Possession of a Controlled Substance

According to arrest data from the Texas Department of Public Safety, the most common reason people are arrested is for possession of a controlled substance. Most of these citizens pose no threat to society, yet they are penalized as if they committed a heinous crime.

Being arrested for possession of a controlled substance can be a frightening experience. On top of time behind bars and expensive fines, a conviction can affect your career and ability to receive loans for education and housing.

Defense Lawyer for Possession of a Controlled Substance in Texas

David Sloane has over 20 years of experience defending those accused of drug crimes in North-Central Texas. He will use his background in criminal investigation and crime scene analysis to formulate a defense plan with your best interest in mind. Exercise your right to legal counsel and contact Law Offices of David Sloane, PLLC today.

Call (817) 810-0088 to schedule a confidential consultation. Law Offices of David Sloane, PLLC defends those accused of drug possession in counties across North-Central Texas such as Tarrant County, Dallas County, Donley County, Potter County and Armstrong County.

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Texas’ Drug Possession Laws

There are countless drugs in the Texas Controlled Substance Act that are illegal to possess. To be charged with possession of a controlled substance, you are required to have knowingly and intentionally possessed any substance classified in one of the act’s penalty groups. This possession must be either actual or constructive.

Actual possession involves having physical control or custody of the drug. For example, having the cocaine in your jacket pocket would be considered actual possession. Constrictive possession, on the other hand, is the legal term used to describe possession in situations where a drug is not on your person, but you know where it is and have control over where it is. This can include having marijuana in a lockbox.

Illegal substances, narcotics, medications and other chemicals are all classified into six penalty groups. These groups are distinguished based on their accepted medical use and potential for abuse and addiction. The groups also establish the penalties for drug crimes in Texas. A valid prescription from a licensed medical professional is the only way you can legally possess any penalty group substances.

Listed in the sections below are examples of substance in each group and their associated penalties for possession.

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Penalty Group 1 & 1-A

The state believes drugs listed in penalty groups 1 and 1-A pose the greatest risk to users. Drugs in penalty group 1 include some of the most abused drugs such as heroin, opium, ketamine and cocaine. Texas believes drugs in this group have no accepted medical use and a high risk of abuse.

The penalties for possession of an illegal drug are always based on the amount. Listed below are the penalties for possession of a controlled substance in penalty group 1.

  • Less than a gram: State jail felony punishable by 180 days to two years in jail and a fine up to $10,000
  • A gram or more, but less than four grams: Third-degree felony punishable by two years to 10 years in prison and a fine up to $10,000
  • Four grams or more, but less than 200 grams: Second-degree felony punishable by two years to 20 years in prison and a fine up to $10,000
  • 200 grams or more, but less than 400 grams: First-degree felony punishable by 5 years to 99 years or life in prison and a fine up to $10,000
  • More than 400 grams: Punishable 10 years to 99 years or life in prison and a fine up to $100,000

LSD and related substances are the main drugs in penalty group 1-A.  Drugs in this group include LSD; it’s salts and derivatives. LSD is a drug taken in units, so charges are based on the number of units found in possession rather than weight.

According to the Texas Controlled Substance Act, you could face the following charges for possession of a substance in penalty group 1-A.

  • State jail felony: Less than 20 units
  • Third-degree felony: 20 or more units but less than 80 units
  • Second-degree felony: 80 or more units but less than 4,000 units
  • First-degree felony: 4,000 or more units but less than 8,000 units
  • 15 years to 99 years or life in prison and up to a $250,000 fine: More than 8,000 units

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Penalty Group 2 and 2-A

Penalty group 2 is primarily made up of hallucinogenic drugs. Substances in this category include MDMA, mescaline, THC concentrates such as edible and oils and most amphetamines. The weight of the drug determines the penalties listed in this group. Listed below are the penalties for possession of a drug in penalty group 2.

  • Less than a gram: State jail felony punishable by 180 days to two years in jail and a fine up to $10,000
  • A gram or more, but less than four grams: Third-degree felony punishable by two years to 10 years in prison and a fine up to $10,000
  • Four grams or more, but less than 400 grams: Second-degree felony punishable by two years to 20 years in prison and a fine up to $10,000
  • 400 grams or more: Punishable by five years to 99 years or life in prison and a fine up to $50,000

Drugs in penalty group 2-A are made up synthetic cannabinoids such as spice and K2. Substances in this penalty group are not considered as harmful on those in penalty group one, but charges are just as harsh. Listed below are the penalties for possession of a drug in penalty group 2-A.

