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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?
Hey i got a question and was just wondering what could possibly be my outcome at this I got charged with man del cs pg 2 I’m 17 years old and a first time offender I was pulled over for a supposedly not coming to a full stop
I went to jail for possession of a controlled substance less than a gram. I have court in two days. I relapsed yesterday. I’m scared I won’t pass my drug test. If I don’t, what will happen to me?
Nothing will be happen .. they will put u on colors .and all depends upon ur criminal history
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.
Cart is a controlled substance since the chemical composition has been altered sucks if first offense try and get a 30 day rehabilitation bid lot better then deferred probation for couple years
Just happened to 17 yr old two days ago would you mind sharing your outcome?
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.
My name is Tricia and I had warrant in Tarrant county and I wasn’t involved with the report that my fiance and his friend was doing the officer invade my fourth admidment rights and I would have never went to jail and I was carrying a meth pipe for someone and a less than a gram of meth and I forgot the stuff was in my brawl and I never had drug charge in Johnson county and I never been to jail in Johnson county before and never got a drug charge before would I go to prison if it my first time charge
Hi my name is maria fraustoI have a ? Back in 2018 my son was arrested a in erath co. Tx t my home , for drugs an indangering a child 2 charges he had 11 grams of meth on him nothing else a few pills maybe, ok and he does not have any back ground criminal history never been on probation , this was his first chatges. He hired his own lawyer , for those charges they offered him 30 yrs , and then 13 yrs the lawyer wouldn’t take that so they gave him8 TDC time why couldn’t probation been offered to him if his lawyer got all charges dropped but 1 charge delivery of controlled substance
My adult son has an addiction problem brought on by his service in the Marines during the wars. He was involved in a non-injury accident here in North Houston. He was the only vehicle involved, and he totaled his car. The officers found him intoxicated, walking down the center stripe of the roadway. A search incident to arrest produced a small amount of cocaine in his pocket. He was charged with DWI-3rd offense and POSS CS PG1 <1G. His bond was $7,000, and he lost his driving privileges. Since then, I've kept him on a very short leash, but as the court nears, he's becoming increasingly agitated and thinking of pleading guilty and taking whatever the district attorney offers. I learned today that he wants to fire the attorney I hired for him. I would imagine that if he took whatever is provided, that would most likely include jail time. He refuses to go to rehab on his own. I'm at my wit's end, but I still love him. Can you provide an example of a range of punishments he could expect if he didn't try to negotiate a plea bargain? I'm thankful he didn't hurt anyone or himself, and I know that unless he's forced into a mandatory program, it's only a matter of time before he does. Thank you for any insight, Mr. Benavides.
my wife is a nurse who can prescribe drugs.
Three years ago a friend of hers sent a text asking if she could take one of her xanax.
My wife said yes but then called in her prescription. She didn’t physically hand the xanax over.
My wife says she only said “yes” because she knew there weren’t any xanax left.
The other person is now threatening to expose my wife.
Can my wife get in trouble for this?
Hi, my name is Sylvia and I was charged with having a controlled substance in a syringe that was filled with 30 cc of water and 10 cc of heroin so I don’t know I have 40 cc oh this happened late of 2023 and recently went to court about this recently I was given four years of probation which started right then and there that or me go to jail for over a week so I want to head and took the probation having to pay or cost in lawyer I hired my own lawyerand the first time I went to court. She said it was a continuance and told me to come back at a later date so that’s what I did and another continuance or thisbut this last time was different this last time I thought I was going again for another continuance, but that was not the case at all ! This time I was told I was being arrested after sitting in the courtroom for over an hour. My lawyer finally showed up and asked me what I was doing, and I looked at her with a stunned face, and said, inm being arrested, aren’t we here for another continuance. She said to me know you’re being taken into custody. I said to her I know, but why ?For a week because I revoked on my bond not sure exactly how…. this was my first time ever getting in trouble with the law never even had a speeding ticket, so I had nothing on my record. I was new to all of this. Didn’t know what to expect what to do anything I made a wrong choice that night. and clearly I wasn’t thinking straight back in 2023 within a six month period I lost my youngest brother that sent me into a deep depression he was brutally, murdered by two individuals and no charges were pushed against the people that did it to him, and no charges are pending yet I lost my best friend and her son that made my depression, even worse, who were shot by her ex and then later pulled the gun on himself, and lost my two fur babies, when I had over 20 years and the other I had over 10. There are no words to describe the pain and heartache. I felt which I seem to be still dealing with today. This is my last hope is getting any sort of advice I can get from anyone and what I can do because I know there’s something at least I can help the issue I’m running into is I’ve signed the court paperwork but I haven’t met up with my probation officer yet it’s my first meeting with her is tomorrow July 18, 2024. Not sure if she can do anything about this or not, I just pray something good will come out of everything that’s happened holding onto that little bit of faith that I have left. I’m gonna leave it in gods hands from this point forward I had for a very long time that’s a lot of stuff for one person to go through and I know it was the wrong choice on my end for having that on me I certainly learned my lesson. but I don’t think I should be punished for the punishment they gave me because the court documents said I had 1 g of heroin on me. I did not have that at all and I don’t know why they said i did I did not have again the syringe was filled to 40 cc 30 cc of water and 10 cc of heroin. I had nothing else on me with the again court documents say I had over a gram and I after being home for a couple of days I looked at the paperwork. I’m not sure it said what I was being charged with sent me into tears again which seem to be happening every day now ! I know I made the wrong choice that night and I’m taking full responsibility for it ! I’m just worried since I already signed the paperwork. I feel like I’m kind of stuck with this. I pray to God I’m not, but I don’t know. So does anyone know if there’s something I can do about this? all of this happened in tx Tarrant County any advice, anyone can give me I will be forever grateful and thank you to everyone who took your time out of your day to read it, and it was long but I just wanted everyone to know what happened