Possession of a Controlled Substance Penalty Group 1A

(LSD)

Brian Foley is a Drug Charge lawyer and criminal defense lawyer in Conroe, Texas representing regular people who happen to be accused of possession of LSD (Lysergic acid diethylamide) in Conroe, Houston, and the Woodlands as well as the surrounding counties.  Brian is a former chief prosecutor and has dealt with thousands of drug charges. Brian represents individuals who have been charged with a crime or are being investigated by police.  Brian can help take back your life and fight charges brought by the government.

What does penalty group 1A mean? 

The Texas Penal code does not list offenses for possession of drugs like LSD.  The Texas legislature wrote the Texas Health and Safety Code Chapter 481 which outlines the various penalties for “Drug Offenses.”

 

Penalty Group 1A lists LSD (Lysergic acid diethylamide) and synthetic LSD which has the following scientific names:

 

  • 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe);

  • 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25C-NBOMe, 2C-C-NBOMe);

  • 2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe);

  • 4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe);

  • 2,5-Dimethoxy-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25H-NBOMe, 2C-H-NBOMe);

  • 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (some trade and other names: 25I-NBOMe, 2C-I-NBOMe);

  • 4-Iodo-2,5-dimethoxy-N- benzylphenethylamine (trade or other name: 25I-NB);

  • 4-Iodo-2,5-dimethoxy-N-(2,3- methylenedioxybenzyl)phenethylamine (trade or other name: 25I-NBMD);

  • 4-Iodo-2,5-dimethoxy-N-(2- fluorobenzyl)phenethylamine (trade or other name: 25I-NBF);

  • 4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)phenethylamine (trade or other name: 25I-NBOH);

  • 2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe); and

  • 2,5-Dimethoxy-4-(n)-propyl-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25P-NBOMe, 2C-P-NBOMe).

 

LSD is quantified not in grams or ounces but in “abuse units” this is because the delivery method for LSD is often the back of a stamp placed on the tongue. 

 

“Abuse unit” means . . . (i) a single unit on or in any adulterant, dilutant, or similar carrier medium, including marked or perforated blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or other medium that contains any amount of a controlled substance listed in Penalty Group 1-A, if the unit is commonly used in abuse of that substance; or (ii)  each quarter-inch square section of paper, if the adulterant, dilutant, or carrier medium is paper not marked or perforated into individual abuse units;

 

LSD is far less common than other forms of controlled substances and synthetic LSD was more popular in 2015 tapering off in its abuse since that time.

What can happen while waiting for my trial?

A Trial Judge can impose what are called “bond conditions” which allow a person out of jail on bond but makes you report to the community supervision office or “probation office.”  Even if you have not yet been convicted of a crime you may suffer restrictions on your freedom which are “reasonable” under Chapter 17 of the Texas Code of Criminal Procedure.  If you do not follow bond conditions or fail to report to drug testing when required by the court you could have your bond revoked and spend the rest of your case awaiting trial from a jail cell.

What does possession mean?

“Possession” means actual care, custody, control, or management.

 

Possession must be intentional or knowing possession.  So if you honestly didn’t know that under the gas cap of your friend’s car they were hiding three grams of methamphetamine then you should be found not guilty.  However the District Attorney is going to be looking for things that “affirmatively link” you to the drugs.  Here are some things that have been found to be “affirmative links” between a person accused of a crime and the contraband:

 

  • Drugs found with one person in the vehicle who was the driver;

  • Making movements towards the area of the drugs that make it look like you are trying to conceal them;

  • Being very close to the place where the drugs are found like in a back seat and the drugs are on the floorboard underneath your feet.

  • Communicating with another individual about drugs and their movement and the other person is found to be in possession of a large amount of drugs.​

What is the punishment for Possession of a controlled substance Penalty Group 1?

The punishment depends on the amount of the substance that can be proved. 

 

  • 0-20 abuse units – State Jail Felony – 180 days – 2 years in a State Jail Facility and a $10,000 fine.  

  • 20-80 abuse units – 2nd Degree Felony – 2 years – 20 years in Prison and a $10,000 fine.

  • 80-4,000 abuse units – 1st Degree Felony – 5 years – 99 years or Life in Prison and a $10,000 fine.

  • 4,000 or more abuse units – Super 1st Degree Felony – 15 years – 99 years or Life in Prison and a $250,000 fine.

 

For all of these offenses you could be placed on deferred adjudication probation for up to 10 years and the applicable fine.  These punishments are enhanced if you are not found to be merely in possession of the prohibited substance but are in possession with intent to deliver the substance to another. 

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AGGRESSIVE DRUG CHARGE DEFENSE

FORMER CHIEF PROSECUTOR

Serving Houston and Conroe and Surrounding Areas

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