Many good people across Texas are deeply impacted by drug addiction. Where there is an obstacle to overcome, there is also hope for the future. If you’ve been charged with drug possession in Texas, you are certainly not alone. Thousands of new drug charges flood the government bureaucracy across East Texas every single day. It is important to enlist the help of a non-judgmental and compassionate defense attorney who will not merely rush you to the judge’s bench for the first available plea bargain. A thorough defense means analyzing every facet of police conduct, possession facts, and your goals for treatment and rehabilitation.
For some, a brush with the criminal justice system is the motivation needed to break free of the addiction. For others, their primary interest is minimizing the criminal consequences of their arrest. There are also innocent people arrested under suspicion of drug possession. The commonly held stereotype about drug cases in the criminal justice system is that they are relatively simple and straightforward. This is true in certain contexts, but not in every case. The government must prove your possession of the controlled substance beyond all reasonable doubt. There are countless scenarios that unfold in the real world, where a citizen finds himself or herself in a car or house, but they are not necessarily responsible for everything that is inside that car or house.
Possession of Methamphetamine, Cocaine, Heroin, Oxycodone, or Another Penalty Group 1 Controlled Substance:
Penalty Group 1 controlled substances are the most severely classified under Texas law. These substances are the most dangerous, and the most addictive. Penalty Group 1 includes Methamphetamine, Cocaine, Heroin, and Oxycodone, among other drugs. The punishment range in Texas for drug possession in Penalty Group 1 will depend upon the weight of the narcotics at issue. Punishments for Penalty Group 1 substances are found in §481.115 of the Texas Health and Safety Code.
Penalty Group 1 Punishment Ranges in Texas:
| Weight: | Classification: | Punishment Range: |
| Less than 1 gram | State Jail Felony | 6 months to 2 years in state jail prison, and a fine not to exceed $10,000 |
| 1 gram or more but less than 4 grams | Third Degree Felony | 2-10 years in prison, and a fine not to exceed $10,000 |
| 4 grams or more but less than 200 grams | Second Degree Felony | 2-20 years in prison, and a fine not to exceed $10,000 |
| 200 grams or more but less than 400 grams | First Degree Felony | 5-99 years, or life in prison, and a fine not to exceed $10,000 |
| 400 grams or more | Aggravated First Degree Felony | 10-99 years, or life in prison, and a fine not to exceed $100,000 |
It is important to note that while the above punishment ranges apply in most cases, they do not apply in every case. If a person has been previously sentenced to prison for a felony offense in Texas, they may face a greater punishment range than reflected in the table above.
Enhanced Penalties for Alleged Drug Dealers under Texas Law – Another aggravating factor under Texas law is the charge that you possessed drugs in the course of being a drug dealer. These “dealer charges” for Penalty Group 1 controlled substances are addressed under §481.112 of the Texas Health and Safety Code They carry enhanced punishments compared to basic possession, as the law seeks to differentiate between those suffering from addiction, and those transacting in the drug trade for economic benefit. A person commits an offense under §481.112 if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.
Possible Reduction of Charges – Many drug possession cases in Texas are reduced, or resolved via probation or deferred adjudication. State jail felony cases may, in certain circumstances, require a mandatory offer of deferred adjudication from the government. These state jail felony offenses may also be resolved via 12.44(a) and 12.44(b) of the Texas Penal Code. Under 12.44(a), a citizen receives a final felony conviction, but the punishment range remains that of a Class “A” misdemeanor. Under 12.44(b), the charge is reduced to a Class “A” misdemeanor, meaning the citizen receives only a misdemeanor conviction, and the punishment range is also that of a Class “A” misdemeanor.
The Common Mistake of Government Overcharging – One of the common missteps from the government associated with these possession cases is overcharging. Overcharging commonly occurs when the police accuse a citizen of possessing more of the substance than they actually possess, thus charging the citizen with a higher degree of offense. This occurs because police weighing is not nearly as precise as that of a laboratory. Police often use inferior equipment, or they weigh a substance inside a container or bag, increasing the weight into the next punishment category. This most frequently occurs at the dividing line between a state jail felony and a felony of the third degree. This is a significant difference, as the punishment range of a third-degree felony is significantly higher than that of a state jail felony.
