Texas has particularly strict laws regarding controlled substances and narcotics. State laws are also complicated. The law is explained in the Texas Criminal Code and the Texas Controlled Substances Act, Health and Safety Act. Here’s a basic overview of Texas drug laws: If police find drugs in Texas, they can face multiple penalties.
If you want to stop using drugs and change your life for the better, contact us. 17135283709 For more information on drug addiction treatment programs,
Texas Drug Law Update
Important recent updates to Texas drug laws include:
- In 2019, the Texas legislature legalized hemp. Texas has also released a list of hemp-derived products that can be legally sold, purchased or owned in the state.
- In 2021, Texas passed a law allowing anyone who pleads guilty to marijuana possession to apply for a criminal record expungement (removal). Texas also eliminated criminal penalties for possession of 4 ounces or less of marijuana as part of the law.
Look up and read Texas drug laws. If you need legal representation, contact an attorney today.
texas drug laws
If you are found to be in possession of even a small amount of drugs, you may face criminal charges in Texas. Texas has very strict drug possession laws that can have serious consequences. Depending on the type and amount of drugs found, drug possession charges in Texas range from a class C misdemeanor to a first degree felony.
You may face results such as:
- jail time
- heavy fines
- compulsory drug addiction treatment
- Suspension of driver’s license
Most prescription drugs are legal in Texas. However, even with a prescription, drug possession charges may apply in certain circumstances. Prices vary depending on:
- drug type
- the amount of prescription drugs you have
- Whether you have a valid prescription or order from a health care provider to use the drug at that dose
Details can be confusing. Even after reading about Texas drug laws, many people still want to know: Is possession of a controlled substance a felony in Texas? The answer depends on several factors. Here’s a breakdown of Texas drug laws to help you better understand the state’s laws, including which drug penalties are misdemeanors and which are felonies.
Texas Drug Law and Penalty Group
Under Texas drug laws, crimes and penalties for drug possession are divided into four groups according to the classification of the drug. The groups are called penalty groups 1, 2, 3, and 4. Marijuana belongs to its own group. The charges for drug possession for each penalty group are different. At a minimum, drug possession charges in Texas are either “Class B” or “Class A” misdemeanors.
This carries a maximum penalty of one year in prison and a fine of up to $4,000, depending on the type of drug. For example, if you are in possession of a drug that falls under Penalty Group 1, the offense is considered a misdemeanor and can carry a sentence of one to two years in prison and a court-determined fine.
However, this charge can be increased from 2 years to a maximum of life imprisonment plus a fine of up to $250,000 for possession of large quantities (e.g., 400 grams or more) of the same substance. Large amounts of certain substances can be a first-degree felony of “drug possession for distribution.”
In addition to the amount of medication you have, other factors determine the severity of the charge. These factors may also include:
- How to store or hide the drug
- If you are in possession of drug-related equipment (scales, etc.)
- have a lot of cash
- Have a previous conviction or criminal record
Sentences vary by group and category, as well as previous fees.
Texas Drug Laws and Classification of Drugs
Different drug categories or classifications in Texas have different penalties. Marijuana is in its own drug category and has its own penalties. Others he is unaffiliated with four drug classes or penalty groups. Some drug types he falls into two categories. For example, the pain reliever hydrocodone is both a narcotic and a depressant.
Texas drug category
The state of Texas classifies the types of drugs as follows:
- drug (drugs made or derived from poppies): opium, morphine, codeine, hydrocodone (commonly known as Vicodin, Rosset, Rotab), oxycodone (commonly known as percodane, percocet), fentanyl, such as carfentanil.
- Inhibitor (a drug used as a sedative or tranquilizer to slow down the body’s functions, calm the nerves, or help someone sleep): opiates (heroin), opioids (pain relievers), barbiturates, benzodiazepines ( commonly alprazolam/Xanax, lorazepam/avivan, diazepam/valium and temazepam/restoril), chloral hydrate (commonly known as Somnaute), a range of inhalants, and alcohol.
- stimulant drug (drugs that speed up nerves and make you more alert): cocaine, amphetamines (speed), and some inhalants, among others.
- Hallucinogen (perception, mood, emotion, thought altering drugs): LSD (acid), PCP, marijuana (cannabis), mushrooms (psilocybin), ketamine, peyote or mescaline, etc.
texas penal group
Drug categories fall into different penalty groups in Texas. Penalties vary depending on whether the drug is manufactured, sold or possessed. Penalty groups are:
Penalty Group 1
Opioids (including pain relievers such as codeine, hydrocodone, oxycodone), opiate derivatives and/or opiates (such as heroin), cocaine, methamphetamine, ketamine, LSD, mescaline, psilocybin, and similar hallucinogens. Penalties for this group start with 180 days to two years in prison for him and a fine of $10,000 for him. They can face up to life imprisonment (for possession of more than 400 grams) and fines of up to $300,000.
Penalty Group 2
LSD, Ecstasy (MDMA), PCP, Psychedelic Mushrooms, Amphetamines Penalties for this group start with 180 days to 2 years in prison for possession of less than 1 gram. Possession of more than 400 grams carries a maximum penalty of life imprisonment and a fine of up to $50,000.
Penalty Group 3
Opioids and opiates not listed in Penal Group 1, sedatives such as benzodiazepines and valium, anabolic steroids, methylphenidate (commonly known as Ritalin), and stimulant or depressant effects and abuse Other prescription drugs that may Penalties for this group range from a minimum of 180 days for him to two years in prison and a maximum fine of $10,000. The maximum penalty is life imprisonment (for possession of 400 grams or more) and a fine of up to $50,000.
Penalty Group 4
Opioids and opiates not listed in Penalty Group 1, and various prescription drugs and compounds with abuse potential. Penalties are the same as Penalty Group 3.
Marijuana (cannabis) and synthetic marijuana or synthetic cannabinoids (commonly known as K2 and spices). The minimum penalties for this group are probation and compulsory drug treatment. Claims may also be denied after successfully completing a treatment program. Possession of two ounces or less could also get him jailed for 180 days and he could be fined $2,000. Even if he has only a small amount of marijuana, his driver’s license can be suspended for six months. If he possesses more than two ounces of marijuana, he risks a prison sentence of one to ten years and a fine of $4,000 to $50,000.
When it comes to marijuana and cannabis, new laws are developed every day, including the recent legalization of medical marijuana. It’s important to keep up to date with the latest trends.
Getting Help for Substance Use Disorders with the Right Steps
It’s important to remember that in Texas, the severity of drug prosecutions varies greatly depending on the circumstances of each case. Seek legal representation if you are facing drug charges in Texas.
If you need treatment for drug use, contact the Right Steps team. 17135283709 today.