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Drug Possession Penalties

Texas has some of the toughest laws in the country pertaining to the sale, distribution and possession of controlled substances and narcotics. Simple possession of certain prohibited substances can result in a loss of freedom, fines and suspension of your driver’s license.

Punishment for Simple Drug Possession in Houston

The penalties imposed by a judge for conviction of possession of depend upon the type and quantity of the substance involved. Texas categorizes drugs into four penalty groups with the most severe penalties imposed for possession of the substances in penalty group one. Following are the penalty groups and the substances included in each group:

Possession of Drug Penalties in Texas by Penalty Group

Penalty Group One substances have the most severe penalties. Conviction of possession of drugs in this group might result in a state jail felony and a sentence of six months to two years and a $10,000 fine. Possession of larger amounts of the drugs can result in a prison sentence of 10 years to 99 years and fines up to $100,000.

Possession of Penalty Group Two drugs can lead to sentences ranging from fines of $10,000 to $50,000 and incarceration periods from six months to 99 years. As with Penalty Group One violations, the severity of the sentence depends upon the amount of drug possessed.

Conviction of possession of a Penalty Group Three and Penalty Group Four drugs have similar penalties associated with them. Convictions start as a class A misdemeanor with $4,000 in fines and a one year sentence in a county jail and extend to a felony of the first degree and 99 years in state prison.

Consequences for Possession of Marijuana

Marijuana does not fall into any of the penalty groups. It is treated as a separate category of offense. Depending on the quantity possessed, the penalties range from probation and completion of a drug treatment program to 180 days in jail.

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Case Results
  • DWI - Harris County
    Young man seen leaving nightclub by a police officer. Client takes and fails field sobriety tests and breathalyzer test.
    Not guilty
  • Possession of Marijuana- Harris County
    Client set for trial on two possession of marijuana cases. Client admits to owning all marijuana in the vehicle on video. Motion to suppress granted.
    Cases dismissed
  • DWI - Harris County
    Client found passed out behind the wheel of a car by police officer after crashing into a light post.
    Case dismissed
  • Solicitation of Prostitution - Matagorda County
    Prison guard arrested for soliciting an undercover police officer. All was captured on audio recording.
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