Texas Drug Possession Attorney
Drug crimes involving controlled substances, prescription drugs, and certain dangerous drugs continue to be a problem in Texas. Over the last several years, prosecutors have enhanced their efforts regarding these crimes.
The days of dismissing a drug crime or reducing the charge to a lesser offense are gone.
Types of Drug Crimes In Texas
A drug crime constitutes any activity involving an illegal controlled substance or dangerous drug.
Our firm has defended hundreds of clients charged with drug crimes, including:
- Possession of Controlled Substance (PCS)
- Possession of Marijuana
- Possession of Dangerous Drug
- Altered or False Prescription
- Possession of Drug Paraphernalia
Controlled Substance Penalty Groups
Controlled substances are classified into certain Penalty Groups, based on their medical use supposed risks of abuse. The Legislature has designated the following groups:
- PG1 – Opiates, Cocaine, Meth, GHB, and Ketamine
- PG1A – LSD
- PG1B – Fentanyl
- PG2 – Hallucinogens, including THC
- PG2-A – Synthetic Marijuana
- PG3 – Stimulants and Depressants (such as Ritalin, Benzos, and Xanax)
- PG4 – Narcotics, including Codeine and Morphine (which have have legal medical use)
Penalties for Texas Drug Crimes
In Texas, the State may pursue your drug charge as a Misdemeanor or Felony, depending on the type of drug, drug amount, and prior drug convictions.
If you are found guilty of a drug crime, the negative impact on your life could be disastrous.
A conviction may result in a suspension of your driver’s license, jail time, and significant fines. Your current employer may fire you, and potential employers may refuse to hire you. Banks may turn you down for loans and other financial aid. Colleges may refuse to accept you – especially for graduate programs. Leasing agents for apartments and homes may also deny your application for a place to live. If you receive a felony conviction, you will lose the right to vote and bear arms and there may be permanent restrictions on your traveling privileges for the rest of your life.
The punishment range for Texas drug crimes varies, depending on the Penalty Group and amount found in your possession. Here is a helpful breakdown:
Penalty Group 1
Controlled substances in Penalty Group 1 are the most serious and heavily regulated in Texas, as they have no medical use. These are typically the most dangerous drugs and subject to rampant abuse and death. The most common drugs under Penalty Group 1 include:
- Cocaine
- Crack
- Heroin
- Methamphetamine
- Ketamine
- Oxycontin (Oxycodone)
- Codeine
- GHB
- Opium
- Methadone
- Hydrocodone (over 300 grams)
Here is the punishment range for these types of drug offenses:
| Possession of Controlled Substance Penalty Group One (PCS PG1) | Offense Level | Punishment Range |
| Less than 1 Gram | State Jail Felony | 180 days to 2 years in State Jail and/or a fine of not more than $10,000 |
| 1 Gram or More, but less than 4 Grams | Third Degree | 2 to 10 years in State Prison and/or a fine of not more than $10,000 |
| 4 Grams or More, but less than 200 Grams | Second Degree | 2 to 20 years in State prison and/or a fine of not more than $10,000 |
| 200 Grams or More, but less than 400 Grams | First Degree | 5 to 99 years in State prison or life, and a fine of not more than $100,000 |
| 400 Grams or More | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
Penalty Group 1-A
LSD (commonly known as “Acid”) is the only controlled substance in penalty group 1-A, as this drug is based on dosage (or “Unit”), as opposed to weight.
| Possession of Controlled Substance Penalty Group 1-A (PCS PG1-A) | Offense Level | Punishment Range |
| Fewer than 20 Units | State Jail Felony | 180 days to 2 years in State jail and/or a fine of not more than $10,000 |
| 20 or More units, But less than 80 Units | Third Degree | 2 to 10 years in State Prison and/or a fine of not more than $10,000 |
| 80 Units or More, but less than 4,000 Units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 Units or More, but less than 8,000 Units | First Degree | 5 to 99 years in State Prison or life, and a fine of not more than $100,000 |
| 8,000 Units or More | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
Penalty Group 1-B
With the increase and popularity of Fentanyl in Texas, the Legislature has carved out Penalty Group 1-B for this offense. The goal is to enhance the penalties for Fentanyl and decrease the dangers and deaths associated with its distribution and possession across Texas.
