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  • Writer's pictureBrian Foley

Possession of a Controlled Substance Penalty Group 2 - The Woodlands Texas, Conroe, Texas

So many individuals are being arrested all over the State of Texas for Possession of a Controlled Substance Penalty Group 2 for Tetrahydrocannabinol or THC. It is one of the most common crimes for individuals age 17-24. Young people seem to be disconnected from the laws and practices of police in the State of Texas and if they are getting their information from Tik-Tok, Snap-Chat, or youtube then they will almost certainly be confused about the ramifications of a decision to use a THC vape pen.

If you have been arrested by the Montgomery County Sheriff's Office because of a THC pen possession in The Woodlands, or Conroe, Texas then the jail may keep you detained for 14-36 hours. As of July 2022 this has been a typical detention time as they attempt to complete the booking process. Your name may appear on the Jail roster screen with the charge name PCS CS PG2 >= 1G < 4G. This means you have been charged under Texas Health and Safety Code 481.116 for a penalty group 2 substance. The most likely range is between 1 and 4 grams because this is the typical weight of THC vape pen cartridges.

The Punishment range for PCS CS PG2 >= 1G < 4G is 2-10 years in Prison and a $10,000 fine or up to 10 years of probation. Many individuals who are young and have no criminal history may be able to seek another type of outcome where the case could be reduced to a misdemeanor or even dismissed.

A dismissal is the best option because this could lead to an expunction and a complete clearing of the case from your TCIC/NCIC criminal history record. Many people refer to this as a RAP sheet or "their record." Cases that are expunged are also eligible to have the police and district clerk's office delete their files and records of the arrest completely.

Another way to fight a PCS CS PG2 >= 1G < 4G case is to challenge the traffic stop or initial detention and ask that the evidence obtained by police be suppressed by the judge. If this happens then the State will be forced to dismiss the case because they will not have sufficient evidence to prove the case beyond a reasonable doubt.

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