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  1. #1
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    Sep 2009
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    5

    Default Whether Drug Charges Are an Aggravated Felony

    481.115 health and safety code texas , posession of controll subtances
    can u tell me if that is agravated fellony . thank Mr Knowit all or any body

  2. #2
    Join Date
    Sep 2005
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    Default Re: Whether Drug Charges Are an Aggravated Felony

    That's a big maybe - what was the involved subsection?
    Quote Quoting Texas Health & Safety Code, § 481.115. Offense: Possession of Substand in Penalty Group 1
    (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

    (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

    (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

    (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

    (e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

    (f) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

  3. #3
    Join Date
    Sep 2009
    Posts
    5

    Default Re: Whether Drug Charges Are an Aggravated Felony

    it is the b section , under 1 gram , can you tell me more

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