What is the difference between drug possession and drug distribution in Texas?

Drug possession in Texas usually involves having a controlled substance for personal use, while drug distribution involves delivering or intending to deliver drugs to someone else. Distribution cases often involve larger quantities, packaging materials, money, or other evidence of sales and can lead to harsher state or federal charges.

What are the penalties for drug possession charges in Texas?

Penalties for drug possession in Texas depend on the type of substance, its penalty group, and the amount seized. Consequences range from Class B or Class A misdemeanors to first-degree felonies and can include jail or prison time, fines, and a permanent criminal record.

What is Penalty Group 1 or 1-B drug possession in Texas?

Penalty Group 1 and 1-B include dangerous and highly addictive drugs such as cocaine, heroin, methamphetamine, and fentanyl. Possession penalties range from a state jail felony for less than 1 gram to an enhanced first-degree felony for 400 grams or more, with possible sentences from 180 days in state jail to 99 years or life in prison and fines up to $100,000.

What is Penalty Group 1-A drug possession in Texas?

Penalty Group 1-A includes LSD and certain related chemical compounds. Texas bases penalties on abuse units rather than weight. Possession can range from a state jail felony for fewer than 20 units to an enhanced first-degree felony for 8,000 units or more, with possible prison sentences from 180 days to 99 years or life and fines up to $250,000.

What is Penalty Group 2 drug possession in Texas?

Penalty Group 2 includes drugs such as MDMA, Ecstasy, psilocybin mushrooms, and certain synthetic hallucinogens. Penalties range from a state jail felony for less than 1 gram to a first-degree felony for 400 grams or more, with possible sentences from 180 days in state jail to 99 years or life in prison and fines up to $50,000.

What is Penalty Group 2-A drug possession in Texas?

Penalty Group 2-A covers synthetic cannabinoids such as K2 and Spice. Possession penalties range from a Class B misdemeanor for 2 ounces or less to a first-degree felony for more than 2,000 pounds. Sentences can range from up to 180 days in jail to 99 years or life in prison and fines up to $50,000.

What is Penalty Group 3 drug possession in Texas?

Penalty Group 3 includes certain prescription medications such as Xanax, Valium, Ritalin, and some hydrocodone combinations. Less than 28 grams is a Class A misdemeanor. Larger amounts can lead to third-degree, second-degree, or first-degree felony charges, with potential prison sentences from 2 to 99 years and fines up to $50,000.

What is Penalty Group 4 drug possession in Texas?

Penalty Group 4 includes prescription compounds that contain small amounts of narcotics mixed with non-narcotic ingredients, such as some codeine cough syrups. Less than 28 grams is a Class B misdemeanor, while higher weights can lead to third-degree, second-degree, or first-degree felony charges and sentences up to 99 years in prison and fines up to $50,000.

What are the penalties for marijuana possession in Texas?

In Texas, it is illegal to possess usable marijuana containing more than 0.3% THC. Penalties range from a Class B misdemeanor for 2 ounces or less to a first-degree felony for more than 2,000 pounds. Sentences can include jail or prison time from 180 days to 99 years or life and fines up to $50,000.

What is dangerous drug possession in Texas?

Dangerous drug possession involves medications not listed in a penalty group but that require a prescription under Texas law, such as certain antibiotics, muscle relaxers, or sedatives. Possession without a valid prescription is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $4,000.

How can a Houston drug lawyer help with drug possession charges?

A Houston drug lawyer explains your rights, evaluates the evidence, looks for problems with the stop, search, or arrest, and challenges weaknesses in the prosecution’s case. Your attorney may negotiate for reduced charges, diversion, or alternative sentencing, or take the case to trial when necessary to pursue a better outcome.

What are potential defenses to drug possession in Texas?

Defenses to drug possession can include unlawful search and seizure, lack of knowledge or control over the substance, lack of proof that the drugs belonged to the accused, problems with how evidence was handled, and inconsistent or unreliable witness statements. A defense lawyer will review the facts and select the strategy that best fits your case.

Houston Drug Possession Attorney

Q: What is drug possession in Texas?

In Texas, drug possession means having actual care, custody, control, or management of a controlled substance, marijuana, or certain dangerous drugs. The Texas Controlled Substances Act makes it a crime to knowingly or intentionally possess these substances without a valid prescription from a licensed practitioner.

