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Drug Possession

Drug Possession in Texas

Contact Our Plano Drug Lawyer for Your Free Consultation

Texas is known to have some of the most severe penalties for drug possession in the United States. Even if you were discovered to have a small amount of an illegal drug or controlled dangerous substance, you may be facing extensive jail or prison sentences, costly fines, and irreparable damage to your reputation.

If you have been arrested for drug possession, our Plano drug lawyer can provide you with the relentless and dedicated representation necessary to either get the charges reduced or your case entirely dismissed. With over a decade of legal experience, we possess an in-depth understanding of the state laws and court processes.

Drug Possession Penalties

Penalties for drug possession in Texas depend on the type of drug, the amount in possession, how the drug was concealed or stored, possession of any type of drug paraphernalia and any previous convictions. The state categorizes controlled dangerous substances in penalty groups. Penalty Group 1 consists of the most dangerous due to the high potential for addiction and abuse. Groups 1-A, 2, 3, and 4 decrease in those factors.

The penalties for possession based on the type of drug and quantity are the following:

  • Penalty Group 1 (Heroin, Cocaine, Morphine, Oxycodone, Opium, etc.)
    • Less than one gram – state jail felony
      • 180 days to two years in jail
      • Fine up to $10,000
    • More than one gram, but less than four grams – third degree felony
      • Two to ten years in prison
      • Fine up to $10,000
    • More than four grams, but less than 200 grams – second degree felony
      • Two to 20 years in prison
      • Fine up to $10,000
    • More than 200 grams, but less than 400 grams – first degree felony
      • Five to 99 years in prison
      • Fine up to $10,000
    • More than 400 grams – possible life sentence
      • 10 to 99 years in prison
      • Fine up to $100,000
  • Penalty Group 1-A (LSD and its chemical components)
    • Less than 20 abuse units – state jail felony
    • More than 20, but less than 80 units – third degree felony
    • More than 80, but less than 4000 units – second degree felony
    • More than 4000, but less than 8000 units – first degree felony
    • More than 8000 units – possible life sentence and a $250,000 fine
  • Penalty Group 2 (MDMA, Mushrooms, etc.)
    • Less than one gram – state jail felony
    • More than one gram, but less than four grams – third degree felony
    • More than four grams, but less than 400 grams – second degree felony
    • More than 400 grams – possible life sentence and a $50,000 fine
  • Penalty Group 3 (Xanax, valium, Ritalin, hydrocodone, etc.)
    • Less than 28 grams – Class A misdemeanor
      • One year jail sentence
      • Fine of up to $4,000
    • More than 28 grams, but less than 200 grams – third degree felony
    • More than 200 grams, but less than 400 grams – second degree felony
    • More than 400 – possible life prison sentence and a $50,000 fine
  • Penalty Group 4 (Compounds and mixtures with small amounts of codeine or opium)
    • Less than 28 grams – Class B misdemeanor
      • 180-day jail sentence
      • Fine of up to $2,000
    • More than 28 grams, but less than 200 grams – third degree felony
    • More than 200 grams, but less than 400 grams – second degree felony
    • More than 400 grams – possible life prison sentence and a $50,000 fine

How We Can Help

Sometimes, we all make mistakes or have been a victim of being in the wrong place at the wrong time. At the Law Offices of Scott Edgett, we can conduct our own investigation and evaluate police evidence to help you build a solid defense. Let us protect your rights and your future.

Contact our Plano drug lawyer to schedule your complimentary consultation today.

Contact The Offices of Scott Edgett Today

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