Codeine, Hydrocodone, and Other Hybrid-Group Controlled Substances
Another misstep from the government comes when they erroneously charge Penalty Group 1 offenses when the correct charge falls under Penalty Group 3. Penalty Group 3 possession charges are discussed in greater detail below. They carry a significantly lower punishment range than their Penalty Group 1 counterparts, thus it is very important to review the legitimacy of a possession charge to ensure the government has filed charges according to the law. Codeine is perhaps the prime example of a substance that appears in both Penalty Group 1 and Penalty Group 3. The difference between the two penalty groups depends upon the concentration of the drug. In truth, most any hybrid substance should always be charged under Penalty Group 3, unless the government has a laboratory report specifically stating that the concentration meets the Penalty Group 1 threshold. This is because almost all Penalty Group 1 variants of these hybrid substances are relegated to laboratories and pharmacies. You just don’t see Penalty Group 1 variants of hybrid substances out on the street.
MDMA / Ecstasy Charged Under Penalty Group 1
Methylenedioxymethamphetamine, also known as “MDMA” or “Ecstasy” is a controlled substance that appears under Penalty Group 2, §481.116, of the Texas Health and Safety Code. Yet, the government frequently charges possession of Ecstasy under Penalty Group 1. Moreover, they allege that the possessor of Ecstasy actually possessed methamphetamine. This is because true ecstasy is increasingly rare in the real world. The cartels make an enormous profit from masquerading methamphetamine tablets as ecstasy. The methamphetamine tablets are cheaper for the cartels to make, and the buyer market is easily fooled in the United States. Almost every single suspected ecstasy tablet sent to the laboratory will come back with methamphetamine as the primary controlled substance within. State prosecutors have realized this, and thus they will almost always preemptively charge MDMA possession as a methamphetamine offense.
Possession of Amphetamines, Adderall, Ecstasy, PCP, Quaaludes, or Another Penalty Group 2 Controlled Substance
Penalty Group 2 controlled substances are primarily hallucinogenic in nature but not always. Penalty Group 2 includes Tetrahydrocannabinol other than marijuana, Amphetamines, Adderall, Ecstasy, PCP, Quaaludes, and other controlled substances. The punishment range in Texas for drug possession in Penalty Group 2 will depend upon the weight of the narcotics at issue. Punishments for Penalty Group 1 substances are found in §481.116 of the Texas Health and Safety Code.
Penalty Group 2 Punishment Ranges in Texas:
| Weight: | Classification: | Punishment Range: |
| Less than 1 gram | State Jail Felony | 6 months to 2 years in state jail prison, and a fine not to exceed $10,000 |
| 1 gram or more but less than 4 grams | Third Degree Felony | 2-10 years in prison, and a fine not to exceed $10,000 |
| 4 grams or more but less than 400 grams | Second Degree Felony | 2-20 years in prison, and a fine not to exceed $10,000 |
| 400 grams or more | First Degree Felony | 5-99 years, or life in prison, and a fine not to exceed $10,000 |
Possession of Codeine, Hydrocodone, Morphine, Alprazolam (Xanax), Carisoprodol (Soma), Clonazepam (Klonopin), Diazepam (Valium), Lorazepam (Ativan), or Another Penalty Group 3 Controlled Substance
Penalty Group 3 controlled substances are primarily prescription-oriented controlled substances that are commonly provided by doctors. However, these substances are also prone to abuse. They include Codeine, Hydrocodone, Morphine, Alprazolam (Xanax), Carisoprodol (Soma), Clonazepam (Klonopin), Diazepam (Valium), Lorazepam (Ativan), and other substances.
Penalty Group 3 Punishment Ranges in Texas:
The punishment range in Texas for drug possession in Penalty Group 3 will depend upon the weight of the narcotics at issue. Punishments for Penalty Group 3 substances are found in §481.117 of the Texas Health and Safety Code.
| Weight: | Classification: | Punishment Range: |
| Less than 28 grams | Class “A” misdemeanor | Up to 1 year in jail and a fine not to exceed $4,000. |
| 28 grams or more but less than 200 grams | Third Degree Felony | 2-10 years in prison, and a fine not to exceed $10,000 |
| 200 grams or more but less than 400 grams | Second Degree Felony | 2-20 years in prison, and a fine not to exceed $10,000 |
| 400 grams or more | First Degree Felony | 5-99 years, or life in prison, and a fine not to exceed $10,000 |
It is important to note that even if you possess less than 28 grams of a Penalty Group 3 controlled substance, you may still be charged with a state jail felony offense if you possess the substance within a drug free zone. Drug free zones. Drug-free zones include, but are not limited to, most public or private schools, daycare centers, private and public youth facilities, playgrounds, colleges, and universities.