Dallas Drug Possession Lawyers

Texas Drug Possession Laws

Texas has harsh drug possession laws. Although some offenses may be charged as misdemeanors, many others are considered felonies. This means that if you’ve been charged and are subsequently convicted, you could face years of incarceration and/or steep fines. Additionally, you’ll have a permanent criminal record, which can make it difficult for you to live your life as you once did. Finding a job, getting financial aid for school, or even finding a home could be challenging. To avoid or minimize the effects of a conviction, you need to aggressively fight your charges with the help of an experienced lawyer.

At Palmer Perlstein, our Dallas drug possession lawyers have over 140 years of collective experience, and we are skilled at building effective defense strategies for drug possession charges. Two members of our team are former prosecutors, who offer unique insights into how the other side thinks and develops cases. Additionally, Attorney Scott Palmer is a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization. When you hire us, you’ll benefit from our range of knowledge, skills, and resources, as we provide personalized attention while working together as a team to fight your charges and seek a favorable outcome on your behalf.

Learn more about our strategic approach to cases and how we can provide the defense you need by calling our Dallas drug possession attorney at (214) 891-3382 today.

Possession of Controlled Substances in Texas

An individual can be charged with possession of a controlled substance if they knowingly or intentionally possess a substance found in one of the 6 Penalty Groups under Texas Health and Safety code sections 481.115 through 481.118.

Texas Drug Penalty Groups

Penalty Group 1 Drugs
Penalty Group 1A Drugs
Penalty Group 2 Drugs
Penalty Group 2A Drugs
Penalty Group 3 Drugs
Penalty Group 4 Drugs
Possession of Marijuana

Texas Drug Possession Penalties

Texas divides controlled substances into 6 penalty groups. The level of charge and potential conviction penalties depend on which penalty group the drug is classified under and the amount of the drug. The charges can range from Class B misdemeanors to first-degree felonies.

In Texas, the penalties for the drug possession charges include:

Class B misdemeanors: up to 180 days in jail and/or a fine of up to $2,000
Class A misdemeanors: up to 1 year in jail and/or a fine of up to $4,000
State jail felonies: up to 2 years in state jail and/or a fine of up to $10,000
Third-degree felonies: up to 10 years in prison and/or a fine of up to $10,000
Second-degree felonies: up to 20 years in prison and/or a fine of up to $10,000
First-degree felonies: up to 99 years in prison and/or a fine of up to $10,000

Texas Group 1 Drug Possession Penalties

This group contains opiates, opium derivatives, methamphetamine, ketamine, and PCP, among others.

Charges for possession of Penalty Group 1 drug include:

State jail felony for less than 1 gram
Third-degree felony for 1 to 4 grams
Second-degree felony for 4 to 200 grams
First-degree felony for 200 to 400 grams
If the amount of the substance was 400 grams or more, the offense is punishable by 10 to 99 years in prison and a fine of up to $100,000

Texas Group 1A Drug Possession Penalties

LSD is the only drug included in this penalty group.

The following are the charges:

State jail felony for possession of fewer than 20 units
Third-degree felony for 20 to 80 units
Second-degree felony for 80 to 4,000 units
First-degree felony for 4,000 to 8,000 units
If the amount was 8,000 units or more, the penalties include up to 99 years in prison and a fine of up to $250,000

Texas Group 2 Drug Possession Penalties

Included in this group are hallucinogenics, phenylacetone, depressants and stimulants, and 2-aminopropanal compounds.

An accusation could lead to the following charges:

State jail felony for less than 1 gram
Third-degree felony for 1 to 4 grams
Second-degree felony for 4 to 400 grams
For possession of more than 400 grams, the penalties include 5 to 99 years in prison and up to $50,000 in fines

Texas Group 2A Drug Possession Penalties

Compounds that mimic the effects of cannabinoids are included in this group.

Charges include:

Class B misdemeanor for 2 ounces or less
Class A misdemeanor for 2 to 4 ounces
State jail felony for 4 ounces to 5 pounds
Third-degree felony for 5 to 50 pounds
Second-degree felony for 50 to 2,000 pounds
Possession over 2,000 pounds can lead to 5 to 99 years in prison and a fine of up to $50,000

Texas Group 3 Drug Possession Penalties

Substances listed in this penalty group are mainly prescription medications, such as Ritalin, Preludin, Xanax, codeine, and morphine. These are drugs that contain stimulants, depressants, and narcotics.

The charges include:

Class A misdemeanor for less than 28 grams
Third-degree felony for 28 to 200 grams
Second-degree felony for 200 to 400 grams
If the offense involved possession of more than 400 grams, it’s penalized by 5 to 99 years in prison and a fine of up to $50,000

Texas Group 4 Drug Possession Penalties

This penalty group includes substances containing narcotics in limited quantities, Buprenorphine or Butorphanol, or Pyrovalerone.

Possession of these substances can result in the following charges:

Class B misdemeanor for less than 28 grams
Third-degree felony for 28 to 200 grams
Second-degree felony for 200 to 400 grams
Possession of 400 grams or more is punishable by 5 to 99 years in prison and up to $50,000 in fines

Possession of Marijuana Penalties in TX

Possession of marijuana charges are different from those in the penalty groups listed above.

They are as follows:

Class B misdemeanor for 2 ounces or less
Class A misdemeanor for 2 to 4 ounces
State jail felony for 4 ounces to 5 pounds
Third-degree felony for 5 to 50 pounds
Second-degree felony for 50 pounds to 2,000 pounds
Possession of more than 2,000 pounds is punishable by 5 to 99 years in prison and a fine of up to $50,000