What Are the Penalties for Drug Possession in Texas?

Photo of arrestTexas is actually one of the stricter states when it comes to drug possession law. The Texas Controlled Substance Act separates drugs into four classes, each with their own regulations and penalties. Marijuana, however, is separated to its own class altogether.

Penalties for Drug Possession in Texas

Texas drug laws can impose penalties that range from a Class “B” misdemeanor to a Class “A” felony, with consequences varying from a few days in county jail and a small fine to life imprisonment and up to $250,000 in fines.

The penalties are determined based on a number of factors, including:

  • Type of drug
  • Quantity
  • Past convictions
  • Intent to sell
  • How the drug was stored
  • Possession of paraphernalia

Possession of Marijuana

Since marijuana is classified separately from other drugs, the penalties for possessing it are often different. The most common marijuana-related charge is possession of less than two ounces, which carries a penalty of no more than 180 days in jail.

For offences involving possession of more than two ounces, you could be looking at as much as 20 years in jail and a hefty fine.

Possession of Group 1 Drugs

Group one drugs include cocaine, heroin, and methamphetamine. Depending on the amount in possession, penalties could range from a minimum of two years and a $10,000 fine to life in prison.

Group 1A includes hallucinogens such as LSD and carries similar penalties.

Possession of Group 2 Drugs

MDMA (also called ecstasy or Molly), mescaline, and PCP are examples of group 2 drugs. Hashish and other cannabis forms with extracted THC are also included.

Penalties for possession can be anywhere from two years for possession of less than a gram to a life sentence.

Possession of Group 3 and 4 Drugs

Groups 3 and 4 include many prescription drugs such as Ritalin, Valium, Xanax, Vicoden, etc. The penalties range from a year in prison and $4000 fines to 20 years’ imprisonment and $10,000 fines.

If you are being charged with drug possession, it is in your best interest to consult a criminal defense lawyer. Texas drug laws carry serious consequences and should not be taken lightly.

Contact a defense attorney with Julian, Crowder & Shuster to start planning your defense and discuss your options moving forward. 

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