Drug Possession Laws and Penalties in Texas

If you are facing drug possession charges or know someone who is, you are likely concerned about the case outcome. Understanding drug possession laws and penalties in Texas can provide perspective on how cases may be resolved depending on the individual circumstances.

In addition, viewing these penalties shows how seriously Texas takes drug laws in its effort to reduce the criminal and health statistics associated with them. The law has been structured very specifically to combat the problem of drug possession and the other crimes it’s often linked to.

What Factors Impact Texas Drug Possession Cases?

Drug legislation is vast and complex for many reasons. One such reason is the need to address the various types of drugs in circulation today. While all drugs can potentially be harmful if used improperly, Texas drug crime laws often revolve around factors such as:

• The potential medical use of a drug
• The likelihood of addiction in the user
• Existing rates of usage and overdose among the population
• Prevalence of a specific drug in Texas

When it comes to drug possession charges, there are many factors that can influence case verdicts and punishments. Everything from the amount of the substance to the person’s court history can play a role.

Understanding Texas Drug Group Classifications

In Texas drug possession cases, substances are typically categorized under four classifications. These groups were designed to organize a framework for processing drug charges:

• Texas Penalty Group 1 includes cocaine, methamphetamine, ketamine, heroin, oxycodone, and other opiate derivatives. There are also subgroups that include Group 1A and 1B, which cover LSD and fentanyl, respectively.
• Texas Penalty Group 2 includes Ecstasy, amphetamines, synthetic cannabinoids, bath salts, Ritalin, and other similar drugs.
• Texas Penalty Group 3 includes anabolic steroids, Xanax, Lorazepam, and Diazepam.
• Texas Penalty Group 4 includes drugs containing small amounts of opium and non-narcotic medicines that contain small amounts of narcotics.

What Are the Punishments for Drug Possession in Texas?

The punishments for drug possession in Texas depend on the type of drug. The law divides them into several categories, with different rules and punishments for each.

Possession of drugs in Penalty Groups 1, 1B, and 2 can result in the following punishments:

• Up to one gram – state jail felony
• 1-4 grams – felony in the third degree
• 4-200 grams – felony in the second degree
• 200-400 grams – felony in the first degree
• Over 400 grams – a fine of $100,000 and 10 years to life in prison

Possession of Penalty Group 1A drugs can lead to these charges:

• Fewer than 20 abuse units – state jail felony
• 20-80 abuse units – felony in the third degree
• 80-4,000 abuse units – felony in the second degree
• 4,000-8,000 abuse units – felony in the first degree

Penalty Groups 3 and 4 have some of the least severe penalties for possession, including:

• Less than 28 grams – Class A and Class B misdemeanors, respectively
• 28-200 grams – felony in the third degree
• 200-400 grams – felony in the second degree
• Over 400 grams – up to $50,000 in fines and 5 years to life in prison

In addition to the type of drug and amount, a case can be affected by other factors, such as the drug and arrest history of the accused.

Why Texas Focuses Heavily on Drug Crime Laws

These legal professionals understand from firsthand experience in the courtroom how seriously Texas takes these cases. Since 1999, 76,000 Texans have passed away from drug overdoses. Strategic and aggressive prosecution of drug crimes is aimed at reducing the number of deaths, as well as the rates of addiction and associated issues like trafficking.

Due to its massive economy and location, Texas faces drug issues that are not common in all states. Just recently, state authorities seized materials in such a large amount that they could’ve made drugs with a street value of $569 million – the largest bust of its kind in history. Efforts like these have made it harder to get drugs, which has contributed to a drop in addiction and overdose rates.

FAQs

What Is the Punishment for Drug Possession in Texas?

The punishment for drug possession in Texas depends on the type of drug, the amount, and the criminal history of the accused. For misdemeanors such as lower categorized drugs and small amounts, the punishment can range from 90-180 days in jail, whereas more serious offenses like possession of larger amounts of higher-risk substances can result in 10-99 years or life.

How Many Grams Is Considered a Felony in Texas?

The amount of grams considered a felony in Texas depends on the type of substance and its classification in one of the four Penalty Groups. For Groups 1, 1A, 1B, and 2, any possession can be considered a felony. For Groups 3 and 4, 28-200 grams is a 3rd-degree felony.

How Long Can You Go to Jail for Possession of Drugs in Texas?

In Texas, the amount of jail time a person may receive for possession of drugs is relative to their situation. Some people may serve only a few months, while others can be imprisoned for decades. Possessing larger amounts of substances, especially those higher up on the Penalty Group framework, increases the chance of a longer sentence.

What Is a Mandatory Minimum Sentence in Texas?

A mandatory minimum sentence in Texas is a period that a person must serve if found guilty of a specific crime. This sentence is one that cannot be suspended by judicial discretion. These policies were popularized specifically during the beginning of the War on Drugs. Most of these apply to large-scale trafficking and distribution operations, rather than simple possession.

Hire a Drug Crime Lawyer to Help With Your Possession Case

If you’re facing a drug crime charge, specifically regarding possession, hiring a knowledgeable legal professional could safeguard your future. Our talented and caring defense attorneys here at Surginer Stewart PLLC bring three decades of combined experience, including direct experience handling Texas drug possession cases. We can inform you about drug possession laws and penalties here in Texas so that you gain clarity regarding your situation.

Our team has helped people navigate the challenging legal ramifications of simple mistakes, troubling circumstances, and the grip of addiction. If you’re someone who is facing a charge due to one or more of these reasons, you are not alone. Our talented team of lawyers can draw on vast experience to help you prepare, answer your questions, and guide you toward the fairest outcome possible for your case. Contact us today to hire a drug crime lawyer.