Travis Texas Jury Instruction - Controlled Substances - Death Penalty - Supplemental Instructions - Substantive Instruction
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FAQ
Health & Safety Code 11364(a) HS is the California statute that makes it illegal to possess drug paraphernalia. This applies to any device, instrument or paraphernalia used for unlawfully injecting, smoking or otherwise consuming a controlled substance.
California Health and Safety Code 11377(a) HS defines the crime of possession of methamphetamine. In order to obtain a conviction, the prosecutor must be able to prove several specific factors that are commonly known as elements of the crime.
According to HS 11350(a), possession of a controlled substance is a misdemeanor in California punishable by up to 364 days in county jail. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police.
Int Poss Cont Sub By Per Not Reg This is shorthand for Intentional Possession of a Controlled Substance by Person Not Registered, meaning you are not registered with the state as someone legally allowed to possess the drug, nor do you have a prescription to possess.
Health and Safety Code 11350(a) HS makes it a misdemeanor offense in California to have unlawful possession of a controlled substance. The term controlled substance applies to illicit street drugs (such as cocaine) as well as certain prescription medications when possessed without a valid prescription for medical use.
Possession of Penalty Group 1 - Cocaine, Heroin, Meth A charge for possession of under a gram is a State Jail Felony. This can get a person anywhere from 180 days to two- years in jail. In Tarrant County, you will see this charge abbreviated as POSS CONT SUBST U/1G-PG1 on jail and court paperwork.
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
Possession of a Penalty Group 1 substance is always charged as a felony. For the smaller amounts, you can be sentenced to between 180 days and 2 years in state jail and a fine of up to $10,000. For larger amounts, you can be sentenced to between 15 and 99 years in prison as well as a maximum fine of $100,000.
Penalty Group 1 (PG1) They are listed in the Texas Health and Safety Code, also known as the Texas Controlled Substances Act. Some of the PG1 drugs that are the most common are Cocaine, Heroin, Rohypnol, Morphine, Fentanyl, Oxycodone, Powder/Raw Opium, and Methamphetamine.