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Texas Drug Possession Laws: What Counts as a Felony?
John D.
If you get caught with drugs in Texas, you can face very serious charges and, in some scenarios, felony charges. Whether you are holding marijuana, cocaine, or meth, the law is easy to understand. In most situations, the quantity and type of drug you possess would elevate a basic charge to a felony. That means penitentiary time, heavy fines, and a criminal record for life.
Here’s a closer look at how Texas defines felony possession of drugs. Moreover, under what circumstances could you face charges that are more serious than a simple misdemeanor.
Texas Drug Laws: The Basics
Texas categorizes controlled substances into groups called Penalty Groups. These groups include certain drugs that fall under each category, and the punishment will depend on the specific category of the drug.
Here’s a quick overview:
Penalty Group 1: Cocaine, heroin, meth, fentanyl, and others. These drugs carry the harshest penalties.
Penalty Group 1-A: LSD and similar hallucinogens.
Penalty Group 2: MDMA/Ecstasy, PCP, and synthetic THC.
Penalty Group 2-A: Synthetic cannabinoids, K2, or Spice.
Penalty Group 3: Prescription drugs (Xanax, Valium, etc.) with no prescription.
Penalty Group 4: Low-dose narcotics combined with non-narcotic ingredients.
Marijuana is handled separately. It’s not in a penalty group, but the legal risks are serious.
What Makes Drug Possession a Felony in Texas?
Drug possession charges are not always felonies.A few things, however, can very quickly turn a charge into a felony.
When possession becomes a felony, the following occurs:
- Even if it’s for personal use, you have a lot of the drug.
- You have a hard substance, such as meth or heroin.
- You are near a drug-free zone, school, or daycare.
- You have preconceived notions.
- Baggies, scales, or significant sums of cash are among the goods that police locate that indicate intent to sell.
Certain drugs may qualify as felonies even in small dosages. For instance, there may still be jail time for fewer than one gram of cocaine.
Breakdown by Penalty Group: Felony Thresholds
Different rules apply to each penalty group.The criminal charges and restrictions on drug type and quantity are listed below.
Group 1 Penalty (Cocaine, Heroin, Meth):
- State Jail Felony = less than 1 gram
- Third-Degree Felony = 1– 4 grams
- A second-degree felony = 4–200 grams
- First degree felony = 200 to 400 grams
- 400 grams = life or 10–99 years.
Group 2 Penalty (PCP, Ecstasy)
- Felony in State Jail = less than 1 gram
- Third-Degree Felony = 1–4 grams
- A second-degree felony = 4–400 grams.
- First-degree felony = 400 grams or more.
Groups 3 and 4 Penalties (Prescription Meds W/O RX)
- Less than 28 grams = misdemeanor.
- A third-degree felony = 28–200 grams.
- Second-degree felony = 2 to 400 grams.
- First-degree felony = 400 grams or more.
Marijuana
- Class B Misdemeanor = 2 ounces
- Class A Misdemeanor = 2–4 ounces
- State jail felony = 4 oz to 5Ibs
- Third-Degree Felony = 5–50 Ibs
- A second-degree felony = 50–2,000 Ibs.
- 2,000 pounds or more is a first-degree felony.
Additionally, marijuana concentrates, such as wax or oil, are subject to harsher laws and, even in small quantities, can result in felonies.
Types of Felony Charges for Possession
There are four primary felony levels for drug possession under Texas law. Each level has its own fine and punishment ranges.
State Jail Felony
- In a state prison, 180 days to 2 years
- $10,000 in fines
- Common charges for having less than one gram of a dangerous drug.
Third-Degree Felony
- 2 to 10 years in prison
- $10,000 in fines
- Applies to moderate amounts or repeat offenders
Second Degree Felony
- 2–20 years in jail
- $10,000 in fines
- Includes higher drug dosages or usage in specific areas.
First-Degree Felony
- Life in jail or 5 to 99 years
- $10,000 in fines
- Reserved for severe situations or large amounts
When Charges Get Even Worse: Enhancements
Sometimes, your charge can be aggravated by additional factors. These aggravating factors are referred to as enhancements, and they substantially increase the stakes.
Common Enhancements include:
- Arrested in a drug-free zone such as school, youth center, or park
- Having weapons on you at the time of arrest.
- Prior felony convictions
- Involvement of minors
- Possession with intent to distribute, even if not selling
The police may charge you with “intent to deliver” just because you had baggies, a digital scale, or large amounts of cash on you.
Consequences Beyond Jail
A felony drug conviction can affect you long after you’ve completed your sentence.
Here are just some of the long-term consequences:
- A permanent criminal record
- Loss of voting rights and gun rights
- Difficulty finding housing or employment
- Loss of professional qualifications
- Suspension of your driver’s license
- Deportation if you are not a citizen
Even if you are not imprisoned, a mark on your record can affect almost all components of your life.
What to Do If You’re Charged With Felony Drug Possession?
If you are charged with felony drug possession, the most important step is to hire a qualified Texas defense attorney. Don’t attempt to handle this by yourself.
A lawyer Can Assist You With:
- Scrutinizing the arrest for illegal searches and/or police error
- Questioning lab results or chain of-custody
- Challenging the suppression of illegally obtained evidence
- Negotiating for lower charges
- Searching for diversion programs or treatment options
You may have options like:
- Pretrial diversion for first offenders
- Drug court programs
- Deferred adjudication, which could prevent a conviction
An experienced attorney would know what would work best depending on the particulars of your case, your record, and your arrest details.
Conclusion
Drug possession laws in Texas carry very heavy penalties, and felony charges can come quickly. Just one accidental misstep can carry years of consequences. If you unknowingly have a serious drug in your pocket, or you just happen to get unlucky, you could be facing felony time.
Your best option now is to be educated, know your rights, and talk with a lawyer right away. Not only the amount of drugs, but also the charges can affect your future. With the correct assistance, you might be able to lessen the harm or possibly avoid a felony conviction entirely.
Are you facing a drug felony charge? L&L Law Group can assist you. Our skilled criminal defense lawyers in Texas will defend your rights and strive to safeguard your future. Get the legal advice you require before it’s too late by contacting us today for a private consultation.