stock photo of drugs in pill form

Drug Possession

In the State of Texas, the unlawful possession of a dangerous drug or a controlled substance is a serious offense that can have life-altering consequences. Whether you’ve been charged with this offense or are seeking to understand the legal landscape, it’s crucial to be aware of the potential penalties and the importance of hiring an experienced criminal law attorney.

Possession of a Controlled Substance: What Does It Mean?

Possession of a controlled substance refers to the act of having certain drugs or substances in your possession without a valid prescription. Some of these drugs or controlled substances are not available legally and cannot be obtained by a prescription,  such as cocaine, heroin, and methamphetamine.  Texas classifies various drugs and controlled substances into penalty groups, with the severity of the offense and the associated penalties depending on the type, the amount of the controlled substance, and whether you are manufacturing or delivering the controlled substance.

Penalties for Possession of a Controlled Substance in Texas

The penalties for possession of a controlled substance in Texas are severe and can vary based on several factors, including the type of substance, the amount in possession, and any prior criminal history. It’s essential to understand the potential consequences:

Classification: Controlled substance offenses are categorized into penalty groups, with Group 1 substances carrying the harshest penalties.  Generally, the punishment range is as follows for Possesion of a Controlled Substance in Penalty Group 1:

  1. State Jail Felony: Possession of less than one gram of a Group 1 substance is classified as a state jail felony, punishable by 180 days to 2 years in state jail and fines of up to $10,000.
  2. Third-Degree Felony: Possession of 1 to 4 grams of a Group 1 substance is a third-degree felony, carrying penalties of 2 to 10 years in prison and fines of up to $10,000.
  3. Second-Degree Felony: Possession of 4 to 200 grams of a Group 1 substance is a second-degree felony, with penalties ranging from 2 to 20 years in prison and fines of up to $10,000.
  4. First-Degree Felony: Possession of 200 or more grams of a Group 1 substance can result in a first-degree felony charge, carrying a prison sentence of 5 to 99 years or life and fines of up to $10,000.
  5. Misdemeanor Offenses: Possession of smaller quantities of controlled substances can result in misdemeanor charges, which may still lead to imprisonment in county jail and fines.A conviction of a drug offense carries a mandatory license suspension of at least 180 days.


Possession of a controlled substance in Texas carries severe penalties that can have long-lasting consequences on your life. To protect your rights, it is essential to hire an experienced criminal lawyer.  With the expertise of the right lawyer, you can navigate the legal complexities and work toward the best possible resolution for your case, ensuring your rights are upheld throughout the legal process. For a free consultation, contact David Smith who is Board Certified in criminal law by the Texas Board of Legal Specialization, if you are faced with a drug possession charge.