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Possession of a Controlled Substance (POCS)

If you have been arrested for a drug possession offense in central Texas, it is crucial that you contact an experienced Georgetown drug crimes attorney. Depending on the amount of the substance and the penalty group the drug falls under, the penalties to a conviction for drug or controlled substance possession can be extremely severe.

Georgetown Possession of a Controlled Substance Attorney

If you have been charged with a possession of a controlled substance in Georgetown, or any of the surrounding areas of Round Rock, Killeen, Temple, Belton or Harker Heights, contact Law Office of Michael J. Price

Texas criminal defense lawyers Michael J. Price is experienced in defending the residents of Williamson County against the harsh drug laws in Texas. Call Law Office of Michael J. Price for a free consultation at (512) 354-1880 about your alleged possession of a dangerous drug crime.


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Texas Drug Penalty Groups

Texas law provides for four penalty groups to classify controlled substances, narcotics, medications and chemicals in order to set punishments for drug offenses accordingly.

Penalty Group I (PG-1) substances include, but are not limited to:

  • Heroin
  • Morphine
  • Oxycodone
  • Hydrocodone
  • Opium
  • Cocaine

Penalty Group II (PG-2) substance examples include, but are not limited to:

  • Mushrooms
  • Psilocybin

Penalty Group III (PG-3) substances include, but are not limited to:

  • Anabolic steroids
  • Xanax
  • Lorazepam

Penalty Group IV (PG-4) substances are considered to have the lowest potential for abuse and have common uses for medical purposes in the United States. Examples of these types of drugs include, but are not limited to:

  • Compounds and mixtures with small amounts of codeine
  • Compounds and mixtures with small amounts of opium

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Possession of a Controlled Substance in Texas

Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (POCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without  a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances.


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Possession of a Controlled Substance Penalties in Georgetown

The penalties for a possession of a controlled substance offense in Texas can vary depending on which Penalty Group the substance is categorized in.

Possession of Penalty Group I (PG-1) substances are punishable as follows:

  • An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence of up to 180 days and/or a fine up to $2,000.
  • An individual can be convicted of a felony of the third degree if the amount of the substance is more than one gram but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
  • An individual can be convicted of a felony of the second degree if the amount of the substance is more than four grams but less than 200 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
  • An individual can be convicted of a felony of the first degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of five to 99 years and/or a fine up to $10,000.
  • If the amount of the substance is 400 grams or more, the offense is punishable by 10 to 99 years in prison and/or a fine up to $100,000.

Possession of Penalty Group II (PG-2) substances are punishable as follows:

  • An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
  • An individual can be convicted of a felony of the third degree if the amount of the substance is one gram or more but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
  • An individual can be convicted of a felony of the second degree if the amount of the substance is four grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
  • If the amount of the substance is 400 grams or more, the offense is punishable by life in prison or a term of 5 to 99 years and/or a fine up to $50,000.

Possession of Penalty Group III (PG-3) substances are punishable as follows:

  • An individual can be convicted of a Class A misdemeanor if the amount of the substance is less than 28 grams. A conviction for this offense can result in a jail sentence of up to one year and/or a fine up to $4,000
  • An individual can be convicted of a a felony of the third degree if the amount of the substance is more than 28 grams but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
  • An individual can be convicted of a felony of the second degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
  • An amount of 400 grams or more is punishable by life in prison or a term of five to 99 years and/or a fine up to $50,000.

Possession of Penalty Group IV (PG-4) substances are punishable as follows:

  • An individual can be convicted of a Class B misdemeanor if the amount of the substances is less than 28 grams. A conviction for this offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
  • An individual can be convicted of a felony of the third degree if the amount of the substances is 28 grams or more but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
  • An individual can be convicted of a felony of the second degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in aa prison sentence of two to 20 years and/or a fine up to $10,000.
  • If the amount of the substance is 400 grams or more, the offense is punishable by life in prison or a term of five to 99 years in prison and/or a fine up to $50,000.

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Law Office of Michael J. Price | Round Rock Possession of Dangerous Drugs Lawyer

Contact Georgetown criminal defense lawyer Michael J. Price if you have been arrested for possession of a controlled substance. An arrest for possession of controlled substance in Texas can have devastating consequences and severe repercussions if you are convicted.

Call Law Office of Michael J. Price at (512) 354-1880 or send an online message for a consultation about your alleged possession of a controlled substance offense throughout Williamson County and Bell County in Texas.

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