentionally possess a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

Penalty Group 1 drug possession charges are as follows:

Texas Health and Safety Code § 481.1151 establishes that it is an offense for a person to knowingly possess a controlled substance listed in Penalty Group 1-A. Penalty Group 1-A drug possession charges are as follows:

Under Texas Health and Safety Code § 481.116, it is an offense for a person to knowingly or intentionally possess a controlled substance listed in Penalty Group 2. Penalty Group 2 drug possession charges are as follows:

Texas Health and Safety Code § 481.1161 establishes that it is an offense for a person to knowingly possess a controlled substance listed in Penalty Group 2-A. Penalty Group 2-A drug possession charges are as follows:

Under Texas Health and Safety Code § 481.117, it is an offense for a person to knowingly or intentionally possess a controlled substance listed in Penalty Group 3. Penalty Group 3 drug possession charges are as follows:

Texas Health and Safety Code § 481.118 establishes that it is an offense for a person to knowingly possess a controlled substance listed in Penalty Group 4. Penalty Group 4 drug possession charges are as follows:

Drug Possession Defenses in Fort Worth

Drug possession may be either actual possession cases or constructive possession. Actual possession involves drugs found on an alleged offender’s person while constructive possession usually involved drugs being discovered in an area with shared access by multiple parties.

Police may charge a person with drug possession when the controlled substance actually belonged to another person. Another common defense in these cases concerns how police discovered the drugs, as an illegal search and seizure could be used to suppress any evidence in your case.

Fort Worth Possession of a Controlled Substance Resources

Criminal District Attorney | Tarrant County, Texas — The Criminal Division of the Tarrant County Criminal District Attorney’s Office is the largest Division of the Office, and is charged with the responsibility to investigate and to prosecute criminal allegations. Visit this website to learn more about felony and misdemeanor offenses. You can also find information about the deferred prosecution program.

Tarrant County District Attorney’s Office

Tim Curry Criminal Justice Center

401 W. Belknap St.

Fort Worth, TX 76102

(817) 884-1400

Challenge of Tarrant County | Fort Worth, TX — Challenge of Tarrant County was founded in 1984 and is dedicated to confronting substance abuse by identifying needs, educating the community, mobilizing resources, promoting collaboration, and advocating for sound public policy. Visit this website to learn more about the organization’s education and advocacy efforts. Also find information on the Prevention Provider Coalition and Treatment Provider Coalition.

Law Offices of Richard C. McConathy | Fort Worth Drug Possession Attorney

Were you or your loved one arrested for alleged possession of a controlled substance in Fort Worth or a surrounding community in Tarrant County? You will want to retain legal counsel as soon as possible.

Make sure you contact the Law Offices of Richard C. McConathy. Call (817) 422-5350 or contact us online to schedule a free consultation.

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