| Possession of Controlled Substance Penalty Group 1-B (PCS PG1-B) | Offense Level | Punishment Range |
| Under 1 Gram | State Jail Felony | 180 days – 2 years in State Jail and/or a fine of not more than $10,000 |
| 1-4 Grams | Third Degree Felony | 2-10 years in State Prison, and a fine of not more than $10,000 |
| 4-200 Grams | Second Degree | 2-20 years in State Prison and a fine of up to $10,000 |
| 200-400 Grams | First Degree | 5 – 99 years in State Prison or life, and a fine not to exceed $10,000 |
| Over 400 Grams | Enhanced First Degree | 10 – 99 years in State Prison or life, and a fine not to exceed $100,000 |
Penalty Group 2
Although less dangerous, Penalty Group 2 drugs are still heavily prosecuted and penalized in Texas. These controlled substances typically include:
- MDMA, Molly, Ecstasy
- Bath Salts
- Adderall (Dextroamphetamine)
- PCP (Phencyclidine, Angel Dust)
- Mescaline (Peyote)
- Mushrooms (Psilocybin)
- THC (Tetrahydrocannabinol)
- “Analogs” or synthetics of Penalty Group 2 drugs
| Possession of Controlled Substance Penalty Group 2 (PCS PG2) | Offense Level | Punishment Range |
| Less than 1 Gram | State Jail felony | 180 days to 2 years in State jail and/or a fine of not more than $10,000 |
| 1 Gram or more, less than 4 Grams | Third Degree | 2 to 10 years in State prison and/or a fine of not more than $10,000 |
| 4 Grams or more, but less than 400 Grams | Second Degree | 2 to 20 years in State Prison and/or a fine of not more than $10,000 |
| 400 Grams or more | Enhanced first-degree felony | 5 to 99 years in State Prison and/or a fine of not more than $50,000 |
Penalty Group 2-A
In the past several years, synthetic marijuana (such as “Spice” or “K2”) has gained popularity for its availability and potency. If you have been charged with possession under Penalty Group 2-A, you are facing the following penalties:
| Possession of Controlled Substance Penalty Group 2-A (PCS PG 2-A) | Offense Level | Punishment Range |
| Less than 2 Ounces | Class B Misdemeanor | 0-180 days in County Jail and up to $2,000 fine |
| 2 Ounces or More, but less than 4 Ounces | Class A Misdemeanor | 0-1 year in County Jail, and up to $4,000 fine |
| 4 Ounces or More, but less than 5 Pounds | State Jail Felony | 180 days to 2 years in State Jail and/or a fine of not more than $10,000 |
| 5 Pounds or More, but less than 50 Pounds | Third Degree | 2 to 10 years in State prison and/or a fine of not more than $10,000 |
| 50 Pounds or More, but less than 2,000 Pounds | Second Degree | 2 to 20 years in State Prison and/or a fine of not more than $10,000 |
| 2,000 Pounds or More | Enhanced First-Degree Felony | 5 to 99 years in State Prison or life, and a fine not to exceed $50,000 |
Penalty Group 3
Depressants and stimulants make up Penalty Group 3 and include these controlled substances:
- Valium
- Xanax (Alprazolam)
- Clonazepam
- Diazepam
- Hydrocodone (less than 15mg/dose or less than 300 mg)
- Codeine (less than 90mg/dose)
- Lorazepam
- Zolpidem
- Ritalin
- Testosterone
- HGH (Human Growth Hormone)
While Penalty Group 3 drugs have legal medical uses, they are commonly used and abused illegally, leading to serious and life-altering punishments.
| Possession of Controlled Substance Penalty Group 3 (PCS PG-3) | Offense Level | Punishment Range |
| Less than 28 Grams | Class A Misdemeanor | 0-1 year in County Jail, and up to $4,000 fine |
| 28 Grams or more, but less than 200 Grams | Third Degree | 2 to 10 years in State Prison and/or a fine of not more than $10,000 |
| 200 Grams or more, but less than 400 Grams | Second Degree | 2 to 20 years in State Prison and/or a fine of not more than $10,000 |
| 400 Grams or more | Enhanced First-Degree Felony | 5 to 99 years in State Prison or life, and a fine not to exceed $50,000 |
Penalty Group 4
Penalty Group 4 comprises numerous prescription medications, which become illegal when not used for a valid, medical purpose. The most common PG4 drugs include:
- Opium
- Morphine
- Motofen
- Other Dangerous Drugs
| Possession of Controlled Substance Penalty Group 4 (PCS PG4) | Offense Level | Punishment Range |
| Less than 28 Grams | Class B Misdemeanor | 0-180 days in County Jail and up to $2,000 fine |
| 28 Grams or more, but less than 200 Grams | Third Degree | 2 to 10 years in State Prison and/or a fine of not more than $10,000 |
| 200 Grams or more, but less than 400 Grams | Second Degree | 2 to 20 years in State Prison and/or a fine of not more than $10,000 |
| 400 Grams or more | Enhanced First-Degree Felony | 5 to 99 years in State Prison or life, and a fine not to exceed $50,000 |
Protecting Your Texas Driver’s License from Suspension
If you are under 21, a drug crime conviction will result in a one-year license suspension. If you are over 21, a conviction will result in a six-month license suspension. For this reason, you need the best representation possible to fight your criminal charge and avoid a conviction. However, if you are convicted, our firm can help obtain a Restricted or Occupational License to help you drive during the period of suspension. You will also need to complete a Drug Education Course before DPS will reinstate your suspended license.
Mandatory Probation and Pretrial Diversion Programs
If you have been charged with a Texas drug crime, you may qualify for mandatory probation and other programs that may result in a dismissal of all charges. Through a process known as “pre-trial diversion” or “pre-trial intervention”, you can sometimes avoid a conviction after a period of community supervision, completing drug education courses, and other case-specific requirements. We have been very successful at obtaining these amazing results, where the State has focussed on rehabilitation and helping our clients recover and remain sober.
To help avoid jail time and a detrimental conviction, it is critical to hire an experienced Criminal Defense Attorney as soon as possible. The sooner you obtain representation, the sooner you can start defending yourself against these serious criminal charges
Arrested for Possession of Controlled Substance? We Can Help.
The Westbrook Law Firm aggressively defends all types of Texas drug crimes. Through complete and exhaustive investigations, we determine if the police acted properly in seizing the alleged substance. We also demand drug testing of the substance and look for any issues with the testing, results, and chain of custody.
To fully understand your drug charge and the possible penalties and punishments you are facing, please contact the Westbrook Law Firm, PLLC today at 281-888-5581.
