Overview Of Drug Possession Charges In Texas

Imagine leaving a party with a friend or traveling from another state with your prescribed medication when the police stop you.

In an instant, your life is turned upside down, and you’re left grappling with the weight of criminal drug charges in Texas.

What does it mean to face this serious accusation, and how can you protect yourself?

Below, our experienced San Antonio drug crime lawyers break down the consequences of drug possession charges and what you can expect when facing these charges in Texas.

For a free consultation, please call (210) 455-1000 or send us an online message today.

Texas Drug Possession Laws

Under Texas drug possession laws, knowingly or intentionally possessing a controlled substance without a valid prescription is illegal.  

The type and amount of the substance, prior offenses, and other factors play a critical role in determining penalties. As outlined in the Texas Controlled Substances Act, controlled substances are categorized into four penalty groups, each carrying different consequences.

Key Elements Of Drug Possession

For the prosecution to convict you of drug possession, they must prove the following elements of the crime beyond a reasonable doubt:

• You possessed a drug—the drug was on your person, or you had control over it;
• You acted knowingly or intentionally—you were aware of the substance’s presence and its illegal nature, and you intended to possess it; and
• The drug is a controlled substance—the drug must be classified under the Texas Penal Code as a controlled substance.

The charges may be dismissed if the prosecution fails to establish these elements.

How Texas Classifies Controlled Substances

If law enforcement charges you with having drugs, you might wonder, Is possession of a controlled substance a felony or misdemeanor?

What are the penalties?

These are common questions. Texas classifies controlled substances into a tiered system called penalty groups, with harsher penalties for more dangerous drugs.

Here’s a list of drug charges and sentences in Texas, along with a description of whether the offense would be charged as a felony or misdemeanor. But, keep in mind that the tier structure is complex and fully described in the relative Texas statute, beginning with Texas Health & Safety Code Section 481.101 through Section 481.105.

Penalty Groups 1 & 1-A

These groups include potent and highly addictive substances like cocaine, heroin, methamphetamine, LSD, and certain prescription opioids:

• Less than 1 gram (Group 1) or less than 20 units (Group 1-A)—state jail felony;
• 1-4 grams (Group 1) or 20-80 units (Group 1-A)—third-degree felony;
• 4-200 grams (Group 1) or 80-4,000 units (Group 1-A)—second-degree felony;
• 200-400 grams (Group 1) or 4,000-8,000 units (Group 1-A)—first-degree felony; and
• Over 400 grams (Group 1)—enhanced first-degree felony.

Possession of paraphernalia associated with these drugs can also lead to fines.

Penalty Group 2

This category covers substances like MDMA (ecstasy), PCP, hashish, and synthetic cannabinoids, which are categorized as follows:

• Less than 1 gram—state jail felony;
• 1-4 grams—third-degree felony;
• 4-400 grams—second-degree felony; and
• Over 400 grams—first-degree felony. 

As you can see, the severity of the charge level generally increases as the amount of the substance possessed increases.

Penalty Groups 3 & 4

This group includes prescription drugs like Valium, Xanax, anabolic steroids, and Ritalin when unlawfully possessed. It also includes compounds that combine small amounts of narcotics with non-narcotic substances or specific prescription medications. 

The classification for these groups is as follows:

• Less than 28 grams—class A misdemeanor;
• 28-200 grams—third-degree felony;
• 200-400 grams—second-degree felony; and
• Over 400 grams—first-degree felony.

Again, the charge severity and penalties generally increase with the amount of the substance possessed, ranging from misdemeanors for small amounts to felony convictions for larger quantities.

What Are The Penalties For Drug Possession?

Drug possession charges range from relatively minor misdemeanors to serious felonies, depending on the substance, quantity, and circumstances. Additional factors, such as possession in a drug-free zone (e.g., near schools or daycare facilities), can lead to enhanced penalties.

Below are the general sentences for the level of offense the State charges you with:

• Class C misdemeanor—fines of up to $500;
• Class B misdemeanor—up to 180 days in jail and/or fines up to $2,000;
• Class A misdemeanor—up to 1 year in jail and/or fines up to $4,000;
• State jail felony—180 days to 2 years in state jail and/or fines up to $10,000;
• Third-degree felony—2 to 10 years in prison and/or fines up to $10,000;
• Second-degree felony—2 to 20 years in prison and/or fines up to $10,000; and
• First-degree felony—5 to 99 years or life imprisonment and/or fines ranging from $50,000 to $250,000.

A drug possession conviction can have additional lasting consequences, including job loss, difficulty securing housing, and a permanent criminal record. Consult with a criminal defense attorney to fully understand your legal options and potential defenses for drug possession charges.

First-Time Drug Possession Charges In Texas

First-time offenders may qualify for deferred adjudication or probation in lieu of incarceration.

These options often involve meeting specific conditions like:

• Completing drug education courses,
• Undergoing rehabilitation, or
• Performing community service.

While some programs can help offenders avoid a criminal record, there is no guarantee that the prosecution will offer such an option. An experienced attorney can evaluate your eligibility and advocate for these outcomes to minimize the potential long-term consequences of a conviction.

Have More Questions? Contact Us For Personalized Answers

Texas has strict penalties for drug offenses, leaving little room for error. Without a strong defense, you risk harsh penalties and a criminal record that can follow you for life. But you don’t have to let drug possession charges in Texas derail all of your plans for the future.

At Fowlks Law Firm, we provide compassionate, proven, and effective criminal defense backed by years of experience.

Contact us online or call (210) 455-1000 today for a free, confidential consultation to learn how we can guide you through the court system and help you fight for the best result.

Frequently Asked Questions

What Are Drug-Free Zones, And How Do They Affect Drug Possession Charges?

Drug-free zones, such as those within 1,000 feet of schools, playgrounds, and daycare centers, carry enhanced penalties for drug possession. Being charged with possession in a drug-free zone can result in higher fines, longer sentences, and stricter probation terms—even for small quantities of controlled substances.

Can Drug Paraphernalia Lead To Additional Charges?

Yes, possession of drug paraphernalia, such as pipes, syringes, or scales, can lead to separate charges under Texas law. While typically a misdemeanor, these charges can strengthen the prosecution’s case against you by suggesting the intent to use or distribute drugs.

What Happens If You’re Arrested For Prescription Drug Possession Without A Prescription?

Possessing prescription medications without a valid prescription, even for common drugs like Xanax or Adderall, is illegal in Texas and can result in serious legal consequences. Depending on the drug’s penalty group and quantity, you could face misdemeanor or felony charges, along with potential fines, jail time, or probation.

How Long Do You Go To Jail For Possession?

Jail time varies depending on the charge, and even possession of small quantities can result in incarceration. However, working with an experienced attorney can improve your chances of reduced sentencing or alternative penalties.

Resources:

• Tex. Health & Safety Code § 481.115, link
• Tex. Health & Safety Code § 481.125, link
• An at-a-glance chart of punishments for drug possession, delivery, and manufacture. Texas District & County Attorneys Association (2023), link
• Overview of Penalties. University of Texas Health San Antonio, link