Possession Drug Charges in Texas

Texas is well-known for having little sympathy for those found guilty of drug possession. But will you have a felony on your record for it? Although several cases are charged as such, the fact is that most cases can vary in severity depending on which drug and how much of it was found to be in your possession. 

It’s imperative to use a drug possession lawyer such as one of the professionals at Denuna Law Firm to protect your rights and interests in such an event. 

When is Drug Possession a Felony in Texas? 

Drug penalty groups are regulated by the Texas Controlled Substances act. There are six different penalty groups for drug possession charges in Texas: 

  • Penalty Group 1

  • Penalty Group 1-A

  • Penalty Group 2

  • Penalty Group 2-A

  • Penalty Group 3

  • Penalty Group 4

The severity of punishment for drug possession in Texas depends on which category your charge will fall under if you’re convicted. 

Penalty Group 1

This group contains the most heavily regulated drugs in the state of Texas. This includes opioids like hydrocodone, codeine, and oxycodone. It also includes ketamine, mescaline, and other hallucinogens. Possession of Penalty Group 1 drugs is always treated as a felony.  


Penalty Group 1-A

This penalty group is exclusive to LSD and its derivatives. Although other drugs are commonly weighed, LSD possession is measured in “units” that can be as small as a little square of paper that has been drenched in LSD. Possession of LSD is always treated as a felony drug charge in Texas. 

Penalty Group 2

Primarily, this penalty group contains hallucinogens like ecstasy, peyote, and PCP. If you are found to be in possession of any Penalty Group 2 drugs in Texas, you will be charged with a felony. 


Penalty Group 2-A

Artificial compounds meant to replicate the effects of cannabinoids are what make up this group. If you are found to be in possession of any amount of these drugs over 4 grams by weight, then you will be charged with a felony. 

Penalty Group 3

Any opioids and opiates that are not in Penalty Group 1 fall into this category. These can be anabolic steroids, benzos, meth, and other prescription drugs that have a depressant or stimulating effect. If you have over 28 grams of this group on your person, then you will be looking at a felony charge. 

Penalty Group 4

This group consists of prescription medications and compounds that are used to make them. This is because medical drugs can be abused just like other drugs listed above. Anything under 28 grams of Penalty Group 4 drug possession in Texas will net a misdemeanor, while over 28 grams will be a felony. 

Call an Experienced Drug Possession Lawyer in Texas

If you have been charged with drug possession, get counsel that you can bet your freedom on. Denuna Law Firm is ready to protect you and your rights 24/7. Reach out to our caring staff today to schedule a conversation and make sure that your interests and safety are defended. 


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