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First Time Offense Possession Controlled Substance Texas
First Time Drug Possession Charges In TX
People charged with a drug crime in Texas face steep penalties even if they are first-time offenders. Repeat drug offenders face steeper penalties. The severity of these penalties can also vary depending on whether you were caught in possession of small amounts of marijuana or were arrested for manufacturing large amounts of cocaine.
However, Texas is more lenient with first-time offenders because of the new laws that give first-time offenders a break. An experienced drug case lawyer can answer questions you might have.
Types Of Drug Crimes
First Time Offender Possession Of Controlled Substance
Every year more than 120,000 Texans are charged with drug crimes. First-time offenders often have a better chance for parole or lighter sentences, but they still have to worry about a drug crime conviction being added to their records. The following are some drug-related crimes:
- Possession of controlled substance
- Possession with the intent to manufacture
- Possession of drug paraphernalia
- Distribution of a controlled substance
- Diversion of a controlled substance
- Possession Of Drug Paraphernalia
Drug paraphernalia means instruments or items designed specifically for drug use. They may include normal household items that are repurposed for drug use. But in most cases, they include bongs, scales, syringes, rolling papers, planting pots, plastic bags, smoking pipes, and more.
First-time offenders face being charged with a Class C misdemeanor, a fine, and some community service. Repeat offenders risk spending a year in county jail.
Possession Of A Controlled Substance
First Time Offender Felony Drug Charge Texas
People found with a controlled substance in their property or on their person can be charged with possession of a controlled substance. Controlled substances are substances that are outlawed by the Texas Controlled Substances Act. These drugs are categorized into six drug penalty groups but marijuana is excluded from these groups.
First-time offenders’ conviction can be determined by the penalty group their drug is included in and the volume of the controlled substances they had in their possession. Penalties include a maximum of 180 days and thousands of dollars in fines. But these penalties can be extreme if the first-time offender is found with a large amount of controlled substances.
Possession With Intent To Manufacture
Texas First Time Offender Felony Charge Act
Possession with the intent to manufacture is considered worse than possession in Texas and comes with extreme consequences. You are not allowed to possess a drug during the manufacture and distribution process. People can spend up to 2 years in prison for being found with less than a gram of a controlled substance. First-time offenders caught with 400 grams of a controlled substance face up to 99 years in prison and large fines.
Diversion Of Controlled Substance
1st Offense Drug Possession
Doctors and nurses are allowed to legally handle and administer controlled substances. But when a doctor or nurse illegally prescribes large amounts of a controlled substance, they may face criminal charges. First-time offenders can face between 2 to 20 years in prison and a maximum amount in fines if the drug they diverted was a schedule 1 drug.
First-time offenders can be charged with a misdemeanor and face a maximum of 180 days in prison if the drug they diverted was a prescription drug that is not on the federal drug schedules.
Distribution Of Controlled Substance
Drug Bust Houston TX
This involves delivering a controlled substance to another person with or without many changing hands. The consequences are similar to those of possession with intent to manufacture.
I had a almost empty THC vape pin coming back from cal 0.002 and got a 4 year probation in ok so I took spin my self to go to rehab I had center call Po but for some reason thy put a warnt out for me for not reporting wile was in rehab
That should be an easy fix. Once you have proof they should be willing to remove the warrant and reinstate your probation.
My husband has a medical marijuana card, but was caught with a dab pen and less than a oz. Of flower we live in Florida but he was truck driving in Tx he goes to court this week what will most likely happen?
hello my name is Christy I’m a 49 year old with the first time offense being charged with possession of a controlled substance less than a gram and position of Xanax misdemeanor class a. I’m offered 3 years of deferred adjudication and $1,000 fine for a possession of methamphetamine less than a gram back in May of 2021 my first offense ever and my life I also have a class a misdemeanor for possession of Xanax I don’t know what the sentence is for that yet these are charges that I’m still going to court for I go to felony court next Thursday just wanted to get some insight and see if this sounds fair I know it sounds a lot better than 2 years in jail or prison cuz I wouldn’t survive that
Hi Christy. Unfortunately. it is impossible for me to tell you if that is a good deal or not without knowing everything about your case.
