In Texas, if you knowingly possess a drug for which you do not have a valid prescription you are in violation of the Texas Controlled Substances Act.
Texas organizes illegal drugs into four classes each with its own set of penalties. The penalties depend upon a list of factors that include but are not limited to:
Each carry different penalties and can enhance the others.
The punishments vary depending upon the Penalty Group. The range of punishment for Penalty Group 1, which contains heroin and cocaine is as follows:
State Jail Felony: Possession is less than 1 gram. The punishment is 6 months to 2 years in a state jail and a fine of no more than $10,000.00.
Third Degree Felony: Possession is 1 to 4 grams. The punishment is 2 to 10 years and no more than a $10,000.00 fine.
Second Degree Felony: Possession is 4 to 400 grams. The punishment is 2 to 20 years and no more than $10,000.00 fine.
First Degree Felony: Possession is more than 400 grams. The punishment is 5 years to life and a fine of no more than $10,000.00.
Unless the law enforcement office has a warrant to search your vehicle, you should never consent to the search.
In Texas, marijuana is still a criminalized drug. However, our criminal defense attorneys have experience in getting possession of marijuana charges dismissed.