Texas has the reputation of having some of the strictest drug possession charges in the nation. Depending on the illicit drug you’re charged with possessing, even first-time drug possession charges in Texas can result in a very heavy fine and serious prison time.
In addition, having a prison record can have lifelong consequences, making it difficult for you to gain meaningful employment even though you’ve paid your debt to society. Before you’re charged, you need to enlist the help of a drug defense possession attorney near San Antonio, TX as soon as possible.
A Summation of Drug Possession Charges in Texas
The laws governing possession of illegal drugs in Texas are complex, and the potential penalties you’ll be facing are based on the type of drug you’re accused of possessing and the amount you allegedly had in your possession. In other words, type and quantity are the crucial factors.
Under Texas law, there are four penalty groups for drug crimes, 1 through 4. The most dangerous and severe drugs fall into Group 1, while Groups 2, 3, and 4 cover drugs considered less addictive and dangerous.
Penalty Group 1
The drugs in this group are considered the most addictive and dangerous and include:
- Opioids that include painkillers like hydrocodone, codeine, and oxycodone
- Fentanyl, considered 80 to 100 times stronger than morphine
Depending on the amount a defendant is caught with the penalties for possession of Group 1 drugs can vary from six months to two years in prison and a fine of up to $10,000, while possessing 200-400 grams is a first-degree felony carrying a penalty of 5 to 99 years in prison and a fine of up to $10,000.
Penalty Group 2
These drugs are considered less dangerous but still highly addictive and include:
- Psychedelic mushrooms
Depending on quantity, penalties can vary from 2 to 10 years in prison and a fine up to $10,000 up to 5 to 99 years in prison and a fine up to $50,000.
Penalty Group 3
Drugs in this group have a stimulant or depressant effect and include:
- Anabolic steroids
- Methylphenidate (aka Ritalin)
Penalty Group 4
A wide range of prescription drugs having the potential to be abused fall into this category. Penalties for possession range from up to six months in prison up to a life sentence for possession of more than 400 grams.
Marijuana – A Special Class
A number of states have legalized the recreational possession of marijuana, but Texas is not one of them and conviction of marijuana possession can come with very serious penalties in the state.
Marijuana possession is considered apart from the other four groups, but conviction for possession can still come with severe penalties. These can vary from as little as 180 days in jail and a fine of $2,000 for possession of two ounces or less, while traffickers caught with 50 pounds or more can be sentenced to a maximum of 20 years in prison and a $10,000 fine.
If you’ve been accused of marijuana possession then you need to hire a tough drug defense possession attorney in San Antonio, TX now.