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Houston Criminal Defense Lawyer for Possession of a Controlled Substance or Dangerous Drug

If you’ve been arrested for possession of a controlled or illegal substance in Texas, you should seek legal representation as soon as possible. A Houston drug possession attorney can provide the support you need to defend yourself against criminal charges. Contact B. Keith Jackson, Attorney and Counselor at Law PLLC, for experienced criminal defense services.

Texas drug laws are strict, and a conviction can result in jail time, steep fines, and a permanent criminal record. Houston drug crime attorney Jackson works diligently to help his clients avoid criminal conviction. Backed by years of legal experience, he provides straightforward legal guidance. In court, he uses aggressive defense strategies designed to protect your rights.

Call (281) 545-5020 or contact us online today to schedule a consultation with a Houston drug charges lawyer who will take your case seriously.

What is Drug Possession in Texas?

Under Texas law, possession refers to having actual care, custody, control, or management of a substance. The Texas Controlled Substances Act (Tex. Health & Safety Code § 481) makes it a crime to knowingly or intentionally possess a controlled substance unless obtained under a valid prescription from a licensed practitioner.

Drug possession laws in Texas cover three main categories:

Controlled substances (Schedules I–V), including various opiates, stimulants, depressants, narcotics, etc.
Marijuana, which is treated separately under § 481.121.
Dangerous drugs that are not scheduled. These include medications or chemicals not listed as controlled substances but that require a prescription under Texas law.

Drug charges can be a particularly complicated legal matter, given the wide variety of substances Texas drug laws cover. If you’ve been accused of drug possession in Texas, seek representation from a Houston criminal attorney with experience in drug law.

Drug Possession vs. Drug Distribution

In Texas, to distribute a drug means to deliver a drug other than by administering or lawfully dispensing it. Generally, drug possession involves having a controlled substance for personal use, while drug distribution refers to delivering or intending to deliver drugs to others. The key difference lies in intent. Distribution charges often involve larger quantities, packaging materials, or evidence of sales.

A drug possession case is typically prosecuted under state law. Charges for drug trafficking or distribution can more easily trigger prosecution under federal law, especially when large quantities of drugs or interstate activity are involved. When facing drug distribution charges, a Houston drug distribution lawyer, such as B. Keith Jackson, can provide the support you need. He’ll assess your case and help you understand the legal risks and possible defenses.

Penalties for Drug Possession Charges in Texas

Under the Texas Health and Safety Code, the penalties for drug possession depend on two main factors: the type of drug and the amount found in your possession. Texas classifies many controlled substances into Penalty Groups 1 through 4. Courts issue harsher punishments for more dangerous or addictive substances.

Drug conviction for possessing even a small amount can result in jail or prison sentences, fines, and a permanent criminal record. A Houston criminal defense lawyer can help you protect your legal rights under strict Texas drug laws.

Penalty Group 1 or 1-B Drug Possession Texas

Under Texas Health and Safety Code § 481.115, possession of Penalty Group 1 or 1-B drugs is treated as a serious drug offense. These groups include dangerous and highly addictive controlled substances such as cocaine, heroin, methamphetamine, and fentanyl. Penalties are based on the weight of the substance.

Less than 1 gram qualifies as a state jail felony. Penalties include 180 days to 2 years in state jail and a fine of up to $10,000.
1 to less than 4 grams qualifies as a third-degree felony. Penalties include 2 to 10 years in prison and a fine of up to $10,000.
4 to less than 200 grams qualifies as a second-degree felony. Penalties include 2 to 20 years in prison and a fine of up to $10,000.
200 to less than 400 grams qualifies as a first-degree felony. Penalties include 5 to 99 years or life in prison and a fine of up to $10,000.
400 grams or more qualifies as an enhanced first-degree felony. Penalties include 10 to 99 years or life in prison and a fine of up to $100,000.

Consult with a Houston drug crimes attorney as soon as possible if you’re facing charges of heroin, methamphetamine, or cocaine possession in Texas.

Penalty Group 1-A Drug Possession Texas

Penalty Group 1-A includes LSD, LSD salts or isomers, and other chemical compounds. Texas Health and Safety Code § 481.1151 differentiates charges under this group by abuse units rather than weight.

