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Controlled Substance Charge

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prissyapril

Junior Member
What is the name of your state (only U.S. law)? Texas

My boyfriend got charged with 13 Morphine Pills, what kind of charges is he looking at?
 


prissyapril

Junior Member
Controlled Substances Charge

No, They charged him all together, was controlled substance charge and a firearm charge by an ex felon. and some marjiana, sorry i think thats how its spelled.
 

Isis1

Senior Member
No, They charged him all together, was controlled substance charge and a firearm charge by an ex felon. and some marjiana, sorry i think thats how its spelled.
What are the exact penal codes he was charged with?

Eta: was he on parole?
 

prissyapril

Junior Member
Controlled Substances Charge

He was not on Parole, his charges were:
POSS MARIJ >2 OZ<=4OZ DRUG FREE ZONE
DIST
UNL POSS FIREARM BY FELON
DIST
POSS CS PG 1 >=1G<4G
DIST
 

xylene

Senior Member
he's in big trouble.

Some marijuana.

Thats 4 oz with intent to distibute.

That alone is a big felony.

Add the gun and the morphine...
 

justalayman

Senior Member
op keeps adding something serious with every post

1st post- possession of 13 tabs of morphine

2nd post- added marihuana, felon, possession of firearm

3rd post- adds in a drug free zone.


One can only wonder what's next.
 

CavemanLawyer

Senior Member
The possession of Marihuana charge is a State Jail felony because of the drug free zone. It otherwise would be a Class A misdemeanor based on the weight. As a state jail felony it is punishable anywhere from six months to two years in State Jail. Xylene, there is no such thing in Texas as possession of Marihuana with intent to deliver. You can only be charged with actual delivery, otherwise it is just possession. My assumption is that the "dist" posted below each charge refers to District Court, which is where these charges would be filed. This is the least serious charge he is facing.

The unlawful possession of a firearm by felon charge and the possession of the controlled substance: morphine are both third degree felonies punishable anywhere between two years up to ten years in prison. If this is indeed in a school zone then the morphine charge could be enhanced up to a second degree which is punishable from between two years and twenty years in prison.

These are the ranges of punishment for each offense. He may be enhanceable to higher degree charges if he has ever been to prison before. If so I'd need to know what he was convicted of and what his sentence was to know if there are any enhancements that apply.

Because he is already a convicted felon he is not eligible for probation from a jury.
 
Last edited:

xylene

Senior Member
As a state jail felony it is punishable anywhere from six months to two years in State Jail. Xylene, there is no such thing in Texas as possession of Marihuana with intent to deliver. You can only be charged with actual delivery, otherwise it is just possession.
I apologize.

Although I do not rule out that the op's 'friend' was charged with delivery.

Add another felony.
 

prissyapril

Junior Member
Controlled Substances Charge

The handgun is my gun it is registered under my name i bought it before me and him were together. Im not sure for the exact charge were when he went ot prison years ago , i think they were 2 attempted murder with a deadly weapon.
 

FlyingRon

Senior Member
The handgun is my gun it is registered under my name i bought it before me and him were together. Im not sure for the exact charge were when he went ot prison years ago , i think they were 2 attempted murder with a deadly weapon.
It matters not who it was registered to or who it belonged to. He's not allowed to have it in his possession. Lucky it's Texas and not here.
 

CavemanLawyer

Senior Member
Without more info I can't tell you exactly how far up he can be enhanced but it does sound like he at least has a single enhancement. There are too many variables based on what you have posted but I can say that he is facing multiple 2nd degree felonies (2 to 20 years) at a minimum and possibly a first degree (5 to 99 years or life). If he has more trips to the penitentiary than you know of he would likely be facing a minimum of 25 years with the enhancements.

Possession in Texas means care, custody, control, OR maintenance. If he knows this firearm is in the house and he chooses to reside there or spend significant amounts of time there then he certainly can be in possession of it.
 

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