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Conroe Criminal Lawyer

Conroe Criminal Lawyer - Brian Foley - Board Certified in Criminal Law.



Understanding Possession of a Controlled Substance Penalty Group 2: Conroe Criminal Lawyer Insight


Introduction: If you find yourself facing drug charges related to Penalty Group 2 substances in Conroe, Texas, you need expert legal representation. Brian Foley, a highly experienced Conroe Criminal Lawyer, has a strong track record of defending individuals accused of possessing tetrahydrocannabinols, Ecstasy, MDMA, and Marijuana Oil or Wax in Conroe, Houston, and the Woodlands, Texas. In this blog post, we will delve into the details of Penalty Group 2 and what you should know if you're charged with the possession of substances falling within this category.


What Does Penalty Group 2 Mean? Penalty Group 2 falls under Chapter 481 of the Texas Health and Safety Code, known as the Controlled Substances Act. It encompasses substances that are considered dangerous and are subject to strict regulations. Penalty Group 2 was modeled after the federal Controlled Substances Act and is generally considered the second most dangerous group of drugs. The substances included in Penalty Group 2 are:

  1. 3,4-methylenedioxy methamphetamine (MDMA), commonly known as Ecstasy or X.

  2. Tetrahydrocannabinols (Tetrahydrocannabinols, or THC), which include marijuana oil, wax, or edible marijuana products containing greater than 0.3% Delta-9 THC content.

While there are other substances listed under Penalty Group 2, MDMA and Tetrahydrocannabinols account for the vast majority of Penalty Group 2 arrests.

Understanding Conditions of Bond: If you're charged with a Penalty Group 2 felony in Montgomery or Harris County, you might be required to adhere to conditions of bond. Judges often impose these conditions on individuals even before they are convicted. One common condition is the requirement to report to the probation department and submit to random urinalysis or urine tests to ensure you're not using drugs or alcohol. Even if your charge is not alcohol-related, judges may prohibit you from consuming alcohol while on bond. Failing to follow bond conditions can result in your return to jail, especially if you test positive on a drug test.


What Does Possession Mean in Drug Cases? One of the key aspects of drug charges in Penalty Group 2 cases is the concept of "possession." It is important to note that the prosecution does not need to prove that you owned or purchased the drugs. Possession has a specific legal definition, which is "actual care, custody, control, or management" of the prohibited substance.

For the prosecution to establish possession, there must be "affirmative links" between you and the prohibited substance. These links can include situations where you are:

  • The driver and the only person in a vehicle where the prohibited substance was found.

  • Making nervous or furtive gestures that suggest an attempt to conceal the substance.

  • In close proximity to the prohibited substance, and it was accessible.

  • Texting or calling another individual to coordinate the transportation or concealment of the substance.

The number of affirmative links is not fixed, but they must present a logical connection between you and the prohibited substance. A prosecutor cannot simply list arbitrary reasons as affirmative links; there must be a substantial and logical connection.


Penalties for Possession of Penalty Group 2 Substances: The penalties for possession of substances in Penalty Group 2 vary based on the quantity of the substance. The penalties include:

  • 0-1 gram: State Jail Felony - 180 days to 2 years in a State Jail Facility and a $10,000 fine.

  • 1-4 grams: 3rd Degree Felony - 2 to 10 years in prison and a $10,000 fine.

  • 4-400 grams: 2nd Degree Felony - 2 to 20 years in prison and a $10,000 fine.

  • 400 or more grams: Enhanced 1st Degree Felony - 5 to 99 years or life in prison and a $50,000 fine.

In all these cases, if it is proven that you had an intent to deliver the substance to another person, the punishments become more severe.


Conclusion: Understanding the legal implications of possessing substances within Penalty Group 2 is crucial if you're facing drug charges in Conroe, Texas. With the expertise of a skilled Conroe Criminal Lawyer like Brian Foley, you can navigate the complexities of the legal system and work towards the best possible outcome for your case. Make sure to consult an experienced attorney who can provide you with the guidance and representation you need during this challenging time.

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