Everything you need to know about drug possession punishments in Texas

In Texas, it is illegal to possess certain drugs, also known as controlled substances, without a valid prescription. The possession of controlled substances is regulated by the Texas Controlled Substances Act, which divides drugs into penalty groups based on their potential for abuse and the severity of the penalties for possession.

Penalty Group 1 includes drugs with a high potential for abuse and no accepted medical use, such as heroin and LSD. Penalty Group 1A includes drugs with an even higher potential for abuse, such as fentanyl and its analogues. Penalty Group 2 includes drugs with a high potential for abuse and limited medical use, such as cocaine and methamphetamine. Penalty Group 3 includes drugs with a lower potential for abuse and accepted medical use, such as certain prescription drugs like Vicodin and Xanax. Penalty Group 4 includes drugs with a lower potential for abuse and limited medical use, such as certain prescription cough medications containing codeine.

The punishment for possession of a controlled substance in Texas depends on the quantity of the drug and the penalty group it belongs to. For example, possession of less than one gram of a substance in Penalty Group 1 is a state jail felony, which carries a punishment range of 180 days to two years in a state jail and a fine of up to $10,000. Possession of more than 400 grams of a substance in Penalty Group 1 is a first-degree felony, which carries a punishment range of five to 99 years in prison and a fine of up to $50,000.

It is important to note that these are general guidelines and the specific punishment for possession of a controlled substance may vary based on the circumstances of the case and the defendant’s criminal history. If you have been charged with possession of a controlled substance in Texas, it is important to consult with a qualified criminal defense lawyer to understand your rights and options.

In Texas, a person’s prior criminal history can affect the punishment range they face for a possession of a controlled substance charge. Under the Texas Penal Code, prior convictions can enhance the punishment range for a subsequent offense. For example, if a person has been convicted of a state jail felony or higher-level offense in the past, they may face an enhanced punishment range for a subsequent possession of a controlled substance charge.

For example, if a person with no prior criminal history is charged with possession of less than one gram of a substance in Penalty Group 1, they would face a punishment range of 180 days to two years in a state jail and a fine of up to $10,000. However, if that same person had one prior conviction for a state jail felony or higher-level offense, the punishment range for their possession charge would be enhanced to two to 10 years in prison and a fine of up to $10,000.

It is important to note that these are general guidelines and the specific enhancement for possession of a controlled substance may vary based on the circumstances of the case and the defendant’s criminal history.

For example, In Texas, a state jail felony is a type of criminal offense that carries a punishment range of 180 days to two years in a state jail and a fine of up to $10,000. State jail felonies include offenses such as possession of a controlled substance in Penalty Groups 1, 1A, 2, or 3 in an amount less than one gram, theft of property valued at less than $2,500, and certain types of criminal mischief.

Under Texas law, a person’s punishment range for a state jail felony can be enhanced if they have been previously convicted of a state jail felony or higher-level offense. The enhancement is based on the number and level of the person’s prior convictions.

For example, if a person has two prior conviction for state jail felonies, their punishment range for a subsequent state jail felony would be enhanced to two to 10 years in prison and a fine of up to $10,000. If the person has two or more prior convictions for more serious felonies, their punishment range would be enhanced to two to 20 years in prison and a fine of up to $10,000.

Additionally, In Texas, a felony of the third degree is a type of criminal offense that carries a punishment range of two to 10 years in prison and a fine of up to $10,000. Felonies of the third degree include offenses such as possession of a controlled substance in Penalty Groups 1, 1A, 2, or 3 in an amount between one and four grams, aggravated assault, and certain types of theft.

Under Texas law, a person’s punishment range for a state jail felony can be enhanced if they have been previously convicted of a felony of the third degree or a higher-level offense. The enhancement is based on the number and level of the person’s prior convictions.

For example, if a person has two prior convictions for a felony of the third degree felony or higher, their punishment range for a subsequent state jail felony would be enhanced to two to 20 years in prison and a fine of up to $10,000.

It works the same way for third degree, second, and first degree felony charges. The punishment range is ordinarily two to 10 years in prison, two to 20 years in prison, and five to 99 years in prison (respectively) and a fine of up to $10,000. But if the person has a prior conviction for a third degree felony or higher, the punishment range would be enhanced to the next higher level; Two to 10 becomes two to 20, two to 20 becomes five to 99.

If a person is charged with a first degree felony amount of drugs and has a prior felony of a third degree or higher, the punishment range would be enhanced to 15 to 99 years or life in prison.

And the worst possible enhancement is if the person has two or more prior convictions for felonies of the third degree or higher. In that case, regardless of the quantity of drugs, if the charge is greater than a state jail felony (third degree or higher) their punishment range would be enhanced to 25 years to life in prison and a fine of up to $10,000.

It is important to note that these are general guidelines and the specific enhancement for a state jail felony may vary based on the circumstances of the case and the defendant’s criminal history. And they’re not the only options. A skilled criminal defense attorney may be able to negotiate a dismissal, reduction of charges, probation, or other alternative that includes less jail time or even no jail time at all.

If you have been charged with a drug possession case in Texas and have prior criminal convictions, it is important to consult with a qualified criminal defense lawyer to understand how your prior history may affect your punishment range and to explore any potential defenses that may be available to you.