  • Two oz. or less: Class B misdemeanor punishable by up to 180 days in jail, a fine up to $2,000 or both a fine and incarceration
  • More than two oz., but less than four oz.: Class A misdemeanor punishable by up to a year in jail, a fine up to $4,000 or both a fine and time behind bars
  • More than four oz., but less than five lbs.: State jail felony punishable by 180 days to two years in jail and a fine up to $10,000
  • More than five lbs., but less than 50 lbs.: Third-degree felony punishable by two to 10 years in prison and a fine up to $10,000
  • More than 50 lbs., but less than 2,000 lbs.: Second-degree felony punishable by two years to 20 years in prison and a fine up to $10,000
  • More than 2,000 lbs.: Punishable by five years to 99 years or life in prison and a fine up to $50,000

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Penalty Group 3

Now more than ever Americans are taking prescription drugs. Prescription medication can be helpful when taken under the guidance of a medical professional, but deadly when abused. Many of the controlled substances in penalty group 3 include barbiturates such as Xanax, Ativan, and Valium along with anabolic steroids.

Possessing any of the drugs in penalty group 3 without a valid prescription is charged with the following:

  • Class A misdemeanor: Less than 28 grams
  • Third-degree felony: 28 grams or more but less than 200 grams
  • Second-degree felony: 200 grams or more but less than 400 grams
  • Five years to 99 years or life in prison and up to a $50,000 fine: 400 grams or more

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Penalty Group 4

Texas considered substances in penalty group 4 to be the least dangerous. The drugs in this group include substances containing small amounts of codeine and opium such as Tylenol with codeine. You could face the following penalties for possession of a substance in penalty group 4.

  • Less than 28 grams: Class B misdemeanor is punishable by no more than 180 days in jail, a fine up to $2,000 or both a fine and incarceration
  • 28 grams or more, but less than 200 grams: Third-degree felony punishable by two years to 10 years in prison and a fine up to $10,000
  • 200 grams or more, but less than 400 grams: Second-degree felony punishable by two years to 20 years in prison and a fine up to $10,000
  • 400 grams or more: Punishable by 5 years to 99 years or life in prison and a fine up to $50,000

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Possession of Marijuana

Marijuana is the most widely used illicit drug in Texas, yet it is not classified within any of the penalty groups. Instead, the drug is classified by itself. The penalties for possessing marijuana are not as harsh as possessing penalty group 1 and 2 drugs, but the penalties can still be severe.

As with possessing other drugs, marijuana possession is charged based on the amount. According to the Texas Controlled Substance Act, you could be charged with the following for possession of marijuana.

  • Two oz. or less: Class B misdemeanor punishable by no more than 180 days in jail, a fine up to $2,000 or both a fine and time behind bars
  • More than two oz., but less than four oz.: Class A misdemeanor punishable by up to a year in jail, a fine up to $4,000 or both a fine and time behind bars
  • More than four oz., but less than five lbs.: State jail felony punishable by 180 days to two years in jail and a fine up to $10,000
  • More than five lbs., but less than 50 lbs.: Third-degree felony punishable by two years to 10 years in prison and a fine up to $10,000
  • More than 50 lbs., but less than 2,000 lbs.: Second-degree felony punishable by two years to 20 years in prison and a fine up to $10,000
  • More than 2,000 lbs.: Punishable by five years to 99 years or life in prison and a fine up to $50,000

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Additional Resources for Possession of a Controlled Substance

Texas Controlled Substance Act– Follow the link to read the complete text of the act governing possession of a controlled substance. You can find a full list of drugs for each penalty group and learn about other drug crimes such as delivery and manufacturing.

Substance Abuse Trends in Texas – Read through a report by the University of Texas discussing the substance abuse trends in the state for 2017. The report is broken down be commonly abused drugs along with their threat to society, usage patterns and diseases related to substance abuse.

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Texas Attorney for Possession of a Controlled Substance

The Texas Criminal Justice System can be intimidating, but with the help of David Sloane, it doesn’t have to be. David Sloane is a highly respected and sought-after attorney with over two decades of experience defending clients of drug crimes. He vows to aggressively advocate on your behalf and always keep your best interest in mind.

Schedule a time to consult with Law Offices of David Sloane, PLLC. Call (817) 810-0088 or submit your information in the online contact form. David Sloane defends those accused of drug possession in counties such as Dallas County, Tarrant County, Hall County, Wise County and Montague County.

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This article was last updated on Wednesday, February 6, 2019.