Drug Possession in Texas

If you get arrested for drug possession in any state it’s bad news, if you get caught in Texas it’s a whole different ball game. Texas has some of the strictest laws in the US regarding narcotics and controlled substances.

These laws are also very complicated so if you get charged with drug possession the first thing you need to do is find a good lawyer. A quick search for drug possession attorney Dallas will give you plenty of options. Below is a very basic summary of the drug laws in Texas.

Drug Laws

Should the police in Texas find illegal drugs in your possession you can expect to face;

  • A hefty fine
  • Jail time
  • Probation
  • Mandatory treatment for drug addiction
  • Your drivers licence being temporarily suspended
  • Even though most drugs prescribed by an MD are legal in Texas, there are certain circumstances where drug possession charges can apply. These charges will depend on the type of drug it is, the amount of the drug you have and whether you have a valid prescription for that dosage of the drug. The details are very confusing and even after reading through all the drug laws in Texas there are still a lot of unanswered questions.

Penalty Groups

Under the drugs laws of Texas, punishments and offenses for drug possession are split into 4 groups according to the classification of the drug. These are known as Penalty Groups 1,2,3 and 4. Marijuana isn’t in any of these groups as it has its own. The drug possession charges vary greatly depending on which penalty group the drug is in. The minimum charges for Texas drug possession is a Class A or Class B misdemeanor. The penalty for this is, depending on the drug, up to 12 months jail time and a fine up to $4000.

For example, you are arrested in possession of one of the drugs in Penalty Group 1. This charge could be considered to be a misdemeanor carrying a jail term of 1-2 years and fine which is determined by the judge. However, this charge could increase to life imprisonment and a fine up to $250,000 for a larger quantity of the same drug. Larger quantities of certain drugs may see the charge raised to the first degree felony known as “drug possession with intent to distribute.” Other factors taken into consideration are how you are storing or concealing the drugs, if you possess any other paraphernalia such as scales and carrying a large amount of cash.

Drug Categories

The different drug categories in Texas carry different penalties. As we said earlier, Marijuana has it’s own category and carries its own penalties. Some drugs fall into 2 categories. An example of this is hydrocodone, a painkiller which both a depressant and a narcotic.


Drugs which are derived or made from opium are classed as narcotics. These include, among others, morphine, vicodin, codeine and fentanyl.


These are the drugs used to slow down bodily functions and used as tranquilizers and sedatives to aid sleep or calm nerves. These include barbiturates, Xanax, Diazepam and inhalants.


These drugs speed up your nerves and give you a high. Cocaine, LSD and amphetamines are just some of the drugs that fall into this category.

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