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Possessing illicit or controlled substances in Texas violates the Texas Controlled Substance Act. There are four classes of drugs that you can be charged with possessing, and each class has its own set of penalties. The penalties for drug possession in Texas are some of the harshest penalties in the country.

Group 1 Drugs

Opiates and other related drugs are considered Group 1 Drugs. In this category, you will find drugs like cocaine, heroin, morphine, and oxycodone. The amount of drugs in your possession determines the type of felony that you will be charged with.

  • Less than 1 gram = State Jail Felony
  • 1-4 grams = 3rd Degree Felony
  • 4-200 grams = 2nd Degree Felony
  • More than 200 grams = 1st Degree Felony

Group 1-A Drugs

LSD and its derivatives are classed together into Group 1-A Drugs. The charges in this category are also given by the number of drugs in your possession.

  • Under 20 units = State Jail Felony
  • 20-80 units = 3rd Degree Felony
  • 80-4,000 units = 2nd Degree Felony
  • More than 4,000 units = 1st Degree Felony

Group 2 Drugs

Hallucinogenic substances fall into Group 2 Drugs. These drugs include mescaline, methamphetamine, and THC. The amount of the drug in your possession determines your charge.

  • Less than 1 gram = State Jail Felony
  • 1-4 grams = 3rd Degree Felony
  • 4-400 grams = 2nd Degree Felony
  • More than 400 grams = 1st Degree Felony

While marijuana falls into the Group 2 Drugs, it has its own set of penalties which are much harsher than most other states in the nation. In Texas, possessing a large amount of Marijuana could land you with a life sentence.

  • Less than 2 ounces = Class B Misdemeanor
  • 2-4 ounces = Class A Misdemeanor
  • 4 ounces to 5 pounds = State Jail Felony
  • 5-50 pounds = 3rd Degree Felony
  • 50-2,000 pounds = 2nd Degree Felony
  • More than 2,000 pounds = 1st Degree Felony

Group 3 Drugs

Depressants and stimulants are Group 3 Drugs. These include drugs like peyote or hormonal  .

  • Less than 28 grams = Class A Misdemeanor
  • 28-200 grams = 3rd Degree Felony
  • 200-400 grams = 2nd Degree Felony
  • More than 400 grams = 1st Degree Felony

Group 4 Drugs

These are medicinal drugs that contain small amounts of narcotics like Tylenol with Codeine.

  • Less than 28 grams = Class B Misdemeanor
  • 28-200 grams = 3rd Degree Felony
  • 200-400 grams = 2nd Degree Felony
  • More than 400 grams = 1st Degree Felony

Possible Defenses for Drug Crimes

If you have been charged with possession, it is imperative that you seek the assistance of an experienced drug crimes attorney. You face up to 99 years in prison if you are being charged with a 1st-degree felony.

There are many possible defenses that can be employed to help beat your drug charges including lack of knowledge that the controlled substance was in your possession, the drug has been prescribed by a physician, or that the drugs were not intended for human consumption.

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