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Montgomery County Criminal Defense Attorney - Possession of a Controlled Substance Penalty Group 2

Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.


Possession of a Controlled Substance Penalty Group 2 Tetrahydrocannabinol is a serious crime in the State of Texas. According to the Texas Penal Code, possession of a controlled substance in Penalty Group 2 is a state jail felony, punishable by up to two years in a state jail facility and a fine of up to $10,000.


There are several defenses to possession of a controlled substance in Penalty Group 2. One defense is that the defendant did not know they were in possession of the controlled substance. This might be the case if the controlled substance was planted on the defendant without their knowledge. Another defense is that the controlled substance was not in the defendant's actual possession, but rather in their constructive possession. This might be the case if the controlled substance was found in a location that the defendant had no control over, such as in a shared residence.

Another defense relates to "affirmative links." Affirmative links are pieces of evidence that can be used to establish a connection between a defendant and a controlled substance in a possession case. In the state of Texas, possession of a controlled substance is a crime that can be punishable by significant fines and imprisonment. As such, it is important for the prosecution to establish an affirmative link between the defendant and the controlled substance in order to secure a conviction.


There are several types of affirmative links that can be used to establish possession of a controlled substance in Texas. These include:

  1. Physical possession: This refers to the controlled substance being found on the defendant's person, such as in their pocket or in a bag they are carrying.

  2. Constructive possession: This refers to the controlled substance being found in a location over which the defendant has control, such as in their home or in their car.

  3. Joint possession: This refers to the controlled substance being found in a location that is jointly controlled by the defendant and another person.

  4. Exclusive possession: This refers to the controlled substance being found in a location that is under the exclusive control of the defendant, such as in a locked safe or cabinet.

In order to establish an affirmative link between the defendant and the controlled substance, the prosecution must present evidence that meets one of the above criteria. This may include testimony from witnesses, physical evidence, or other types of evidence.


Penalty Group 2 includes a wide range of drugs but is most commonly related to Tetrahydrocannabinol (THC). Tetrahydrocannabinol (THC) is the psychoactive compound found in marijuana that is responsible for its mind-altering effects. In the state of Texas, THC is classified as a controlled substance and is included in Penalty Group 2 of the Texas Penal Code.


It is important to note that the possession of small amounts of marijuana for personal use may be treated differently than possession of larger amounts or possession with the intent to distribute. In Texas, possession of two ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of larger amounts of marijuana or possession with the intent to distribute may be charged as a more serious offense.


If you have been charged with possession of a controlled substance in Penalty Group 2, it is important to seek the advice of an experienced criminal defense attorney. An attorney can help you understand the charges against you and the potential penalties, and can work with you to develop a defense strategy. It is important to remember that you have the right to remain silent and the right to an attorney, and that you should exercise these rights if you are facing charges for possession of a controlled substance in Penalty Group 2.


BORING LEGAL DISCLAIMER


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.


For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.


For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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