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Defending Against Drug Possession Charges

 Posted on January 30, 2024 in Drug Charges

TX defense lawyerIn Texas, it is a crime to possess, distribute, or manufacture controlled substances. If you are facing charges of drug possession in Texas, you may be tried for either a felony or misdemeanor.

Potential punishments will depend on the severity of the drug and the amount in your possession. If you are in the midst of defending drug possession charges, you need the counsel of a Frisco drug possession attorney.

Drug Classifications in Texas

The Lone Star state classifies drugs according to their potential for abuse and if the substance serves a medical purpose.

A controlled substance is any government-regulated drug, substance, or chemical. The Texas Controlled Substances Act categorizes controlled substances as belonging to either Schedule I, II, III, IV, or V.

Schedule I has the highest potential for abuse and lacks safety standards for medical use, while drugs in Schedule V have the lowest rate of abuse and have a clear purpose in medical treatment. Drugs are also classified based on a patient’s risk of becoming dependent.

Penalties for Drug Possession

Drugs are assigned to penalty groups from each schedule. The penalty for drug possession will depend on the type of drug and the amount in your possession:

Penalty Group 1 (Cocaine, heroin, methamphetamine)

Possessing any amount of the drugs in this category is considered a felony. Even possessing less than one gram of a drug is considered a state jail felony, with potential incarceration anywhere from six months to two years in jail, with a potential fine of $10,000. 

Possessing one to four grams is a third-degree felony, with potential incarceration for ten years and a potential fine of $10,000. Over 400 grams is a first-degree felony, with a prison sentence between five to 99 years.

Penalty Group 1-A (LSD, and any of its salts, isomers, and salts of isomers)

Possessing LSD is a felony. Penalties range based on the number of units in your possession, with less than 20 units being a state jail felony and 4,000-8,000 units being considered a first-degree felony.

Penalty Group 2 (Ecstasy, PCP, and mescaline)

Penalties for possession of drugs in this category are also charged as a felony. Even if you have less than one gram in your possession, you will still be charged with a state jail felony. 

If you have more than 400 grams, you may be convicted of a first-degree felony.

Penalty Group 2-A (Cyclohexylphenol, Cannabinol Derivatives, and Naphthoylindoles)

Possession of these drugs can range from a Class B misdemeanor to a first-degree felony. If you have less than four ounces of any of the penalty group 2-A illicit drugs, you will be charged with a misdemeanor. However, over 2,000 pounds will be charged as a first-degree felony. 

Penalty Group 3 (Valium, Anabolic steroids, and Ritalin)

Possession of less than 28 grams of drugs in this category is a Class A misdemeanor. You may be facing up to one year in county jail, with a maximum fine of $4,000. 

Any amount between 28-200 grams is a third-degree felony. You could potentially be incarcerated for ten years and have to pay a fine of $10,000. Quantities over 400 grams are a first-degree felony.

Penalty Group 4 (Morphine, Opium, Opiates Not Listed in Group 1)

Similar penalties apply to the Group 3 category.


Even though marijuana has become legalized in some states, it is still illegal in Texas. Marijuana possession of less than two ounces in Texas is a Class B misdemeanor, with a potential sentence of six months in county jail and a maximum fine of $2,000.

If you have 2,000 or more pounds in your possession, you may be sentenced to up to 99 years in jail, with a maximum fine of $50,000.

Having the right representation in your corner is key to a successful outcome. Our Collin County drug possession attorneys have a proven track record.

Charged with Drug Possession? Contact our Frisco, TX, Drug Possession Attorneys

Being charged with drug possession can lead to incarceration, fines, and a criminal record. Contrary to popular belief, it is not easy to get an arrest or conviction expunged. If you are facing allegations of drug possession, our Collin County, TX, drug possession attorneys are here to assist you. Contact Law Offices of Biederman & Burleson P.L.L.C. online or by calling 469-333-3333 to schedule your free consultation.

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