Fewer than 20 abuse units is a state jail felony punishable by 80 days to 2 years in state jail and a fine of up to $10,000.
20 to fewer than 80 units is a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000.
80 to fewer than 4,000 units is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
4,000 to fewer than 8,000 units is a first-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
8,000 units or more is an enhanced first-degree felony punishable by 15 to 99 years or life in prison and a fine of up to $250,000

Possessing even a small amount of LSD or similar substances can result in severe legal consequences. If you’re facing these charges, it’s essential to have legal support.

Penalty Group 2 Drug Possession Texas

Texas Health and Safety Code § 481.116 details possible punishments for Penalty Group 2. This group includes drugs such as MDMA (Ecstasy), psilocybin mushrooms, and other synthetic hallucinogens. These drugs are known for their strong psychological effects.

Less than 1 gram, a state jail felony, is punishable by 180 days to 2 years in state jail and fines up to $10,000.
1 to less than 4 grams, a third-degree felony, is punishable by 2 to 10 years in prison and fines up to $10,000.
4 to less than 400 grams, a second-degree felony, is punishable by 2 to 20 years in prison and fines up to $10,000.
400 grams or more, a first-degree felony, is punishable by 5 to 99 years or life in prison and a fine of up to $50,000.

To avoid the potentially life-long consequences of a possession conviction for drugs in this group, consult with a Houston drug possession lawyer. B. Keith Jackson helps clients build strong defense cases against Penalty Group 2 possession charges.

Penalty Group 2-A Drug Possession Texas

Under Texas Health and Safety Code § 481.1161, Penalty Group 2-A includes synthetic cannabinoids, sometimes referred to as synthetic marijuana, K2, or Spice. These chemically altered substances mimic the effects of marijuana. However, these drugs are treated differently under Texas criminal law due to their unpredictable and potentially harmful effects. Possession penalties for Group 2-A are based on weight, including any adulterants or dilutants.

2 ounces or less qualifies as a Class B misdemeanor, with penalties of up to 180 days in jail and up to $2,000 in fines.
More than 2 ounces to 4 ounces qualifies as a Class A misdemeanor, with penalties of up to 1 year in jail and up to $4,000 in fines.
More than 4 ounces to 5 pounds qualifies as a state jail felony, with penalties of 180 days to 2 years in state jail and up to $10,000 in fines.
More than 5 pounds to 50 pounds qualifies as a third-degree felony, with penalties of 2 to 10 years in prison and up to $10,000 in fines.
More than 50 pounds to 2,000 pounds qualifies as a second-degree felony, with penalties of 2 to 20 years in prison and up to $10,000 in fines.
Over 2,000 pounds qualifies as a first-degree felony, with penalties of 5 to 99 years or life in prison and up to a $50,000 fine.

Possession of synthetic drugs is prosecuted aggressively. If you are facing drug crimes related to Group 2-A substances, understanding your charges under Texas criminal law is the first step in protecting your rights.

Penalty Group 3 Drug Possession Texas

Texas Health and Safety Code § 481.117 covers Penalty Group 3, which includes prescription medications with a lower potential for abuse. Common examples are Xanax, Valium, Ritalin, and some hydrocodone combinations. Penalties vary based on the weight of the substance in possession.

Less than 28 grams is a Class A misdemeanor. Penalties include up to 1 year in jail and up to $4,000 in fines.
28 to less than 200 grams is a third-degree felony. Penalties include 2 to 10 years in prison and up to $10,000 in fines.
200 to less than 400 grams is a second-degree felony. Penalties include 2 to 20 years in prison and up to $10,000 in fines.
400 grams or more is a first-degree felony. Penalties include 5 to 99 years or life in prison and up to $50,000 in fines.

Charges involving Group 3 drugs are serious and can significantly impact your future. A Houston drug crimes lawyer can help you understand the legal process and defend against the allegations.

Penalty Group 4 Drug Possession Texas

According to Texas Health and Safety Code § 481.118, Penalty Group 4 includes certain prescription medications and compounds containing small amounts of narcotics, often mixed with non-narcotic ingredients. An example of a prescription drug under this group is a cough syrup containing codeine. These drugs are considered to have the lowest potential for abuse among controlled substances, but are still illegal to possess without a prescription.

