Drug Possession in Texas

Arrested? Contact Our Plano Drug Crimes Lawyer.

Although possession of a controlled substance is the most common type of drug crime charge, it should not be taken lightly. A conviction can carry severe consequences including time in prison, harsh fines, and a criminal record affecting where you may be able to work and live. At Peveto Law, we understand that this can be a confusing time and it can be difficult to know where to turn. Our firm is here for you and we will do everything our power to see that your future is not affected by a drug crime charge. Our founding Plano criminal defense attorney has a successful track record of securing acquittals as well as reduced charges, and is highly regarded by past clients. Read what our clients say about us.


Take the first step in building a powerhouse defense – schedule a free consultation with our criminal defense attorney today.


Charges for Possession in Texas

Generally, a person can be charged for possession when they knowingly or intentionally carry or have control over a drug.

There are two main types of possession charges: constructive possession and actual possession.

  • Actual possession occurs when drugs were found in your direct possession such as in your pocket at the time of an arrest.
  • Constructive possession occurs when drugs were found in a location which you directly control, such as in your car or household, even if you were not present at the time.

In order to successfully charge you with possession, the prosecution must prove that a controlled substance was found in your possession, meeting one of the criteria above, during a lawful search.

Penalties for Drug Possession

The penalties for the possession of a controlled substance can be complicated and are decided based on factors such as the type of a controlled substance as well as the amount in question. In Texas, each controlled substance is classified into one of 4 “penalty groups” (and two sub-groups) based on its potential for abuse and recognized (or lack of) medical uses. Texas uses these groups to classify not only common drugs such as cocaine and heroin but also many of the compounds which are used in the production and manufacture of controlled substances. The most severe penalties are associated with controlled substances in penalty group 1, which include drugs such as cocaine and heroin.

Penalties vary depending on the “penalty groups” of the drugs involved:

  • A conviction for possession of a penalty group 1 drug can lead to fines of up to $100,000 and up to 99 years in prison.
  • The least severe penalties are associated with penalty group 4 and fines begin at $2,000 with jail sentences ranging from less than 180 days to 99 years.

It is important to note that, unlike federal law, Texas classifies marijuana separately with its own laws governing punishment and regulation. 

Possession of Marijuana in Texas

In Texas and across the country, marijuana is the most commonly used controlled substance under federal law. Although possession of a controlled substance is the most common type of drug crime charge, it should not be taken lightly. When a Texan is accused of unlawful possession of marijuana, it is important to be aware of the potential consequences, which are often quite severe.

Arrested for Possession of Marijuana?

A conviction can carry harsh penalties, including jail time, heavy fines, and a criminal record affecting where you may be able to work and live. At Peveto Law, we understand that this can be a confusing time, and it can be difficult to know where to turn. Our firm is here for you and will do everything our power to see that your future is not adversely impacted by a drug crime charge. Drug charges defense lawyer Andrew Peveto has a successful track record of securing acquittals as well as reduced charges, and is highly regarded by past clients.

Take the first step toward building a powerhouse defense against a possession of marijuana charge – schedule a free consultation with attorney Andrew Peveto today.

Charges for Possession of Marijuana – Texas

Generally, a person can be charged for marijuana possession when they knowingly or intentionally carry or have control over a drug.

There are two main types of possession charges:

  • Actual possession occurs when drugs were found in your direct possession such as in your pocket at the time of an arrest.
  • Constructive possession occurs when drugs were found in a location that you directly control, such as in your car or household, even if you were not present at the time.

In order to successfully charge you with unlawful possession of marijuana in Texas, the prosecution must prove that a controlled substance was found in your possession, meeting one of the criteria above, during a lawful search.

Penalties for Marijuana Possession in Texas

In Texas, each controlled substance is classified into one of 4 “penalty groups” (and two sub-groups) based on its potential for abuse and recognized (or lack of) medical uses. The amount of marijuana in possession at the time of arrest will affect the charges, and even a small amount can result in jail time for individuals who do not have qualified legal counsel.

The penalties are outlined by Texas Health & Safety §481.032 code as follows:

  • Less than 2 ounces of marijuana – Class B Misdemeanor (maximum $2,000 fine/180 days in jail)
  • Between 2 ounces and 4 ounces of marijuana – Class A Misdemeanor (maximum $4,000 fine/12 months in jail)
  • Between 4 ounces and 5 pounds of marijuana – State Jail Felony (maximum $10,000 fine/between 6 months and 2 years jail time)
  • Between 5 pounds and 50 pounds of marijuana – 3rd Degree Felony (maximum $10,000 fine/between 2 and 10 years in jail)
  • Between 50 pounds and 2,000 pounds of marijuana – 2nd Degree Felony (maximum $10,000 fine/between 2 and 20 years in jail)
  • 2,000 pounds or more – 1st Degree Felony (maximum $50,000 fine/from 5 to 99 years jail time)

Is Possession of Marijuana a Felony?

As the penalties listed above indicate, possessing marijuana is a felony crime if you are caught with anything more than four ounces. Texas drug laws are some of the strictest in the nation, and a conviction carries some devastating consequences.

Attorney Andrew Peveto works closely with clients to develop the best defenses to a Texas marijuana possession charge. Through comprehensive investigations, our legal team can point out weaknesses in the state’s accusations, with a view toward resolving your case in your best interests.

Hard-Hitting Legal Advocacy

The laws surrounding drug crimes can be extremely confusing and if you have been charged with possession of a controlled substance, do not hesitate to contact Peveto Law. Our Plano criminal defense attorney can help you make sense of what is happening and what you can likely expect as your case goes forward. We have nearly a decade of experience helping people in your situation and will take the time to listen to and understand your unique position.

When your future is on the line, look no further than Peveto Law. Call 972-339-8033.