It is a completely normal and understandable reaction to be afraid and confused after a drug charge for possession of a controlled substance. One of the best solutions to your concern and situation is to contact a criminal defense attorney to discuss your case. The sooner you contact a criminal defense attorney, the sooner a strategy can be put in place to understand the exact nature of your case and the steps you need to take to resolve it.
As Texas takes drug possession charges seriously, it’s important to understand the exact charges you face and what options you have. Being convicted of a drug possession charge can bring many negative consequences such as imprisonment and/or hefty fines along with many other unanticipated outcomes that can affect your employment, voting rights, 2nd Amendments rights, forfeiture or seizure of your property, driving privileges, and housing to name a few. Again, to best defend against this loss, it will greatly serve you to seek an experienced criminal defense attorney. Please contact Taylor & Lassen here or call us immediately at (210) 625-6540 to review your case and determine if your rights were violated in the arrest, investigation, or prosecution and create a strategy to defend your rights.
To better understand these consequences, the method and consequences of drug charges are listed below as it is defined in the Texas Controlled Substances Act. Each drug is put into a “Penalty Group” and then each Penalty Group is assigned sentencing.
Texas Controlled Substance Penalty Groups
| Penalty Group 1 | Penalty Group 1a |
| Cocaine Heroin Methamphetamine Ketamine Oxycodone & Hydrocodone (over 300 mg) Raw Opium Opium Extracts Methadone |
LSD (Lysergic Acid Diethylamide)* |
| Penalty Group 2 | Penalty Group 2a |
| Ecstasy PCP (Phencyclidine) Mescaline Marinol |
Cannibinol Derivatives |
| Penalty Group 3 | Penalty Group 4 |
| Valium Xanex Ritalin Clonazepam Salvia Hydrocodone (less than 300 mg) |
Morphine Motofen Buprenorphine (an opioid) Pyrovalerone |
Texas Penalties For Drug Possession
| Penalty Group 1 | Penalty Group 1a |
| Less than 1 gram — fine up to $10,000, 180 days – 2 years in jail/prison or both More than 1 gram and less than 4 grams — fine up to $10,000, 2-10 years in prison, or both More than 4 grams and less than 200 grams — fine up to $10,000, 2-20 years in prison, or both More than 200 grams and less than 400 grams — fine up to $100,000, 5-99 years in prison, or both 400 grams or more — fine up to $100,000, 10-99 years in prison, or both |
Less than 20 units— fine up to $10,000, 180 days – 2 years in jail/prison or both More than 20 units and less than 80 units—fine up to $10,000, 2-10 years in prison, or both More than 80 units and less than 4,000 units—fine up to $10,000, 5-20 years in prison, or both 4,000 or more units—fine up to $250,000, 15-99 years in prison, or both |
| Penalty Group 2 | Penalty Group 2a |
| Less than 1 gram— fine up to $10,000, 180 days – 2 years in jail/prison or both More than 1 gram and less than 4 grams—fine up to $10,000, 2-10 years in prison, or both More than 4 grams and less than 400 grams— fine up to $10,000, 2-20 years in prison, or both 400 grams or more—fine up to $50,000, 5-99 years in prison, or both |
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| Penalty Group 3 | Penalty Group 4 |
| Less than 28 grams— fine up to $4,000, at most 1 year in jail, or both More than 28 grams and less than 200 grams— fine up to $10,000, 2-10 years in prison, or both More than 200 grams and less than 400 grams— fine up to $10,000, 2-20 years in prison, or both 400 grams or more—fine up to $50,000, 5-99 years in prison, or both |
Less than 28 grams— fine up to $2,000, at most 180 days in jail, or both More than 28 grams and less than 200 grams— fine up to $10,000, 2-10 years in prison, or both More than 200 grams and less than 400 grams— fine up to $10,000, 2-20 years in prison, or both 400 grams or more—fine up to $50,000, 5-99 years in prison, or both |
Possession of Marijuana
Possession of marijuana is a crime in Texas and is in a controlled substance class all its own. It is governed by Health and Safety Code Section 481.121. The offense is committed when they possess any usable amount of marijuana. “Usable” is not defined by the law and is an issue of fact for the judge or jury.
The penalties for the offense are as follows:
- Less than 2 ounces – fine up to $2,000, at most 180 days in jail, or both
- More than 2 ounces and less than 4 ounces – fine up to $4,000, at most 1 year in jail, or both
- More than 4 ounces and less than 5 pounds – fine up to $10,000, 180 days – 2 years in jail, or both
- More than 5 pounds and less than 50 pounds – fine up to $10,000, 2-10 years in prison, or both
- More than 50 pounds and less than 2,000 – fine up to $10,000, 2-20 years in prison, or both
- More than 2,000 pounds – fine up to $50,000, 5-99 years in prison, or both
The prosecution of marijuana charges varies widely throughout Texas. From reducing or dismissing the charge to formal probation or jail time. A conviction for Possession of Marijuana also has an automatic 180-day driver’s license suspension. For the most favorable outcome, we highly recommend hiring an experienced criminal defense attorney to comprehensively review your case and determine what options you can take to ensure the least disturbance of your daily life.
Please call Taylor and & Lassen immediately to help you navigate this difficult period of your life. The sooner you call, the sooner we can begin to resolve your issues.