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Callahan And King, PLLC
254-863-8599

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Understanding Drug Possession Charges

Texas categorizes controlled substances into five penalty groups, with Group 1 being the most serious and Group 4 the least serious. The penalties for possession of a controlled substance depend on the specific drug (its penalty group) and the quantity you’re accused of possessing. Here’s a more detailed breakdown:

Penalty Group 1

This group includes substances like heroin, cocaine, LSD, and certain analogs. Possession of any amount is considered a felony, with harsh penalties:

  • Less than 1 gram: This is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
  • At least 1 gram but less than 4 grams: This is a 3rd-degree felony, carrying a sentence of 2 to 10 years in prison and a fine of up to $10,000.
  • 4 grams to 200 grams: Possession of this amount or more is a 2nd-degree felony, with a possible sentence of 2 to 20 years in prison and a fine of up to $10,000.
  • 200 grams to 400 grams: This range is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $10,000.
  • 400 grams or more: This is considered an enhanced 1st-degree felony, with a potential sentence of 15 to 99 years in prison and a fine of up to $250,000.

Penalty Group 2

This group includes substances like methamphetamine, oxycodone, and certain hallucinogens. Penalties are also severe:

  • Less than 1 gram: This is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
  • At least 1 gram but less than 4 grams: This is a 3rd-degree felony, with a sentence of 2 to 10 years in prison and a fine of up to $10,000.
  • 4 grams or more but less than 400 grams: This is a 2nd-degree felony, carrying a possible sentence of 2 to 20 years in prison and a fine of up to $10,000.
  • 200 grams to 400 grams: This range is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $10,000.
  • 400 grams or more: This is a 1st-degree felony, with a potential sentence of 5 to 99 years in prison and a fine of up to $50,000.

Penalty Groups 3 & 4

These groups include various prescription drugs and certain synthetic substances. Penalties are less severe but can still be significant:

  • Less than 28 grams (for Group 3) or less than 18 grams (for Group 4): This is typically a Class A misdemeanor, punishable by a fine of up to $4,000 and up to 1 year in jail.
  • Larger quantities: Possession of greater amounts can be charged as a state jail felony or even a 3rd-degree felony, depending on the specific substance and quantity.

Important to Remember

This is just a general overview.  The exact charges and penalties you face will depend on the specific facts of your case.  If you are arrested for possession of a controlled substance in Texas, it’s crucial to consult with an attorney who can advise you on the specific laws and potential consequences you’re facing.