OPIUM POSSESSION

What is it? Opium is the dried latex obtained from opium poppies that contains up to 12% morphine that also commonly produces heroin. The latex also includes codeine and non-narcotics. The latex is removed from the plant by scoring the immature seed pods causing latex to leak, which then dries into a brown sticky residue. The brown residue is scraped from the seed pods and ingested.

What makes it illegal? Sec. 481.115.  OFFENSE: POSSESSION OF SUBSTANCE 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.

What are the Punishments? The Texas Health and Safety Code includes Opium in the Penalty Group 1 for illegal controlled substances. This means that less than one gram is a state jail felony, punishable by between 180 days to 2 years in state jail and fines less than $10,000. 1 gram to 4 grams is a third degree felony, punishable by between 2-10 years in state prison with no more than $10,000 fines. Between 4-200 grams will bring a second degree felony, with 2-20 years in prison. More than that weight or amount will yield even higher punishments.

Common Criminal Cases Involving Opium: Much like other drug possession arrests, opium arrests are mainly made as the result of being stopped, detained, or arrested for other charges, when an officer searches either the person's pocket, bag, or their car.

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