A controlled substance usually refers to an illegal drug, but many legal prescription medications are also classified as controlled substances. State and federal law strictly regulate the types of controlled substances people may legally possess in Texas, and alleged violations of these laws often carry very steep penalties.
When a person is arrested for a drug allegation in the Lone Star State, conviction is not automatic. Depending on the circumstances of the arrest, evidence may be suppressed if it was obtained through an illegal search or seizure, alleged offenders may not have been the actual owners of the controlled substances, or the alleged illegal drugs may actually not have been a controlled substance at all.
Attorney for Drug Crimes in Brownsville, TX
Were you recently arrested in the Rio Grande Valley area for any kind of alleged drug offense? Do not say anything to authorities until you have legal counsel. Contact The Gracia Law Firm right away.
Brownsville criminal defense lawyer Jonathan Gracia aggressively defends clients in Willacy County, Hidalgo County, and Cameron County.
Call (956) 504-2211 to receive a free initial consultation that will allow our attorney to review your case and help you understand all of your legal options.
Overview of Drug Crimes in Cameron County
- What are drug schedules and Penalty Groups?
- Which kinds of criminal charges can people face for alleged drug offenses?
- Where can I find more information about drug crimes in Brownsville?
Both the Federal Controlled Substances Act (CSA) under Chapter 13 of Title 21 of the United States Code and the Texas Controlled Substance Act under Chapter 481 of the Texas Health and Safety Code divide controlled substances into different groups based on whether they have a currently accepted medical use in treatment, their relative abuse potential, and their likelihood of causing dependence when abused. Controlled substances are divided into five "schedules" under the CSA while Texas divides drugs into six Penalty Groups.
The classification of a controlled substance can have a major impact on the criminal charges, as many drugs deemed to have higher potential for abuse can carry stiffer penalties. Examples of drugs included in the six Penalty Groups in Texas include:
- Penalty Group 1, Texas Health and Safety Code § 481.102 — Cocaine, oxycodone, heroin, methamphetamine, gamma hydroxybutyric acid (GHB), and ketamine;
- Penalty Group 1-A, Texas Health and Safety Code § 481.1021 — Lysergic acid diethylamide (LSD) and its analogs;
- Penalty Group 2, Texas Health and Safety Code § 481.103 — Phencyclidine (PCP), 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly), mescaline, and hallucinogenic substances;
- Penalty Group 2-A, Texas Health and Safety Code § 481.1031 — Materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance;
- Penalty Group 3, Texas Health and Safety Code § 481.104 — Zolpidem (Ambien), diazepam (Valium), methylphenidate (Ritalin), and alprazolam (Xanax);
- Penalty Group 4, Texas Health and Safety Code § 481.105 — Compounds, mixtures, or preparations containing limited quantities of narcotics.
The schedule or Penalty Group that a controlled substance is classified under is only one factor in determining the criminal charges for an alleged violation of state or federal law. The amount of a controlled substance possessed, the act that a person was allegedly engaged in, and the offender's prior criminal record can all play major roles in determining the severity of the criminal charges.
Some of the most common drug crimes that The Gracia Law Firm handles include, but are not limited to:
- Drug Trafficking
- Drug Manufacturing
- Prescription Drug Fraud
- Possession with the Intent
Texas Controlled Substances Act — Chapter 481 of the Texas Health and Safety Code is cited as the Texas Controlled Substances Act. Learn more about definitions, drug schedules, and offenses and penalties. You can also find information about forfeiture and administrative penalties.
Rio Grande Valley Area of Narcotics Anonymous (NA) — NA identifies itself as "a nonprofit Fellowship or society of men and women for whom drugs had become a major problem." The only requirement for membership in NA is the desire to stop using. Visit this website to view the dates and times of meetings in the Rio Grande Valley area as well as a calendar of upcoming events.
The Gracia Law Firm | Brownsville Drug Crimes Defense Attorney
If you were arrested for any kind of alleged drug crime in South Texas, it will be in your best interest to immediately seek legal representation. The Gracia Law Firm represents residents of and visitors to communities all over Cameron County, Willacy County, and Hidalgo County.
Jonathan Gracia is an experienced criminal defense lawyer in Brownsville who can fight to possibly get your criminal charges reduced or dismissed. You can have our attorney review your case and help you understand all of your legal options when you call (956) 504-2211 to take advantage of a free, confidential consultation.