In Texas, penalties for drug possession are based on the type of substance you are accused of possessing. To understand potential penalties, you must know which drug is associated with which penalty. That means knowing how drugs are classified in our state.
Drugs are divided into six penalty groups in Texas. They’re classified according to their ability to cause abuse and addiction, as well as by any recognizable medical value they possess. Those drugs with more medical value and less danger go into the less serious groups. As danger increases and medical value decreases, drugs get classified into more serious groups.
It’s probably no surprise that the drugs in the more serious groups come with more severe charges and penalties. What you may not know, though, is that Texas statutes state that you can be charged not just for possession of the drugs themselves, but also possession of the compounds used in their manufacture. These charges are punishable with fines, imprisonment, and more.
Understanding the Six Drug Penalty Groups in Texas
If you are facing charges of drug possession, a skilled attorney can advise you on the group that includes the substance you’re charged with possessing. Here is an example from Penalty Group 1 of the penalties for drug possession.
Penalty 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
The other groups encompass a variety of controlled substances. The lowest possible sentence for drug possession other than marijuana is up to six months in jail and up to $2,000 in fines. The highest possible sentencing for drug possession is life in prison and a maximum fine of $250,000.
How about marijuana? Texas statutes place it in Penalty group 2-A – all by itself. Penalties may be classified as a misdemeanor for possession of two ounces or less, with up to 180 days in jail and up to $10,000 in fines. However, they increase sharply from there. If you are charged with possessing over 2,000 pounds of marijuana, you can face life in prison and up to $50,000 in fines.
Other drugs also have unique legal wrinkles. If you have been charged with anhydrous ammonia possession, know that charges apply if the compound was possessed or transported in an inappropriate container. You could face between two and 10 years in prison and up to $10,000 in fines.
How to Defend Yourself against Texas Drug Possession Charges
Possible defenses for drug possession charges include:
- Lack of knowledge of possession
- Drugs belonged to another
- Drugs were planted
- Drug is not proved illicit under crime lab analysis
- Drug was not meant for human consumption
- Newly approved drug under federal guidelines
- Drug approved for investigational use under federal guidelines, and defendant is an approved candidate for use
- Medical marijuana
- Drug was prescribed by a doctor
- Not enough of the drug in possession to meet penalty threshold
- Unlawful search and seizure
- Drugs are missing from evidence storage
- Entrapment
Addiction is never a valid defense. You will need to talk with an experienced attorney to understand the defenses that may be used in your specific case.
To fight drug possession charges, you must be able to prove that you did not knowingly or intentionally possess the drug in question, or that you had a valid medical prescription for the drug. A qualified lawyer can help you build a solid case. They will work to protect your reputation and defend your rights. Reach out today for a free case review.
About the Author:
After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. His skill has earned him recognition from the National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Attorney in Criminal Defense, Top Attorney in DUI & DWI, 10/10 Superb Rating), and he is Lead Counsel rated.