Less than 28 grams is a Class B misdemeanor, with penalties of up to 180 days in jail and up to a $2,000 fine.
28 to less than 200 grams is a third-degree felony, with penalties of 2 to 10 years in prison and up to a $10,000 fine.
200 to less than 400 grams is a second-degree felony, with penalties of 2 to 20 years in prison and up to a $10,000 fine.
400 grams or more is a first-degree felony, with penalties of 5 to 99 years or life in prison and up to a $50,000 fine.

While these drugs may appear less dangerous, a conviction still carries serious consequences. Legal guidance is key if you’re facing charges for any substance in Group 4.

Marijuana Possession Texas

Under Texas Health and Safety Code § 481.121, it is illegal to knowingly or intentionally possess usable marijuana, which includes the cannabis plant and its derivatives that contain more than 0.3% THC. Despite growing national support for marijuana reform, Texas continues to prosecute marijuana possession as a crime.

2 ounces or less qualifies as a Class B misdemeanor. Penalties include up to 180 days in jail and a fine of up to $2,000.
More than 2 ounces to 4 ounces qualifies as a Class A misdemeanor. Penalties include up to 1 year in jail and up to a $4,000 fine
More than 4 ounces to 5 pounds qualifies as a state jail felony. Penalties include 180 days to 2 years in state jail and up to a $10,000 fine.
More than 5 to 50 pounds qualifies as a third-degree felony. Penalties include 2 to 10 years in prison and up to a $10,000 fine.
More than 50 to 2,000 pounds qualifies as a second-degree felony. Penalties include 2 to 20 years in prison and up to a $10,000 fine.
Over 2,000 pounds qualifies as a first-degree felony. Penalties include 5 to 99 years or life in prison and up to a $50,000 fine

Even small amounts of marijuana can lead to a misdemeanor punishable by jail time, fines, and a permanent criminal record. If you’re facing marijuana charges, working with criminal defense attorney B. Keith Jackson can help protect your future.

Dangerous Drug Possession Texas

According to Texas Health and Safety Code § 483.041, it is illegal to possess a dangerous drug unless obtained with a valid prescription from a licensed medical provider. Dangerous drugs include any medications not listed in a penalty group, such as antibiotics, certain muscle relaxers, or drugs with sedative effects. These substances are unsafe for use without supervision. Texas courts consider possession of dangerous drugs to be a Class A misdemeanor. Potential penalties include a jail sentence of up to 1 year and fines up to $4,000.

How a Houston Drug Lawyer Can Help

A Houston drug crime defense attorney can make a significant difference when you’re facing charges under Texas drug laws. Attorney B. Keith Jackson offers strategic legal guidance backed by years of experience in drug case litigation. From the moment you’re charged, he will explain your rights, identify issues in the prosecution’s case, and work to build a strong defense. His familiarity with the local criminal justice system means he’s thoroughly prepared to fight for the best outcome possible.

Depending on the circumstances, drug possession charges can quickly lead to other drug-related charges. For example, if police officers find not only drugs but also certain drug paraphernalia in your possession, they may accuse you of drug manufacturing or distribution. As an experienced drug distribution and drug manufacturing attorney in Houston, B. Keith Jackson understands how to effectively represent clients facing complex drug charges.

Potential Defenses to Drug Possession in Texas

Several defenses may apply to your drug possession case. Common strategies include showing that the police conducted an unlawful search, arguing that the drugs did not belong to the defendant, or challenging whether the state can prove possession beyond a reasonable doubt.

In some situations, the defense may focus on flaws in the prosecution’s case, such as mishandled evidence or inconsistent witness statements. An experienced Houston drug lawyer, such as B. Keith Jackson, will assess the case from every angle to determine which defense is most well-suited to your situation.

Contact Houston Drug Possession Lawyer B. Keith Jackson Today for a Confidential Consultation

Don’t wait to get the legal help you need to fight drug possession charges in Houston, TX. Contact the law office of B. Keith Jackson, Attorney and Counselor at Law PLLC, today. He understands the stress that defendants experience when facing drug crime accusations. To make things easier for his clients, he approaches each case with compassion and understanding. B. Keith Jackson will protect your rights at every step of the case.

Choose Attorney Jackson for drug crime defense in Harris County and the surrounding areas. As a trusted Houston drug possession lawyer, he provides clear guidance, responsive support, and a focused defense strategy tailored to your situation. Call (281) 545-5020 or contact us online today to schedule a confidential consultation.

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