If you are arrested for drug possession in Texas, you may be concerned about what may happen. Texas does punish drug possession offenses harshly. You could be sentenced to a lengthy prison sentence and face large fines. A conviction on drug possession charges can be life-changing.
If you have been arrested on drug possession charges, you should not talk with police without a good criminal defense attorney. In the Frisco, Texas area contact Philip D. Ray, an experienced criminal defense attorney.
Texas Penalty Groups
Under Texas law, drug possession offenses are categorized into four penalty groups. The penalty groups are based on the type of drug. Your sentence will depend primarily on the penalty group and the amount of drug found in your possession. Your punishment will be enhanced if there is evidence of intent to deliver or if a minor was present when the offense was committed.
Below is a breakdown of each penalty group.
Penalty Group 1
Penalty group one consists of the drugs the state considers the most dangerous, including heroin, cocaine, meth, ketamine, opium, and oxycodone.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 1 gram | State jail felony | 6 months to 2 years | $10,000 |
| 1 to 4 grams | 3rd-degree felony | 2 to 10 years | $10,000 |
| 4 to 200 grams | 2nd-degree felony | 2 to 20 years | $10,000 |
| 200 to 400 grams | 1st-degree felony | 5 to 99 years | $10,000 |
| More than 400 grams | Enhanced felony 1 | 10 to 99 years | $300,000 |
Penalty Group 2
Penalty group two includes controlled substances such as ecstasy, amphetamine, hashish, and PCP.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 1 gram | State jail felony | 6 months to 2 years | $10,000 |
| 1 to 4 grams | 3rd-degree felony | 2 to 10 years | $10,000 |
| 4 to 400 grams | 2nd-degree felony | 2 to 20 years | $10,000 |
| More than 400 grams | 1st-degree felony | 5 to 99 years | $50,000 |
Penalty Group 3
Drugs in penalty group 3 include anabolic steroids, benzodiazepines, methylphenidate or Ritalin, Valium, and Xanax.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 28 grams | Class A misdemeanor | Up to 1 year | $4,000 |
| 28 to 200 grams | 3rd-degree felony | 2 to 10 years | $10,000 |
| 200 to 400 grams | 2nd-degree felony | 2 to 20 years | $10,000 |
| More than 400 grams | 1st-degree felony | 5 to 99 years | $50,000 |
Penalty Group 4
Penalty Group 4 consists of opiates and opioids not listed in groups 1 or 3.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 28 grams | Class B misdemeanor | Up to 6 months | $2,000 |
| 28 to 200 grams | 3rd-degree felony | 2 to 10 years | $10,000 |
| 200 to 400 grams | 2nd-degree felony | 2 to 20 years | $10,000 |
| More than 400 grams | 1st-degree felony | 5 to 99 years | $50,000 |
Penalties for Possession of Marijuana in Texas
Marijuana is not included in any of the penalty groups. Texas treats marijuana as its own separate category.
| Marijuana Possession | Penalty | Incarceration | Maximum Fine |
| 2 ounces or less | Class B misdemeanor | 180 days | $2,000 |
| 2 to 4 ounces | Class A misdemeanor | 1 year | $4,000 |
| 4 ounces to 5 pounds | State jail felony | 180 days to 2 years | $10,000 |
| 5 to 50 pounds | 3rd-degree felony | 2 to 10 years | $10,000 |
| 50 to 2,000 pounds | 2nd-degree felony | 2 to 20 years | $10,000 |
| More than 2,000 pounds | 1st-degree felony | 5 to 99 years | $50,000 |
What are the Collateral Consequences of a Drug Possession Conviction
In addition to prison time and fines, you will face extensive collateral consequences if you are convicted on drug possession charges in Frisco, especially if you have a felony conviction. Some of the potential ramifications include:
- Suspension of your driver’s license;
- Losing your right to vote;
- Mandatory drug addiction treatment;
- Community service;
- Revocation or suspension of professional licenses;
- Difficulty maintaining housing;
- Affect your eligibility for student loans and grants; and
- Create barriers to employment.
What Should You Do If You Have Been Charged with Drug Possession in Frisco?
If you have been arrested on drug possession charges in Frisco. You should immediately find a qualified criminal defense lawyer. An attorney can advise you of your rights and fight to get the charges filed against you reduced or dropped.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing drug possession charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against drug possession charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.