What Is the Punishment Range For Possession Of A Controlled Substance In Penalty Group 3?
We have been exploring the byzantine maze that is the Texas Health and Safety Code and the Texas Penal Code. The cross-reference between the two makes for a head-splitting venture sometimes, however, this blog will parse it out for you.
If you have been charged with
possession of a controlled substance in Penalty Group 3, then you have been charged with possession of a drug such as
Valium, Xanax, or Ritalin. Possession of these drugs without a prescription is a criminal offense. The punishment that a person could be subjected to, however, depends on the amount that a person possesses. Here is the breakdown.
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If you have been charged with possession of controlled substance in Penalty Group 3 and the quantity is less 28 grams, then you can be charged with a
Class A Misdemeanor.
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If you have been charged with possession of controlled substance in Penalty Group 3 and the quantity is between 28 and 200 grams, then you can be charged with a
Third Degree Felony.
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If you have been charged with possession of controlled substance in Penalty Group 3 and the quantity is between 200 and 400 grams, then you can be charged with a
Second Degree Felony.
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If you have been charged with possession of controlled substance in Penalty Group 3 and the quantity is more than 400 grams, then you can be charged with a
First Degree Felony. However, in this instance, the Texas Health and Safety Code enhances the First Degree range of punishment. The code states that the person can be sentenced to 5 to 99 years in prison with a fine up to $50,000 (normally, the maximum fine is $10,000).