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Fuller Criminal Defense
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2024 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Is drug possession a felony or misdemeanor?

Drug possession charges in Texas can lead to severe legal consequences. The classification of the charge as either a felony or misdemeanor significantly impacts the penalties and legal outcomes. A drug charge can negatively impact a person’s life that is why understanding these classifications and knowing what to do if charged is crucial.

Penalties for a drug possession charge

In Texas, the classification of drug possession as a felony or misdemeanor depends on the type and amount of the controlled substance.

Possession of small amounts of less dangerous drugs often results in misdemeanor charges. Misdemeanors carry lighter penalties, such as fines of up to $2,000 and jail sentences of up to one year. For instance, possessing less than two ounces of marijuana is a Class B misdemeanor.

Conversely, possession of larger quantities or more dangerous substances like cocaine, methamphetamine, or heroin typically leads to felony charges. Felony drug possession carries harsher penalties, including longer prison sentences and higher fines.

For instance, possessing less than one gram of a controlled substance in Penalty Group 1 (which includes cocaine) is a state jail felony, punishable by 180 days to two years in state jail and fines up to $10,000. Higher quantities can lead to more severe felony charges with lengthier prison terms and steeper fines.

Facing drug possession charges

Facing drug possession charges in Texas requires a thorough understanding of the legal system and a strategic defense. Remember to refrain from discussing your case without your legal counsel present. Aside from protecting your rights, a legal professional may guide you through the process and negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options.

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