Possession of a Controlled Substance: What is the law, what are the legal consequences, and what should you do?
What is the law for Possession of a Controlled Substance in Texas?
Section 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, defines which drugs are restricted in Texas and the penalties for illegal possession of a controlled substance in Texas. This Act defines 4 Penalty Groups which are named simply Penalty Groups 1, 2, 3, and 4. The punishments for possessing a drug listed under Penalty Group 1 are the most severe and the penalties for possessing a drug listed under Penalty Group 4 are the least severe. NOTE: Possession of Marijuana is treated as a separate criminal offense. Within each penalty group, the punishments increase depending on the weight of the drug in question that a person possesses.
What are the legal consequences?
Below is a series of tables that list a few examples of commonly known drugs that are listed under each Penalty Group and the punishments for possession of these drugs based on weight.
Penalty Group 1 (Cocaine, Heroin, Methamphetamine, LSD …)
| <1 Gram | State Jail Felony | 180 Days to 2 years in a State Jail and up to a $10,000 fine |
| 1 – 4 Grams | 3rd Degree Felony | 2-10 Years in Prison and up to a $10,000 fine |
| 4 – 200 Grams | 2nd Degree Felony | 2-20 Years in Prison and up to a $10,000 fine |
| 200 – 400 Grams | 1st Degree Felony | 5-99 Years in prison and up to a $10,000 fine |
| > 400 Grams | Enhanced 1st Degree Felony | 10 Years in prison – Life and up to a $100,000 fine |
Penalty Group 2 (Ecstasy, Psychedelic Mushrooms, PCP …)
| <1 Gram | State Jail Felony | 180 Days to 2 years in a State Jail and up to a $10,000 fine |
| 1 – 4 Grams | 3rd Degree Felony | 2-10 Years in Prison and up to a $10,000 fine |
| 4 – 400 Grams | 2nd Degree Felony | 2-20 Years in Prison and up to a $10,000 fine |
| > 400 Grams | 1st Degree Felony | 5-99 Years in prison and up to a $50,000 fine |
Penalty Group 3 (Alprazolam (Xanax), Steroids …)
| <28 Gram | Class A Misdemeanor | Up to 365 days in the County Jail and up to a $4,000 fine |
| 28 < 200 Grams | 3rd Degree Felony | 2-10 Years in Prison and up to a $10,000 fine |
| 200 < 400 Grams | 2nd Degree Felony | 2-20 Years in Prison and up to a $10,000 fine |
| > 400 Grams | 1st Degree Felony | 5-99 Years in prison and up to a $50,000 fine |
Penalty Group 4
| <28 Gram | Class B Misdemeanor | Up to 180 days in the County Jail and up to a $2,000 fine |
| 28 < 200 Grams | 3rd Degree Felony | 2-10 Years in Prison and up to a $10,000 fine |
| 200 < 400 Grams | 2nd Degree Felony | 2-20 Years in Prison and up to a $10,000 fine |
| > 400 Grams | 1st Degree Felony | 5-99 Years in prison and up to a $50,000 fine |
What should you do if you have been charged?
If you or a loved one have been arrested for Possession of a Controlled Substance, you or they could be facing some serious consequences. Please contact Carter Criminal Defense today for a free consultation to see what your options are.