What are the Penalties for Possession of a Controlled Substance in Texas?

What are the Penalties for Possession of a Controlled Substance in Texas?

Drug possession is a serious offense in Texas so penalties for possession of a controlled substance can be severe. Under state law (Texas Controlled Substances Act, Health & Safety Code, and Texas Penal Code), a conviction, and sometimes even just an arrest, for possession of a controlled substance is subject to strict criminal penalties. So, what exactly are the penalties for drug possession in Texas? The short answer is that they vary widely — with the two most important factors being what the specific substance is classified as and the amount of that substance someone is accused of being in possession of.

Texas law classifies controlled substances in one of four penalty groups. The penalty groups are numbered from 1 to 4. Generally, the severity of the substance and the criminal charge starts at penalty group 1 and goes all the way up to penalty group 4, decreasing in severity as the penalty group increases. Nonetheless, every charge and case is unique. So, no matter which penalty group the controlled substance falls under, the consequences will be steep.

The next important factor has to do with the weight of the controlled substance. With weight, the issue is the same regardless of which group the controlled substance falls under. Texas law dictates the level of the offense based on how much of the controlled substance is at issue. As you may have guessed, the offense’s severity is dependent on how much the controlled substance weighs.

Here, our Galveston drug possession defense lawyers provide a brief overview of the penalties for possession in Texas.

Drug Possession in Texas: An Overview of the Penalty Groups

Penalty Group 1:

The drugs included in Penalty Group 1 are the most heavily regulated in Texas. Essentially, this group includes substances deemed to be the most dangerous and addictive. Some notable examples of drugs included in Penalty Group 1 are:

• Opioids (which includes painkillers like codeine, hydrocodone, and oxycodone);
• Heroin;
• Cocaine;
• Methamphetamine;
• LSD; and
• Ketamine

Penalty Group 2:

In Texas, Penalty Group 2 drugs are slightly less dangerous than Penalty Group 1 substances. Generally, this grouping is made up of some common hallucinogenic drugs, including:

• Ecstasy (MDMA);
• PCP;
• Psychedelic mushrooms; and
• Amphetamines

Penalty Group 3:

Penalty Group 3 includes many controlled substances that have a depressive or stimulant effect. For example, this grouping includes:

• Benzodiazepines;
• Anabolic steroids;
• Valium; and
• Methylphenidate (also known as Ritalin)

Penalty Group 4:

Finally, Penalty Group 4 is made up of a wide range of other controlled prescription medications, which carry the potential for abuse. For instance, many opioid derivatives covered by Penalty Group 1 are included in this group.

Special Category: Marijuana

For several different reasons, marijuana is handled as its own distinct category apart from the above-mentioned four penalty groups. Generally, possession of a small amount of marijuana will be charged as a misdemeanor in Texas. Please know that Texas is strict when it comes to marijuana possession. Unlike the trend being set by many other states when it comes to the legalization and decriminalization of marijuana, Texas has yet to follow suit. Unlike many other jurisdictions, prosecutors still pursue criminal drug possession charges for marijuana in Texas in many cases.

Frequently Asked Questions On Possession Of A Controlled Substance In Texas

What Does “Possession” Mean in Texas?

Under Texas law, possession refers to having actual care, custody, control, or management of a controlled substance. This can include having the substance on your person or in a place where you have control over it.

What Are the Penalties for Possession of a Controlled Substance?

The penalties vary depending on the type and amount of the substance. For example, possession of less than a gram of a Group 1 or 2 substance (e.g., cocaine, methamphetamine) is a state jail felony, which can result in up to 2 years in state jail and a fine of up to $10,000. Possession of larger amounts or more dangerous substances can lead to more severe penalties, including longer prison sentences and higher fines.

What Are the Penalty Groups for Controlled Substances?

Texas law categorizes controlled substances into six penalty groups, with Penalty Groups 1, 1-A, 2, and 2-A carrying the most severe punishments. The penalties depend on the substance’s danger level and the quantity possessed.

Can I Be Charged with Possession Even if the Drugs Aren’t Mine?

Yes, you can be charged with possession even if the drugs belong to someone else, as long as you had control over them or knew they were present.

What Should I Do If I’m Arrested for Possession?

It’s important to exercise your right to remain silent and contact a criminal defense attorney as soon as possible. An experienced attorney can help protect your rights and build a strong defense.

Can I Get Probation for a First-Time Offense?

It’s possible to receive probation for a first-time offense, but it depends on the circumstances and the judge’s discretion. Probation typically includes conditions like regular drug testing, community service, and attending counseling.

How Can a Drug Crimes Attorney Help Me?

A drug crimes attorney can examine the details of your case, look for any violations of your rights during the arrest process, and develop a strategic defense to achieve the best possible outcome.

Call Our Galveston Texas Drug Possession Defense Lawyer Today At (409) 515-6170

Mark A. Diaz is an experienced Texas drug possession defense attorney in Galveston County. If you or your family member was charged with possessing a drug/controlled substance, we are here to help. For a fully private, no-obligation consultation with a top criminal defense attorney, please contact our law firm now. From our location in Galveston, we serve clients all over Southeast Texas, including Texas City, League City, Santa Fe, Friendswood, Dickinson, Pearland, and Webster.

(Updated 10/28/2024)