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.