I got in a roll over accident, and got my truck and purse searched. I was up front about having weed on me, but had forgotten that I had less than a gram of controlled substance m on me as well. Charged with more than 1g but less than 4g. First time ever being in trouble. The state trooper was rude and they had to be talked into taking me to the hospital. I had to be cut out of the truck with the jaws of life after being stuck upside for 30 mins. As soon as I got pulled out I was taking to the side and immediately giving a sobriety test. They tried to handcuff my hands behind my back but had to cuff me in the front. After having scans done on my torso and head, results said I sprained elbows and pinched nerves in my neck causing my hands to be numb. I’m not to sure what to ask here but any input or advice would be greatly appreciated.
Hi Samantha, if this case is in the Houston area and you are still needing help feel free to reach out to me at 713-222-2828. There is a lot going on here, and things that appear that may help you.
Can a police officer in texas find a controlled substance in a vehicle, you prove by phone call that the stuff is not yours. The law let’s you go then later say if you don’t give us (police) someone we will turn the case in on you. Never went to jail until 16 months later because I would turn informant. Less than a gram???
It depends on how it all happens. It is hard to say without knowing more information. If this case is in the Houston area and you are still looking for help feel free to give me a call at 713-222-2828.
Good evening, my name is Kristian Roberts. I’m 24 years old. I’m writing this regarding a situation that I recently found out about. I have a charge of drug paraphernalia and another charge for failure to pay/show up in court. The thing is I was unaware about the charge though. I recently found out because I was trying to renew my drivers license and they would allow me to do so because of a charge that I had based on a situation that occurred over 10 months ago. I’m just now finding out about it. The municipal court gave me the information of stapes that I need to take to get this resolved. However they want to have 180/90 day probation as a requirement in order to keep the offense off my record. I truly feel as if it’s unnecessary for me to go through the probation period if I’m willing to pay the fine and do the other things. In addition I’m aiming to go join the Military this upcoming January. I’m asking what can I do to still go into Basic training with out having to deal with the full probation. In addition, I don’t live in the area anymore. I’m in a whole different city which is over 3 hours away from there.
Hi Kristian,
My 17yr old son was pulled over and got arrested for having a cart and was charged as a felony. I would like a consultation if possible.
I was arrested in June 2021 for poss of marij and poss of controlled substances (weed gummies and. tea), I completed a pre-trial diversion agreement for the marij case but have not heard anything about the other charge? Is it possible they are only moving forward with the marij charge since it has been over a year now or should I still be worried about the controlled substance charge? I also live out of state in CA where it is legal and have never been in trouble with the law before this.
My son was 17 years old and charged with possession of a controlled substance less than a gram third-degree felony in a drug free zone in Texas and we are worried about what his outcome will be, does anybody and any idea what to expect? Also he is a first time offender.
My 17yr old son has the same exact situation. Did you ever get an answer or an outcome?
I am a first time offender and was charged P C/S PG 2 >= 4G<400G in Paris, TX. I am from Dallas but was taking a vacation to Oklahoma with friends and we took shrooms. I did admit to all those shrooms being mine as I was scared. I am a first time offender with a good background of having a degree + volunteering + continuing school. What are the chances I will serve time or potential outcomes?
I’m involved in a similar case involving possession of mushrooms. I’m in the process of making a counter offer with the courts. If you have a lawyer ask them to get you differed adjudication. It will keep your record clean if you complete the terms of your probation period.
Hi,
I got charge with possession of meth more than a gram and less than 4gram. Its my first time offense and I have no criminal history or record before. I got 3 kids and wife who cannot work cause she is studying for residency. I myself planning to get into Physician Assistance and already got BA in computer science. What are my options here? Trying my best to avoid jail time cause I cant afford to go in jail. Having a record will also completely ruin my life of course.
I was pulled over and my friend (not anymore) had 9 grams of meth on him but he threw it on the floor of my car under his legs I’m a first time offender what are the chances I get probation?
Can a posession of a controlled substance charge on a person’s record ever be expunged or sealed after a period of time after pleading guilty or no contest, and not opting for deferred adjudication?
The offense date was Feb 2016, conviction/plea date was Sep of 2017 and having this one time mistake on my record has caused me and my family a great deal of stress and difficulty.