In Texas, it is unlawful to possess a controlled substance without a valid prescription or authorization for another approved reason, such as for research or clinical trials.
If you are faced with drug possession charges, you may experience anxiety, fear, and a myriad of questions. You might be wondering, is possession of a controlled substance a felony?
You may also be thinking about how you can defend yourself against the charge. Several factors determine the answer, including the type and amount of substance and your prior criminal history.Â
Below, we explain when drug possession is a felony and the potential penalties.
When you need answers about felony possession of a controlled substance in Texas, our controlled substance lawyers are here to help.
To get started, please contact us today. We are ready to fight for your rights.Â
What Is a Controlled Substance?
A controlled substance is a drug or chemical that is closely monitored and regulated by the government due to its potential for abuse or risk to the community.
This applies to both illegal street drugs and legally prescribed medications.Â
Controlled substances are classified into six groups or schedules according to their medical use and risk of dependency.
Schedule I substances pose the highest risk of abuse, and Schedule V is the lowest. Examples include:
- Schedule I—Heroin, LSD, ecstasy, marijuana and THC oil.
- Schedule II—Cocaine, methamphetamines, oxycodone, fentanyl.
- Schedule III—Ketamine, codeine, anabolic steroids.
- Schedule IV—Xanax, Valium, Ambien.
- Schedule V—Cough syrups with low codeine content.
The Drug Enforcement Administration (DEA) oversees this classification system, which regulates the availability of controlled substances.
Schedule I substances are viewed as having no therapeutic or medical value. Schedule II substances and beyond may have noted therapeutic and medical value.
An Important Note About Marijuana
Federal law still classifies marijuana as a Schedule I drug, even though several states have passed laws decriminalizing or legalizing it for either medical or recreational use.
Medical marijuana is legal in Texas for specific conditions, but recreational use is still illegal. Possession of more than four ounces of marijuana is a felony in Texas.
What does Possession Mean in Texas?
According to the Texas Health and Safety Code and Texas Penal Code, possession refers to the “actual care, custody, control, or management” of a controlled substance. Possession can be actual or constructive.
Actual possession occurs when the controlled substance is found on your body. Constructive possession refers to having the substance within your reach or under your control.Â
What Class Felony is Possession of a Controlled Substance?
Whether your possession of a controlled substance charge is classified as a felony or not depends on various factors, such as the type and quantity of the substance, your intent, your criminal history, the packaging of the substance, and the specific penalty group the substance falls under.
Texas law classifies controlled substances into five distinct penalty groups, with each carrying specific penalties based on the drug’s schedule. The following are the penalty groups charged as felonies.
Penalty Group (PG) 1
This category contains highly addictive and dangerous narcotics such as heroin, cocaine, and fentanyl. Possession of any substance in this PG is a felony, and penalties are based on quantity.
- Less than one gram is a state jail felony, punishable by 180 days to two years in jail.
- One to Four Grams is a third-degree felony punishable by incarceration of two to ten years.
- Four to 200 grams is a second-degree felony, punishable by two to twenty years in jail.
- 200 to 400 grams is a first-degree felony, punishable by five to 99 years in prison.
- 400 grams or more is an enhanced first-degree felony, punishable by 10 to 99 years in prison.
Regardless of the jail sentence, you face a maximum fine of $10,000 for everything except the first-degree felony. For a first-degree felony, or enhanced first-degree felony, the fines can exceed $10,000. Additionally, factors like using a weapon during the offense may result in harsher penalties.
Penalty Group (PG) 2
This category includes methamphetamine, ecstasy, and some prescription medicines like oxycodone.
Like PG 1, the potential penalties for possession vary according to the quantity involved, and each sentence includes the potential of a fine of up to $50,000.
- Less than 1 gram is a state jail felony punishable by 180 days to two years in jail.
- One to Four Grams is a third-degree felony, punishable by two to ten years in prison.
- Four to 400 grams is a second-degree felony, punishable by two to twenty years of incarceration.
- 400 grams or more is a first-degree felony, punishable by five to 99 years in jail and up to a $50,000 fine.
The severity of the penalties for PG 2 substances reflects both the drug’s potential dangers and the state’s efforts to combat drug trafficking and abuse.
Penalty Groups (PG) 3 and 4
Penalty Groups 3 and 4 include prescription-only stimulants, depressants, and anabolic steroids that are seen as having a potential for abuse.
Examples include Ritalin (methylphenidate), Xanax (alprazolam), and Valium (diazepam). Peyote and Codeine are also included in this group.
Possession of these substances is usually considered a misdemeanor unless it exceeds 28 grams. If the amount exceeds 28 grams, the punishment ranges for PG 3 and PG 4 are the following:
- Possessing 28 to 200 grams is a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000.
- 200 to 400 grams is a second-degree Felony with a maximum fine of $10,000 and a prison sentence of two to twenty years.
- 400 grams or more is a first-degree felony punishable by 5 to 99 years of incarceration and a fine of up to $50,000.
Possession of more than 400 grams carries harsher penalties because it may be classified as possession with intent to deliver, a more separate severe offense.
Given the complex nature of drug laws and the potential consequences of felony convictions, seeking legal guidance from a qualified controlled substance lawyer is crucial.
An attorney can explain your legal rights, prepare a defense, and look into ways to lessen the severity of the charges.Â
Have Questions About Your Case? Get Answers with Austin Hagee Law Firm.
Based in San Antonio, we have successfully defended hundreds of Texans, leading to favorable outcomes like reduced charges or dismissals.
Our team of committed and skilled controlled substance attorneys handle a range of drug offenses, from simple misdemeanor possession to felony charges.
Thanks to our extensive background in trial work and experience working as prosecutors, we have effectively defended even the most complicated cases.
At Austin Hagee Law Firm, we strive to provide comprehensive legal support and collaborate with you to understand your situation and goals to devise a tailored and effective defense strategy.
Contact us for a free consultation and discuss your options. Remember, you do not have to fight this alone.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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