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Drug Possession Penalties

Attorney Greg Tsioros

Drug Possession Penalties

Narcotics Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties

The state of Texas takes drug possession very seriously and regularly amends its laws to add new drugs that have come onto the market. These laws are wide-ranging and there are specific sentences for each penalty group. Some of the factors used to determine the type of charge to be applied include:

  • Whether large sums of money were found along with the illegal substance
  • Whether the defendant has past convictions
  • The quantity of the illegal substance
  • Whether paraphernalia was found along with the illegal substance


Texas Penalties for Drug Possession

The drug laws in Texas range from a misdemeanor all the way to a felony. Different types of drugs are categorized into “penalty groups”, which consist of:

Penalty Group One

Some of the drugs in this group include morphine, heroin, and oxycodone. Depending on the amount seized, charges could range from a state jail felony to an enhanced first-degree felony. A state jail felony can include sentencing of six months to two years in a state jail. Being convicted of an enhanced first-degree felony can result in 10-99 years in a state prison.

Penalty Group Two

Drugs in this group include PCP, Ecstasy, and synthetic marijuana. Any charge involving less than 1 gram can result in 6 months to 2 years in jail. 400 grams or more can result in 5-99 years in a Texas state prison.

Penalty Group Three

Drugs found in this group include Xanax, Valium, and Ritalin in Texas. Any amount of less than 28 grams is considered a Class A misdemeanor and can bring a sentence of 1 year in jail and fines of no more than $4,000. Possession of more than 400 grams causes the charge to become an enhanced first-degree felony and can result in 5-99 years in prison and fines of no more than $50,000.

Penalty Group Four

These drugs consist of substances made from a small amount of narcotics and non-narcotic medicinal ingredients. Sentences are similar to other penalty groups and can include 5 to 99 years in a state prison for possession of 400 grams or more. Smaller amounts can still bring sentences of 6 months to 2 years in jail.

The Prosecutions Burden of Proof

One of the best defenses against having drugs in Houston is to prove the defendant did not know they were in possession of the substance. If a person is unaware there are drugs present they may be able to receive a reduced sentence or a dismissal.

Choosing the Right Houston Attorney

Greg Tsioros is able to help clients keep their lives intact and avoid false accusations of having drugs. Call Greg Tsioros today at (832) – 752-5972 for a free legal consultation session.