Drug Possession



The State of Texas has categorized drugs into 5 penalty groups that carry a wide range of penalties. Possession of marijuana has its own category with penalties. No matter what drug charge you're dealing with, a conviction can have severe consequences including suspension of your driver's license, probation, jail time, fines, and court costs.

Controlled Substance Law

A person commits an offense of possession of a controlled substance if the person knowingly or intentionally possesses a controlled substance listed in one of the 5 penalty groups, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

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Penalty Group 1

  • Cocaine
  • Heroin
  • Methamphetamine
  • Ketamine
  • Oxycodone
  • Hydrocodone
  • GHB

Penalty Group 1A

  • LSD

Penalty Group 2

  • Ecstasy
  • Mescaline
  • PCP
  • Cannabis NOT considered marijuana (e.g. hashish and concentrated marijuana oil)

Penalty Group 3

  • Valium
  • Xanax
  • Ritalin

Penalty Group 4

  • Buprenorphine
  • Pyrovalerone
  • Motofen
  • Dionine


Penalties For The 5 Penalty Groups

Penalty group 1 and 1A start at the state jail felony level and can go all the way up to a 1st degree felony. Penalty group 3 and 4 start at a Class A misdemeanor and can go all the way up to a 1st degree felony. The range of punishment and fines vary depending on what degree or class of the charge.

The full controlled substance law with penalty groups and range of punishments can be found in the Texas Health & Safety Code here.

Possession Of Marijuana

A person commits an offense of possession of marijuana if a person knowingly or intentionally possesses a usable quantity of marijuana.

Depending on the amount of marijuana in possession, a criminal charge for marijuana can be a class B misdemeanor all the way up to a 1st degree felony. Most people who are charged with this drug offense will have a Class B misdemeanor possession of marijuana less than 2 ounces, which has a punishment range of up to 180 days in jail and/or a fine not to exceed $2,000.

A conviction for possession of marijuana can seem like it's not a big deal, but it has its own set of consequences which includes suspension of your driver's license and ineligibility for federal funding for college.

If you have been charged with a drug possession offense, contact our office so we can help you determine how to handle your case.

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