Drug Paraphernalia or drug possession is considered a misdemeanor or felony in Ellis County. The charges on the possession of drugs depend on the kind of drug in possession and also its amount. The drugs are divided into five groups by the Texas Health and Safety Code.

There may be some drugs that are legal to hold in possession however they may require a prescription and possession of such drugs without a prescription is also deemed illegal. Being in the same place as the location of the drugs does not make an individual guilty of possessing a drug, to be convicted for the possession of drugs the state must provide reasonable proof that the individual accused of possession had actual or intentional possession of them. An attorney can help provide a strong defense in cases where the possession charges are made under doubtful or unreasonable circumstances. In many cases police obtain evidence of possession illegally or without a warrant which is not allowed to be used during trial. Having an experienced and knowledgeable attorney can make a big difference in getting penalty reduced or completely dismissed in cases of drug possession.

You can find details about the different penalty groups for different charges in Ellis County.

Penalty Group 1: Cocaine, Hydrocodone, Methamphetamine, GHB, Oxycodone, Heroin

Penalty Group 1A: LSD

Penalty Group 2: Ecstacy, Mescaline, PCP

Penalty Group 3: Ritalin, Valium, Xanax

Penalty Group 4: Compounds containing Pryovalerone, Buprenorphine, Dionine or Motofen

The punishment for the possession of drugs in each category is as follows.

Penalty Group 1

  • More than 400 grams: Life imprisonment or 10 to 99 years in prison

  • More than 200 grams, less than 400 grams: Life imprisonment or 5 to 99 years in prison

  • More than 4 grams, less than 200 grams: 2 to 20 years in prison

  • More than 1 gram, less than 4 grams: 2 to 10 years in prison

  • Less than 1 gram: 180 days to 2 years in jail

Penalty Group 1A

  • More than 8000 units: Life imprisonment or 15 to 99 years in prison

  • More than 4000 units, less than 8000 units: Life imprisonment or 5 to 99 years in prison

  • More than 80 units, less than 4000 units: 2 to 20 years in prison

  • More than 20 units, less than 80 units: 2 to 10 years in prison

  • Less than 20 units: 180 days to 2 years in jail

Penalty Group 2

  • More than 400 grams: Life imprisonment or 5 to 99 years in prison

  • More than 4 grams, less than 400 grams: 2 to 20 years in prison

  • More than 1 gram, less than 4 grams: 2 to 10 years in prison

  • Less than 1 gram: 180 days to 2 years in jail

Penalty Group 3

  • More than 400 grams: Life imprisonment or 5 to 99 years in prison

  • More than 200 grams, less than 400 grams: 2 to 20 years in prison

  • More than 28 grams, less than 200 grams: 2 to 10 years in prison

  • Less than 28 grams: 180 days to 2 years in jail

Penalty Group 4

  • More than 400 grams: Life imprisonment or 5 to 99 years in prison

  • More than 200 grams, less than 400 grams: 2 to 20 years in prison

  • More than 28 grams, less than 200 grams: 2 to 10 years in prison

  • Less than 28 grams: 180 days to 2 years in jail