If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges.
Texas Drug Possession Laws
The Texas Controlled Substances Act assigns penalties according to the type and amount of drug involved. Drugs are classified into four groups, based on their ability to cause addiction and their medical value. Penalties are given according to the penalty group.
Penalties for Group 1:
- Less than one gram: minimum 180 days in jail or maximum two years in prison, maximum fine of $10,000, or both
- Between one gram and four grams: between two and ten years in prison, maximum fine of $10,000, or both
- Between four grams and 200 grams: between two and 20 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams: between five and 99 years in prison, maximum fine of $100,000, or both
- Four hundred grams or more: between 10 and 99 years in prison, maximum fine of $100,000, or both
Penalties for Group 2:
- Less than one gram: between 180 days in jail and two years in prison, maximum fine of $10,000, or both
- Between one gram and four grams: between two and 10 years in prison, maximum fine of $10,000, or both
- Between four grams and 400 grams: between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more: between five and 99 years in prison, maximum fine of $50,000, or both
Penalties for Group 3:
- Less than 28 grams: up to one year in jail, maximum fine of $4,000, or both
- Between 28 grams and 200 grams: between two and 10 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams: between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more: between five and 99 years in prison, maximum fine of $50,000, or both
Penalties for Group IV:
- Less than 28 grams: up to 180 days in jail, maximum fine of $2,000, or both
- Between 28 grams and 200 grams: between two and 10 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams: between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more: between five and 99 years in prison, maximum fine of $50,000, or both
Get Legal Help for Your Drug Possession Charges
An experienced Texas drug crimes attorney can use several different defenses to get your charges reduced or dropped. Here are some of the most common defenses that work in drug possession cases.
Lack of knowledge—you didn’t realize the drug was in your possession
Not intended for human consumption—such as hemp for rope, not for marijuana use
Covered by prescription—for investigational use or for medical marijuana use
Quantity issues—the quantity is insufficient for charges to apply
Purity issues—the drug in possession only has trace amounts of the actual controlled substance
Call today for a free consultation with a skilled Texas criminal defense attorney who gets results to learn more about possible defenses to your charges.
About the Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.