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Drug Crimes

Possession of Controlled Substance Criminal Attorneys

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:

  • Type of drug you possess; 
  • Amount of drug you have in your possession; 
  • How the drug was stored or concealed; 
  • Whether you were in possession of other drug paraphernalia; and
  • Whether you have previous convictions.  

Types of Drug Charges

Each carry different penalties and can enhance the others. 

  • Drug Possession
  • Possession of Paraphernalia 
  • Possession with intent to sell, manufacture, or distribute

Consequences of a drug crime

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.

Consult with an experienced drug defense attorney today

Schedule your free consultation with one of our Texas drug defense attorneys by calling (817) 482-6570 or contact us online to begin your drug defense case.

Frequently asked questions about drug defense

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.

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