Texas has some of the strictest drug possession laws in the United States. Whether you’re caught with a small amount for personal use or face allegations of intent to distribute, the consequences can be severe. Understanding these laws is essential for anyone living in Texas, especially if you or a loved one has been charged with drug possession.
Controlled Substance Penalty Groups
Texas organizes drugs into classifications known as "penalty groups," which determine the severity of a drug charge. These groups include:
- Penalty Group 1: Cocaine, methamphetamine, heroin, and other highly dangerous drugs. These carry the harshest penalties.
- Penalty Group 2: MDMA (Ecstasy), PCP, and certain hallucinogens.
- Penalty Group 3: Prescription medications containing amphetamines, anabolic steroids, and similar drugs.
- Penalty Group 4: Compounds with controlled substance traces, typically combined with other active ingredients (e.g., cough syrups with codeine).
Penalties increase depending on the penalty group, the amount of the substance in question, and whether aggravating factors, such as distribution or intent to sell, are present.
Penalties for Drug Possession in Texas
The severity of a drug possession charge in Texas depends on multiple factors, including the type and quantity of the substance. Below is a general breakdown:
Possession of Marijuana
- Less than 2 ounces: Class B misdemeanor (up to 180 days in jail and a fine of up to $2,000).
- 2–4 ounces: Class A misdemeanor (up to 1 year in jail and a fine of up to $4,000).
- Over 4 ounces or evidence of intent to distribute may result in felony charges.
Possession of a Controlled Substance
- Penalty Group 1 (e.g., cocaine, methamphetamine): Possession under one gram can result in state jail felony charges, which carry 6 months to 2 years in a state jail facility.
- Penalty Group 2 (e.g., MDMA): Possession of less than one gram is also a state jail felony.
- Higher quantities lead to stricter penalties, including decades in prison and fines up to $100,000 or more.
Drug-Free Zones
Texas has enhanced penalties for possession in "drug-free zones," such as schools, daycare centers, or playgrounds. This can drastically increase the severity of your charges.
Legal Defenses Against Drug Possession Charges
If you’ve been charged with drug possession, it’s important to remember that you have legal rights, and there are potential defenses that can protect your future. A qualified criminal defense attorney can evaluate the specifics of your case and determine the best course of action. Common defenses include:
- Challenging the Legality of the Search and Seizure:
Did law enforcement follow proper protocols when searching your property? If your Fourth Amendment rights were violated, evidence obtained unlawfully may be inadmissible in court.
- Proving Lack of Possession:
The prosecution must prove that you had "knowingly" possessed the drugs. If you were unaware of the substance in your vicinity (e.g., drugs placed in your car by someone else), your attorney may use this as part of your defense.
- Testing the Substance’s Validity:
Lab tests must confirm that the seized substance is illegal. Mistakes during testing or improper handling could invalidate claims by the prosecution.
At the Law Office of Steve O. Gonzalez, we focus in building tailored defenses for each client. Our goal is to fight for your freedom, challenge unjust charges, and minimize the impact on your record and life.
Take Action with a Brazoria County Drug Crimes Lawyer
If you’ve been charged with drug possession in Texas, don’t wait to get the help you need. The sooner you consult a trusted criminal defense attorney, the stronger your case will be. At the Law Office of Steve O. Gonzalez, we pride ourselves on providing aggressive, results-driven defense to those facing drug possession charges in Texas. With our knowledge of local laws and proven track record, we can help you fight back, challenge evidence, negotiate plea deals, and secure favorable outcomes for our clients.
Call us today at (832) 900-9867 to schedule a consultation. We’re here to fight for you, protect your rights, and help you regain control of your future.