You have a medical card back home, and you didn’t even consider whether your medical cannabis was legal in Texas. Then, the cops pulled you over. Now, your fun vacation has turned into a nightmare! Don’t beat yourself up too much. Many Americans have gone through a similar story ending in the same place. In 2018, courts charged 1,429,299 Americans with drug possession! So how do you make sure you don’t end up on the wrong side of the cell bars? What can you do if you’ve already got a possession charge? Keep reading to learn everything you need to know about drug charges in Texas!
In Texas, drug charges break down into distinct penalty groups. Each penalty group comes with its own set of rules and consequences.
Group one does not mean that these are the least dangerous drugs! Group one drugs in Texas include opium, opium derivatives, and cocaine. Other drugs included in this group are codeine, heroin, morphine, oxycodone, and methadone.
For group one charges, possession of less than one gram is a felony in Texas! Possession of one to four grams is a third-degree felony and if you get caught with four to two hundred grams you get charged with a second-degree felony.
Those arrested with between 200 grams and 400 grams will face a 1st-degree felony, up to $100,000 in fines, and 10 to 99 years or life in prison. Those arrested with more than 400 grams face a 1st-degree felony which is punishable by up to 99 years or life in prison as well as up to a $100,000 fine.
Group two drugs include hallucinogenic drugs like mescaline, methamphetamine, and Tetrahydrocannabinol (THC).
Possession of less than one gram is a felony. Charges of possession of between one gram and four grams is a third-degree felony and between four grams and four hundred grams makes the charge a 2nd degree felony! If you get caught with more than four hundred grams of a group two drug, you face five to ninety-nine years (or life in jail) and up to a $50,000 fine!
Group three drugs include system depressants and stimulants as well as some narcotics. Other drugs included in this group are peyote, stimulants, and salvia.
Possession of fewer than twenty-eight grams of a group three drug is a class A misdemeanor which is punishable by a fine of up to $4,000 and up to one year in a Texas jail. Possession of between twenty-eight and two hundred grams gets you a third-degree felony. A charge of possessing between two hundred and four hundred grams is a second-degree felony.
Also, note that possession of more than four hundred grams of a group three drug could result in five to ninety-nine years in prison and a $50,000 fine!
The fourth drug group includes drugs that have medicinal properties but can also contain trace amounts of narcotics. Some of these kinds of drugs are codeine, ethylmorphine, and opium.
Getting charged with possession of fewer than twenty-eight grams can lead to a class B misdemeanor while possessing twenty-eight to two hundred grams is a third-degree felony. Possession of two hundred to four hundred grams is a second-degree felony. Those who get caught with more than four hundred grams could face five to ninety-nine years (or life in prison) and up to $50,000 in fines.
It’s becoming legal in states all around the country, but it’s still illegal on the federal level. If you’re charged with possession of marijuana in Texas, they have a whole penalty group dedicated to this one illegal plant!
In Texas, marijuana is a group 2 drug, but it has a whole host of extra rules that apply only to cannabis-related charges. Getting charged with possession of marijuana in Texas comes with some serious consequences.
Some of the penalties for possession of small amounts of pot in Texas are probation, six-month driver’s license suspension, and mandatory drug treatment. If you complete a treatment program, sometimes they will dismiss the charge.
Other penalties include 180 days in jail and a fine of up to $2,000 for possession of anything less than two ounces. Possession of more than two ounces of cannabis risks penalties of one to ten years in jail. On top of that, you’ll pay fines anywhere from $4,000 to $50,000!
If you do decide to carry illegal drugs and get caught, your next step is to call a lawyer so they can get started on your defense strategy. Keep in mind that lawyer fees will set you back around $100 to $300 per hour!
But, if you don’t hire a good lawyer, your chances of getting your charges reduces or dropped plummet. If you want to have the best chances in court, it’s best to have a knowledgeable and experienced lawyer on your side because the government has plenty of its own!
We hope you never need to hire a lawyer to defend you against a drug charge. But, it’s better to have a good lawyer on speed dial when you need one rather than need one and have no idea who to call.
On the other hand, if you can avoid violating any of the possession laws in Texas, then you don’t need to worry about possession charges! The safest way to enjoy your time in Texas is to forgo any illegal substances.
We hope you enjoyed reading this article and that you learned a few things about the different kinds of drug charges in Texas. If you have any questions about this article, or if you’re looking for a good lawyer in the Houston area, contact us today!