Texas Drug Possession: What Are the Penalties?

Maverick Ray Law
May 18, 2022

Criminal Consequences for Possessing Illegal Drugs in Texas

The unlawful possession of a controlled substance carries significant penalties in the state of Texas. In many cases, you can face jail or prison time upon conviction. If you are arrested for drug possession, you need an attorney. Do not face the criminal justice system alone. You could lose your job, ruin your reputation, and cost you your freedom.

At Maverick Ray & Associates, we know Texas law. Our passionate defense attorneys will fight for you and your freedom. We work tirelessly to ensure that our clients get the best possible disposition on their cases, even when the odds are stacked against them. Just because you are charged, it does not mean you will be convicted. Contact our office now at (281) 672-8029 for a free consultation.

Texas Drug Laws and Penalties

Under Texas law, possession is defined as “actual care, custody, control, or management.”  Penalties for drug possession depend on the type and amount of the controlled substance possessed. Each controlled substance is classified into penalty groups. Each penalty group carries its own penalties depending on the amount possessed.

For instance, you may face a state jail felony if convicted of possessing less than one gram of a substance in Penalty Group 1 or 1-B. The consequences get more severe the greater the amount of the controlled substance that is possessed.

If you are arrested or charged with a drug crime, you need an attorney. A drug possession attorney can help you understand the legal process and fight the charges against you.

Fighting Drug Possession Charges

Drug possession can be charged as a misdemeanor or a felony, depending on the circumstances of the case. In order to fight any drug possession charges, you need a defense attorney who is not afraid to take your case to trial.

Potential defenses in drug offense cases:

  • Illegal search and seizure
  • Substance legally in your possession
  • Lack of knowledge (did not knowingly or willfully possess the drug)
  • Chain of custody issues

If you believe that you were wrongfully accused of drug possession, you need to act quickly. Even for minor drug offenses, you could face a fine of up to $10,000 and up to six months in jail. A felony drug possession conviction could send you to state prison for a year or more.

Marijuana Possession in Texas

Despite many states legalizing the recreational use of marijuana for adults, Texas still considers possession of the drug a crime.

Possession of up to 2 ounces of marijuana is a misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of 4 ounces could result in a felony conviction, with a mandatory minimum sentence of 180 days and a fine of up to $10,000.

If you are charged with possessing marijuana, you need an attorney. It is illegal and could result in jail or prison time.

Hiring a Drug Possession Attorney

Do not face drug possession charges alone. Contact our office at (281) 672-8029 for a free, no-obligation consultation. Our lawyers will help you understand your rights and fight the charges you face. Get the help you need now. Call today to get started.