Drug charge felony in the state of texas

A lengthy prison sentence is always a possibility in any drug case.


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  • Factor #1: The Type and Amount of the Drug.
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If you get arrested, a defense attorney is crucial. Your defense attorney may suggest rehab for clients who have been charged with possession of drugs. This may possibly convince the judge to reduce the sentence their client is facing. Texas is serious about illicit drug use. The possible charges for possession of a controlled substance, marijuana or any other drug included, can lead to serious crimes.

The charges may also be impacted by whether the person was around minors when they had the drugs on them. There are other circumstances that can make the possession a more serious offense. For small amounts of certain drugs, the person may be charged with a class A, B or C misdemeanor. Larger amounts can lead to a felony charge. In Texas, this means a state jail felony, a 3 rd -degree felony, a 2 nd -degree felony, or a 1 st -degree felony, with the 1 st -degree felony being the most serious charge.

In Texas, drug penalties are separated into different penalty groups depending on the type of drug in question by the Texas Controlled Substances Act. The penalty groups include 1, 1-A, 2, 3, and 4. The Controlled Substances Act is the guide to each penalty group, the specific drugs that fall under that group, how to add new drugs to a penalty group, and every other detail of the possible drug charges, including what charge applies for any drug arrest.

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Texas Drug Laws: A Breakdown of Controlled Substances | The Right Step

This is incredibly detailed to ensure everything is covered and properly explained through the Texas statutes. Group 1 drugs include opiates and related drugs. This, unless otherwise noted, includes opium, opium derivatives, and cocaine. Common drugs include codeine, heroin, morphine, oxycodone, and methadone. For this group, less than 1 gram is considered a state jail felony, 1 to 4 grams is a 3 rd degree felony and 4 to grams is a 2 nd degree felony. Penalties for this group are determined by the number of units of the drug the person was arrested for having.

Above 80 but less than 4, units leads to a 2 nd -degree felony. Penalty group 2 includes hallucinogenic substances such as mescaline, methamphetamine, Tetrahydrocannabinols THC , and related controlled substances. The potential penalties can vary, depending on the amount a person is caught with. Less than 1 gram is considered a state jail felony. Between 1 gram and 4 grams is a 3 rd degree felony and between 4 grams and grams is a 2 nd degree felony.

Is Drug Possession a Felony in Texas?

In Texas, marijuana is not legal at all and the penalties can be harsh for the possession of marijuana. Currently, CBD oil with very low amounts of THC is allowed for those with a medical need for treating epilepsy, but it is extremely difficult for anyone to obtain this. Additionally, there is a form of CBD oil sold locally in shops and online that is made from hemp instead of cannabis.


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This is legal because it does not contain any THC. CBD oil made from Marijuana is still highly illegal in Texas unless you qualify under the very limited medical marijuana law currently in effect.

Felony Drug Possession

Anyone caught with marijuana faces jail and or a fine. Possession of marijuana charges are based on the amount of marijuana the person has when they are caught. It does fall under penalty group 2 and there are currently very few exceptions for CBD oil as mentioned previously. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means.

While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law s you are researching.

Basic Definitions

Maybe you were caught with possession of cocaine while driving in your car. Or perhaps you had a controlled substance on your person while walking down the street. Get in touch with a skilled drug crime lawyer in Texas today to learn more about the state's drug possession laws, how they apply to your case, and the possible defenses available to your specific situation.

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Popular Directory Searches. Texas Drug Possession Laws. Top Headlines U. Thank you for subscribing! Created by FindLaw's team of legal writers and editors. Lack of knowledge that the defendant was in possession of the controlled substance. The drug was not intended for human consumption. The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act; or The drug has been approved for investigational use under the Federal Food, Drug, and Cosmetic Act and the defendant's conduct was in accord with that exemption.