Drug Charges | The Law Firm of Galmor, Stovall & Gilthorpe

Beaumont Drug Defense Lawyer

Drug charges in Beaumont and Jefferson County can result in very serious penalties, including jail or prison time, fines, driver’s license suspensions or the loss of driving privileges. Convictions for drug charges result in a criminal record which can lead to an inability to pursue certain professional occupations and /or refusal to be admitted to certain college or graduate school programs.

If you have been accused of a drug charge in Beaumont, or any of it’s surrounding areas including Lumberton, Silsbee, Kountze Neederland, Port Neches, Port Arthur, Vidor, Orange, Sour Lake, Bridge City, Mauriceville, Little Cypress, Winnie, Crystal Beach, Sabine Pass or Galveston, contact the Law Offices of Galmor, Stovall & Gilthorpe by calling (409) 832.7757 to discuss your case with one of the most effective drug defense lawyers in Beaumont.

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Texas Controlled Substance Act

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Controlled Substance Penalty Groups

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Penalties for Controlled Substances

Texas Controlled Substance Act

Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substance Act, defines all drug crimes and punishments throughout Texas. Some of the most commonly charged controlled substance offenses in Beaumont can include any of the following:

An individual can be charged with possession of a controlled substance (POCS) under 481.115 through 481.118 of the Texas Health and Safety Code if they knowingly or intentionally possess a controlled substance without prescription from an individual licenses to practice medicine in the state. Penalties for this offense depend on the amount of the substance in the alleged offender’s possession and the type of substance in the alleged offender’s possession.

According to the Texas Health and Safety Code 481.112, an individual can be charged with possession of drug paraphernalia if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, storing, restoring, containing or concealing a controlled substance, or to introduce the substance into the human body. This offense is punishable as a Class C misdemeanor.

As defined in 481.112 through 481.114 of the Texas Health and Safety Code, an individual can be charged with possession of drugs with the intent to distribute if they knowingly possess any controlled substance listed in Penalty Groups I through IV with the intent to intent to a deliver or distribute the substance. The penalties for this offense can vary, depending on the amount of the substance possessed by the alleged offender and the penalty group the substance is classified in.

According to 481.112 through 481.114 of the Texas Health and Safety Code, and individual can be charged with drug manufacturing if they knowingly manufacture a controlled substance listed in Penalty Groups I through IV. The penalties for this offense can vary depending on the penalty group the substance is classified in and the amount of the substance manufactured.

An individual can be charged with drug trafficking, according to the Texas Health and Safety Code 481.112 and 481.115, if they knowingly traffic a substance classified in Penalty Groups I through IV. This offense usually involves a large quantity of drugs and a number of controlled substance offenses, such as drug manufacturing, drug delivery or possession of a controlled substance with the intent to a deliver. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under.

Texas Controlled Substance Penalty Groups

Under the Texas Controlled Substances Act, controlled substances, including medications, chemicals, medications without prescriptions, prescription pills, street drugs, narcotics, stimulants, hallucinogens, depressants, man-made substances and natural substances are classified into four different penalty groups. According to the Texas Health and Safety Code 481.101 and 481.105, these penalty groups are used to establish punishments for criminal drug offenses.

Penalty Group I (PG-1)Examples of substances in this group include, but are not limited to heroin, methamphetamines, codeine, methadone, morphine, oxycodone, oxycontin, uppers, stimulants, speed, hydrocodone, GHB, the Date Rape Drug, Gamma-hydroxybutyric acid, ketamine, Special K and cocaine.

Penalty Group I-A (PG-1-A)The only substance in this group is LSD or Lysergic acid diethylamide.

Penalty Group II (PG-2)Examples of substances in this group are Psilocybin, cathinone, magic mushrooms, bath salts, MDMA/ecstasy, and other hallucinogens.

Penalty Group III (PG-3)Examples of substances in the group can include Xanax, Valium, Lysergic acid, Zolpidem, Ambien, and drugs containing small amounts of narcotics.

Penalty Group IV (PG-4)Examples of substances in this penalty group include substances with limited quantities of narcotics but also contain one or more non-narcotic active medical ingredient.

Penalties For Controlled Substances In Beaumont

Chapter 12 of the Texas Penal Code defines the basic penalties for drug crimes in Beaumont. However, these penalties can increase, depending on a variety of factors, such as:

Whether the alleged offender carried a weapon during the commission of the offense

Whether the offense involved a child under the age of 18

The quantity of the substance

What penalty group the substance was classified under

Whether the offense caused death or serious bodily injury to another person, and

Whether the alleged offender has any previous criminal history

The statutory provided penalties for misdemeanor and felony drug offenses in Texas are as follows:

Class B MisdemeanorConviction can result in a jail sentence up to 180 days and/or a fine not more than $2,000.

Class A MisdemeanorConviction can result in a jail sentence up to one year and/or a fine up to $4,000.

State Jail FelonyConviction can result in a jail sentence ranging from 180 days to two years and/or a fine not more than $10,000.

3^rd Degree FelonyConviction can result in a prison sentence from 2 to 10 years and/or a fine up to $10,000.

2^nd Degree FelonyConviction can result in a 2 to 20 year prison sentence and/or a fine not more than $10,000.

1^st Degree FelonyConviction can result in a prison sentence from 5 to 99 years or life imprisonment and/or a fine not more than $10,000.

Life Felony Conviction can result in 5 to 99 years or life imprisonment and/or a fine not more than $250,000.