Possession of Drugs


If there’s one thing Texas is known for, it’s their tough stance on drug crimes. The possession of drugs comes with varying degrees of punishment, and that is dependent on the penalty group associated with a drug. Offenders can end up spending years (and sometimes decades) in prison because of drug possession charges.

Knowing this, it’s important to retain zealous representation to fight off these charges. Obviously, the first thing we do is try to find a way to get your charges dismissed. If that doesn’t work, we try to get the best deal we can for you. It’s possible that taking your case in front of a jury might be the best option available.

People make mistakes. Our goal is to erase or at least minimize the damage incurred due to a mistake that Texas takes very seriously.


Drug Classifications in Texas

In Texas, there are 4 penalty groups (and 2 sub penalty groups) for controlled substances. Listed are the 4 penalty groups and their respective drugs that they apply to. 

Penalty Group 1

  • Cocaine and all its derivatives
  • Heroin and opium
  • Methamphetamine and amphetamine, including their salts, isomers, and salts of isomers
  • Gamma-hydroxybutyric acid (GHB) and its analogs
  • Ketamine and its isomers


Penalty Group 2

  • Hallucinogens, such as mescaline, psilocybin, and LSD
  • Synthetic cannabinoids, including compounds commonly known as K2 and Spice
  • MDMA (ecstasy) and related compounds
  • Cathinones, such as bath salts
  • Gamma-butyrolactone (GBL)
  • Phencyclidine (PCP)


Penalty Group 3

  • Anabolic steroids
  • Benzodiazepines, such as alprazolam (Xanax), diazepam (Valium), and lorazepam (Ativan)
  • Hydrocodone with less than 15 milligrams of codeine per dosage unit (such as Lortab and Vicodin)
  • Methylphenidate (Ritalin)
  • Barbiturates, including amobarbital, pentobarbital, and secobarbital
  • Carisoprodol (Soma) and its derivatives


Penalty Group 4

  • Compounds containing small amounts of narcotics, such as codeine or opium, in combination with non-narcotic substances and with a concentration of less than 200 milligrams per 100 milliliters or per 100 grams
  • Pyrovalerone and its analogs
  • Buprenorphine and its derivatives, when not listed in Penalty Group 3 or Penalty Group 1


Penalties for Drug Possession

The penalties for drug possession in Texas depend on the penalty group of the drug involved and the amount of the drug in possession. A judge will also factor in the amount of the controlled substance, whether or  not you had intention to sell, and other factors such as criminal history.

Here is a summary of the potential penalties for drug possession in Texas, broken down by penalty group:

Penalty Group 1: Possession of any amount of a Penalty Group 1 drug is a felony offense, which can result in imprisonment for 180 days to 99 years, a fine of up to $250,000, or both.

Penalty Group 2: Possession of any amount of a Penalty Group 2 drug is also a felony offense, which can result in imprisonment for 180 days to 20 years, a fine of up to $10,000, or both.

Penalty Group 3 and 4: Possession of any amount of a Penalty Group 3 or 4 drug is a misdemeanor offense, which can result in imprisonment for up to one year, a fine of up to $4,000, or both.


A Solid Defense for Drug Possession Charges at Davis, Ermis, & Roberts

If you have been charged with possession of drugs that fall into the above penalty groups, it is imperative that you get superior legal representation. The attorneys at Davis, Ermis, & Roberts have decades of experience when it comes to drug possession charges and are ready to provide you with the best defense possible. Give us a call today or fill out our online form to get the legal representation you deserve. 

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