In Texas, “POSS CS PG 1/1-B 1G” is terminology for the criminal charge of possession of a controlled substance in penalty group 1-B. Texas has strict laws regarding drug possession, and the penalties can vary depending on the type and quantity of the drug involved, previous criminal convictions, and whether there was an intent to distribute. 

Facing a drug possession charge and building a strong defense is best with the know-how of a competent, passionate Austin Drug Crime Lawyer.

What is POSS CS PG 1/1-B 1G?

POSS CS PG 1/1-B <1G refers to possession of a controlled substance in penalty group one. Penalty group one includes cocaine, methamphetamine, and heroin, whereas penalty group 1-B is just fentanyl and its derivatives. “<1G” refers to possession of less than one gram of fentanyl and is considered a state prison felony in Texas.

Penalty Group 1 and 1-B Substances

The Texas Health and Safety Code classifies certain drugs under penalty group 1, which carries the highest drug penalties. Again, this group includes heroin, cocaine, and methamphetamine. 

Possession of a penalty group 1 drug can result in jail time, fines, and probation. Penalty group 1-B includes fentanyl, a powerful synthetic opioid. Possessing even a small amount of fentanyl is a serious crime due to its potency and potential for misuse. Possession of less than one gram of fentanyl can have you headed for the Texas state prison system.

Penalties for Possession of Controlled Substances in PG 1/1-B <1G

If convicted of PG 1/1-B <1G, the penalties can include a jail sentence ranging from 180 days to 2 years and fines up to $10,000. However, higher amounts of controlled substances carry more severe penalties, ranging from a third-degree felony to an enhanced first-degree felony. The jail time for drug possession in Texas varies depending on the specific drug involved. You’ll want an experienced, conscientious, and diligent Austin Drug Crime Lawyer to explain your charges and strategize possible defenses with you.

Possible punishments for Tex. Penal Code § 1.07(a)(39)) include:

• 400 Grams or More (POSS CS PG1 >400G) – 10 years to 99 years in prison and a fine up to $100,000.
• 200 to 400 Grams (POSS CS PG1 200-400G) – five years to 99 years in prison and a fine up to $100,000.
• Four to 200 Grams (POSS CS PG1 4-200G) – two years to twenty years in prison and a fine up to $10,000.
• One to Four Grams (POSS CS PG1 1-4G) – two years to ten years in prison and a fine up to $10,000.
• Less than 1 Gram (POSS CS PG1 <1G) – 180 days to two years in a state jail facility and a fine of up to $10,000.

Common Defenses for POSS CS PG 1/1-B <1G Charges

As criminal defense lawyers in Austin, here are common defenses we use for POSS CS PG 1/1-B <1G:

• Improper police conduct: As your attorney, we may be able to challenge the legality of the search or seizure that led to your arrest if the police violated your rights in any way.
• Lack of ownership: If the controlled substance was found in a shared space, we may argue that you were unaware of its presence or did not have ownership or control over it.
• Lack of awareness: We could also argue that you did not know the substance was controlled. This defense is more common when the controlled substance is not easily identifiable.

Consequences of Drug Possession Convictions

Some of the potential consequences include:

• Professional license implications: If you hold a professional license, a drug possession conviction could jeopardize your ability to practice in your chosen field.
• Limited opportunities: Having a drug conviction on your record may limit your access to educational and employment opportunities.
• Driver’s license suspension: In Texas, a drug possession conviction can lead to the suspension of your driver’s license, making it challenging to commute to work or carry out daily activities.
• Criminal record: A drug possession conviction will result in a criminal record, which can have long-term effects on your employment prospects and personal life.

Contact an Austin Drug Crime Lawyer for Free Consultation

If you or someone you know is facing POSS CS PG 1/1-B <1G charges in Austin, Texas, the Law Office of David D. White PLLC: Austin Criminal Lawyer has the knowledge, skills, and experience to handle your case. To schedule a no-cost legal consultation and case review with our team, contact us now!