Criminal Defense Attorney Explains Unlawful Possession of a Controlled Substance in Texas

Texas drug possession charges can lead to some of the country’s harshest penalties when it comes to controlled substances, with January 2025’s top three federal District Court judges for narcotics crime cases resulting in convictions all hailing from the Lone Star State.

Andrea Kolski is an award winning criminal defense attorney with over 25 years of trial experience and has helped countless clients overcome the longest odds. Still, it’s important to understand what lies ahead. Outcomes can range from dismissal or diversion to significant prison sentences, and many circumstances can escalate the case further, such as being caught in a drug-free zone or having prior convictions.

In summary:

• When it comes to unlawful possession of a controlled substance, Texas drug laws are stringent, often matching controlled substance penalties to specific thresholds.
• To successfully prosecute, the State must show that the individual had “knowing possession” of the substance, meaning they knew they had it and what it was.
• Receiving early legal help can often help you protect your interests, such as employment, or open the door to a stronger legal defense.

It’s essential to understand the full nature of your situation to avoid further trouble. With the right information, a local criminal defense attorney can help you evaluate your options, including potential defenses, which can be essential for reducing the punishment or even getting the case dismissed.

What Is the Punishment for Unlawful Possession of a Controlled Substance in Texas?

Texas possession laws make it clear that punishments depend heavily on the penalty group in which the specific crime falls. They also depend on the total mass, or “aggregate weight” of the mixture, including both the specific controlled substance and fillers.

Punishment ranges span from Class B and Class A misdemeanors up to first-degree felonies. Many of these can come with decades of prison time and extremely high fines in the most extreme cases.

You can even receive punishment for knowingly having under one gram of a substance. However, heavier weights can move things into the realm of first-, second-, or even third-degree felonies.

What Are the Penalty Thresholds in Texas

The penalty groups increase in scale depending on the mass of the material and the type of controlled substance found.

Penalty group 1 or 1B: These are drugs such as heroin, cocaine, or fentanyl. Being in possession of these will be a felony even at low weights, with increased penalties as the weight increases.

Penalty group 1A: For example, LSD. These use unit counts as punishment tiers, such as the number of doses.

Penalty group 2: These include hallucinogens and THC concentrates, and are a state-jail felony for possession of under 1g..

Penalty group 2A: These are synthetic cannabinoids. PG 2A tiers include misdemeanor tiers for very low quantities.

Penalty group 3 or 4: Some prescription drugs and codeine preparations. These start as misdemeanors when they are under 28g.

However, if you are in a drug-free zone, use a child in your sale, or endanger them while in possession, it can elevate the punishment severely beyond the above ranges.

What Is Considered a Controlled Substance in the Lone Star State?

In Texas, controlled substances are listed drugs in the Texas Controlled Substances Act, which generally adheres to the above penalty groups. An experienced Texas criminal defense lawyer will understand the nuances of the law and how it could be applied in your case. However, if you’d like to educate yourself, there are other details you can read in full in the act itself.

It is important to note that many prescription drugs are controlled, and you may not be aware of it. For example:

• Hydrocodone, otherwise known as Vicodin
• Alprazolam, also known as Xanax

If someone asks you to transport these for someone else, it is best to refuse.

Frequently Asked Questions (FAQ)

Do First-Time Drug Offenders Go to Jail in Texas?

It is possible to go to jail for first-time drug offenses in some circumstances. However, with a proper defense,  first-time offenders can receive lesser punishments, such as community supervision.

The exact court response depends on several factors such as the severity of the crime, the offender’s criminal history, and the skill and experience of the criminal defense attorney representing you.

However, it is essential to note that if you receive lesser punishments and get in trouble again , the courts are more likely to impose jail or similar penalties. An experienced criminal defense attorney can build an explanation that may keep further punishments from being incurred. Judges will weigh the risks, and if they believe you are likely to attempt to escape punishment, then they will be more strict about it.

How Many Grams Are Considered a Felony in Texas?

The charge can be a felony if the amount of the substance is under 1 gram and it is a Penalty Group 1 or 2 chemical. Having more of it then increases the likelihood further.

However, it is essential to note that, as mentioned above, the courts measure the amount of LSD you are in possession of in units, or doses, of the substance, not grams.

Is Xanax a Controlled Substance in Texas?

Yes.

Alprazolam, the active ingredient in Xanax, is a Penalty Group 3 controlled substance in the State. As such, without a prescription, possession may be a crime.

For this reason, if you ever stop taking Xanax and your doctor removes your prescription, you should return any unused medicines to a local pharmacy. There are also several other options available should you need them.

Can Drug Charges Be Dropped in Texas?

In short, yes, but it’s not simple or easy. The court sometimes dismisses charges when the evidence is suppressed or insufficient. For example, problems in a chain of evidence custody can cause a case to collapse, and this is the type of thing that an experienced drug defense lawyer would look for when defending you.

They would ensure that the State performs its due diligence by questioning when evidence is shaky, and by charging you only with what the police can incontrovertibly prove in court.

Take Immediate Action to Protect Your Record

When you are charged with unlawful possession of a controlled substance, you want to know that someone has your back who can advocate for your rights. That’s where an experienced drug possession lawyer can make all the difference. If weak links in a case, or illegal searches, mean that evidence is flawed or not presentable, an experienced drug lawyer will know what to look for and how to present it for your defense.

As a former Harris County Prosecutor with over 20 years of trial experience and having served as the President of the Montgomery County Criminal Defense Lawyers Association, criminal justice attorney Andrea M. Kolski has your back. As an experienced Montgomery county drug possession lawyer, Andrea has navigated the toughest cases and earned countless dismissals, reduced charges, and other positive outcome. When it comes to controlled substance charges, Andrea and her team at Nonstopjustice have the experience,knowledge, and skill to give you the best chance at success. If you or a loved one are facing controlled possession charges, don’t go it alone. Get an experienced, respected, and trustworthy drug possession lawyer on your side. Pick up the phone and contact Andrea and her team today to improve your chances of a better outcome.