Controlled substances are any substance that the United States regulates, and can range from marijuana to cocaine and heroin, to misused prescription drugs, and a variety of others. These drugs are named in the DEA Drug Schedules, and depending on their schedule, carry a variety of penalties and charges. If you are arrested for possession of a controlled substance, your charges state that you were in possession of the drugs, but were not attempting to traffic or deliver them. If you were to be charged with delivery or trafficking of a controlled substance, your charges would come with significantly greater penalties.
During your initial consultation, you will have the opportunity to discuss your charges, the circumstances of your arrest, and the penalties you are facing, as well as have the opportunity to learn about how the team at Cole Paschall Law will work with you as your Fort Worth criminal defense attorney representatives.
DEA Drug Schedule
The DEA designates different drugs with “schedules,” categories that indicate their medical use, the possibility of abuse, and more. Each schedule has a different type of penalty associated with it, and each drug in a schedule may have different penalties associated with it depending on use and amount. Below is an overview of the Texas schedules under the Penal Code:
Schedule I drugs have no accepted medical use and a high risk of abuse. This includes things like marijuana, methamphetamine, cocaine, LSD (Group 1-A), heroin, and MDMA.
High risk of abuse, and a high risk of addiction. This class includes Mescaline, Ibogaine, Vicodin, and OxyContin.
Lower (moderate) risk of abuse, and lower risk of addiction. This includes Ketamine, steroids, and testosterone.
Low potential for abuse, including Xanax, Valium, Atavan, and Ambien.
Lowest potential for abuse and addiction. This includes low-codeine cough medicine and antidiarrheal medicines.
Possession of Scheduled Substances
If you are found to be in possession of a scheduled substance without a prescription, then you will be charged accordingly. Marijuana possession has continued to be treated separately from the rest of the Schedule I drugs, and has been legalized, decriminalized, or allowed for medical use in a variety of states.
Possession of Marijuana
Simple possession of marijuana can range from a misdemeanor charge and possible penalty of 180 days in jail and a $2,000 fine for under 2 ounces (no mandatory minimums), to a felony charge with up to 99 years in prison and a $50,000 fine for possession of over 2,000 pounds (mandatory minimum of 5 years in prison).
Schedule I and I-A Penalties
Being arrested in possession of a Schedule I substance carries the harshest punishments, and are treated differently because of the nature of possession. LSD is treated per unit, as opposed to by weight. Possession of under 20 units of LSD or less than 1 gram of a Schedule I substance is a state jail felony. Beyond possession of 1 gram, punishments increase and mandatory minimum sentences begin to appear.
Schedule II Penalties
Like Schedule I, less than 1 gram of a schedule II substance is a state jail felony. Beyond possession of 1 gram, your penalties will increase, and your charges may ultimately be increased to intent to distribute or trafficking depending on the circumstances. We will work with the courts to come to a fair agreement depending on the amount you are in possession of.
Schedule III & IV Penalties
Possession of under an ounce of Schedule III and IV substances is a state jail felony, and the charges increase from there. Simply because these drugs are not treated with the same caution as Schedules II and I does not mean that these charges are not serious, and we will do everything we can to reduce your penalties.
Contact Us Today
If you have been arrested and charged with drug crimes including possession of any controlled substance in Texas, contact us immediately to begin working on your defense. We look forward to speaking to you, and to defending your rights in the Texas courts.