Posted on 8/22/22

Texas prosecutors take drug possession crimes seriously. Depending on the amount of controlled substance involved, defendants can face over a year of jail time if convicted. The penalties for drug possession depend on multiple factors, including the type and quantity of the controlled substance. According to the Texas Controlled Substances Act, there are four penalty groups, with group one being the most serious and severe drugs. The more serious the drug and the higher the quantity, the harsher the penalties.

Penalty Group 1

Penalty Group 1 drugs are the most dangerous and addictive. You will face the harshest penalties if you are convicted of possessing a Penalty Group 1 substance. For example, possessing less than a single gram of a Group 1 drug carries a jail sentence between six months and two years and a fine of up to $10,000. Possession of 200-400 grams results in a prison sentence between five and 99 years. Penalty Group 1 substance include:

  • Methamphetamine

  • Cocaine

  • Opioid, including painkillers like codeine, hydrocodone, and oxycodone

  • LSD

  • Ketamine

  • Heroine

Penalty Group 2

Penalty group two substances are less dangerous but still potentially dangerous and highly addictive. This group includes psychedelic mushrooms, amphetamines, ecstasy, and PCP. Possession of over 400 grams of a Penalty Group 2 controlled substance is still a first-degree felony with a prison sentence between five and 99 years and a fine of up to $50,000.

Penalty Group 3

Penalty group three substances typically have a depressant or stimulant effect. This group includes Valium, anabolic steroids, Ritalin, and benzodiazepines. If you are convicted of possessing fewer than 28 grams of a penalty Group 3 controlled substance, you will face a Class A misdemeanor, up to a year in county jail, and a fine of up to $4,000. The possession of over 400 is a first-degree felony with a prison sentence of five to 99 years and a fine of up to $50,000.

Penalty Group 4

Penalty Group 4 includes many different controlled prescription medications that have the potential to be abused and can be addictive. Opioid derivatives are included in Penalty Group 1. The penalties for Penalty Group 4 are still serious and range from six months in jail to a life sentence for the possession of over 400 grams.


Under Texas law, marijuana is in a special category. Even though many states have legalized marijuana, Texas has not. It is still a state and federal crime to possess any amount of marijuana. Most of the time, if you are charged with possession of marijuana, you will receive a misdemeanor charge. If you are in possession of large quantities of marijuana, the penalties will be more serious. 

Discuss Your Drug Possession Case with a Criminal Defense Attorney

Have you been charged with possessing a controlled substance in the Dallas-Fort Worth area? If so, you need an experienced criminal defense attorney on your side. Contact Abel Law Firm today to schedule an initial consultation and learn more about how we can fight for your rights.

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Phone: 972.584.7837

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