Possession Charges

For the State to convict a citizen in a drug crime case, they must prove possession, or intent to manufacture or deliver an illegal or prohibited substance, beyond a reasonable doubt.

Possession means “intentionally” or “knowingly,” having “actual care, custody, control, or management” of the substance.

To WIN drug possession cases requires knowledge, experience, and tenacity, to uncover defenses and suppression issues (due to the stop, search, or arrest being unconstitutional). 

LeGrande Law utilizes dynamic defense tactics to secure dismissal, a reduction in charges, or Not Guilty verdict.

LEGRANDE LAW HAS A TRACK RECORD OF WINNING DRUG CASES

*In Texas, punishment for controlled substance offenses are divided into Penalty Groups.  Prosecution is possible for ANY DETECTABLE AMOUNT. The amount of a controlled substance someone is charged with is  measured by aggregate weight including adulterants or dilutants.

Possession of a prescription medication is illegal unless the medication is acquired with a prescription.  

Punishments are enhanced if you are charged with intent to manufacture or delivery. For a full list of all regulated controlled substances and marihuana, as well as the associated punishments for conviction for possession, manufacture or delivery, see Section 481 of the Texas Health & Safety Code.

“Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container. “Delivery” simply means the act of delivering.

Substances like marijuana are only a misdemeanor offense for possession of quantities less than 4 ounces – however, possession of ANY amount of concentrated THC is a FELONY in Texas.

Successfully defending felony drug possession cases requires an attorney to scrutinize the stop or search that led to the criminal charges.  Attorney Tristan LeGrande has experience negotiating favorable disposition for clients, and will FIGHT & WIN YOUR CASE at trial.

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PENALTY GROUP 1 

Cocaine, Methamphetamine, Heroin, Some Rx-only medications*

Possession of a controlled substance in Penalty Group 1 (“PCS PG1” on court paperwork):

Less than 1 gram: State Jail Felony.

• 1 to 4 grams: 3rd Degree Felony.
• 4 to 200 grams: 2nd Degree Felony.
• 200 to 400 grams: 1st Degree Felony.
• More than 400 grams: 10 to 99 years, or life, and a fine not to exceed $50,000.

* Some prescription medications with high potential for abuse are contained in Penalty group 1, such as a

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PENALTY GROUP 1-B

Lysergic Acid Diethylamide (LSD) (“Acid”)

Possession of a controlled substance in Penalty Group 1-A (“PCS PG1-A” on court paperwork):

• Fewer than 20 abuse units (“hits”): State Jail Felony.
• 20 to 80 abuse units (“hits”): 3rd Degree Felony.
• 80 to 4000 abuse units (“hits”): 2nd Degree Felony.
• 4000 to 8000 abuse units (aka”hits”): 1st Degree Felony.
• Over 8000 abuse units (aka”hits”): 15 to 99 years, or life, and a fine not to exceed $50,000.

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PENALTY GROUP 1-B

Fentanyl

Possession of a controlled substance in Penalty Group 1-B (“PCS PG1-B” on court paperwork):

• Less than 1 gram: State Jail Felony.
• 1 to 4 grams: 3rd Degree Felony.
• 4 to 200 grams: 2nd Degree Felony.
• 200 to 400 grams: 1st Degree Felony.
• More than 400 grams: 10 to 99 years, or life, and a fine not to exceed $50,000.

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PENALTY GROUP 2

3, 4 Methylenedioxymethamphetamine [MDMA, Ecstasy, Molly] Tetrahydrocannabinol [THC, wax, dabs, THC-carts]*

Possession of a controlled substance in Penalty Group 2 (“PCS PG2” on court paperwork):

• Less than 1 gram: State Jail Felony.
• 1 to 4 grams: 3rd Degree Felony.
• 4 to 400 grams: 2nd Degree Felony.
• More than 400 grams: 5 to 99 yrs or life, and a fine not to exceed $50,000.

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PENALTY GROUP 2-A

Synthetic cannabinoids (AKA “k2,” Kush, incense)*

Possession of a controlled substance in Penalty Group 2-A (“PCS PG2-A” on court paperwork):

• 2 ounces or less: Class B Misdemeanor.
• 4 ounces or less but more than 2 ounces: Class A Misdemeanor.
• 5 pounds or less but more than 4 ounces: State Jail Felony.
• 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
• 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.
• More than 2,000 pounds: 1st degree felony.

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PENALTY GROUP 3

Benzodiazepines; Xanax, etc. – Sleeping aides; Ambien, etc. – Pain Narcotics; hydrocodone, etc. – Steroids; Nandrolone, Equipose, etc. –  Stimulants; Ritalin (Methylphenidate)*

Possession of a controlled substance in Penalty Group 3 (“PCS PG3” on court paperwork):

• Less than 28 grams: Class A Misdemeanor.
• 28 to 200 grams: 3rd Degree Felony.
• 200 to 400 grams: 2nd Degree Felony.
• More than 400 grams: 1st Degree Felony.

* For a full list of medications in this penalty group, see: Section 481 of the Texas Health and safety code for a full list.

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PENALTY GROUP 4

Codeine solutions (“syrup,” / “lean”)*

Possession of a controlled substance in Penalty Group 4 (“PCS PG4” on court paperwork):

• Less than 28 grams: Class A Misdemeanor.
• 28 to 200 grams: 3rd Degree Felony.
• 200 to 400 grams: 2nd Degree Felony.
• More than 400 grams: 1st Degree Felony.

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PLEASE NOTE: Only the most common controlled substances are listed. For a FULL list of the controlled substances in each penalty group, refer to Section 481 of the Texas Health and Safety Code.

REMEMBER – If accused of a drug crime you still have options. At LeGrande Law we implement a full array of defense tactics to tenaciously defend our clients.  Our goal is dismissal, evidence suppression, or a not guilty verdict at trial.

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Accused of possession of a controlled substance ? Manufacture or delivery of a controlled substance ? 

Our criminal defense law firm takes all drug possession cases very seriously.  Whether it possession of marijuana or a felony controlled substance delivery charge, we will zealously defend your case.