How Does Drug Possession Work in Texas? How Does Drug Possession Work in Texas?

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How Does Drug Possession Work in Texas?

Texas residents can find themselves facing criminal charges for possessing a controlled substance. Even if you did not intend to sell or distribute the substance, law enforcement could arrest you for drug possession. Suddenly, your future becomes uncertain as you wait to see how this event will affect your freedom. Below is a brief overview of drug possession offenses in Texas and what steps you can take to keep your future as bright as possible.

Understanding the Texas Controlled Substances Act

Currently, Texas has some of the strictest drug possession laws in the country. The Texas Controlled Substances Act specifies four classes of drugs, each of which carries separate penalties. Essentially, criminal penalties depend on the classification and amount of controlled substance in your possession. You may face additional penalties if prosecutors demonstrate your intent to deliver the substance to another party or if a minor was involved.

Drug Penalty Groups Under Texas Law

Under Texas law, controlled substances belong to one of four categories. Penalty Group 4 is the lowest level of classification, encompassing many prescription medications prone to abuse and addiction. If police find you with less than 28 grams of a Penalty Group 4 substance (and you lack a valid prescription), you could face Class B misdemeanor charges and spend up to 6 months in jail or pay up to $2,000 in fines. The highest level classification, Penalty Group 1, applies to drugs like heroin and cocaine. Possessing even a small amount (less than one gram) is considered a state jail felony, punishable by up to 2 years in jail and a $10,000 fine.

Contact a Skilled Criminal Defense Lawyer Today

The hours following a drug possession arrest in Pearland or Brazoria County can be overwhelming. Before you lose hope, contact an experienced criminal defense attorney to discuss your situation and learn more about what to expect in the days, weeks, and months ahead. Remember, you do not have to go through this challenging experience alone—your attorney will answer your questions, address your concerns, and help you to face whatever lies ahead. Together, you can move toward the best outcome possible, given the specifics of your case.


If you or a loved one is facing drug possession charges in Pearland or Brazoria County, call the Law Offices of Keith G. Allen, PLLC, today at (832) 230-0075 to schedule a free consultation with a skilled attorney.

There’s no time to waste. Your defense starts with a free consultation.

Effective & reliable legal counsel throughout Pearland and Brazoria County.