Person can be handcuffed when arrested for drug charges

If you have never been arrested on drug possession charges, then navigating the system of fines and jail sentences can be tricky. The higher the level of drugs found at the time of arrest, the more severe the charge. Ultimately, most drug possession charges come with a jail sentence and fine. These will vary based on the type of drugs. This article will highlight the different levels of drug possession charges in Texas.

Drug Possession Charges – Group One Penalties

Common drugs that are classified as controlled substances are cocaine, heroin, meth, morphine, oxycodone, GHB, and ketamine. The levels of drug possession charges depend on the amount of the drug the person has on them. If the amount is less than one gram, it is considered a state jail felony with a fine of less than $10,000. If 1-4 grams is in possession, this is a third-degree felony with a wide range of possibilities for jail time and less than $10000 fine. Possessing 4-200 grams of a controlled substance is a second-degree felony. Possessing 200-400 grams is a first-degree felony. Both of these come with similar jail sentences and fines of up to $10,000 or up to $100,000, respectively. More than 400 grams can result in a lifetime prison sentence, or a term of 10-99 years with up to a $250,000 fine.

Other Possession Charges – Marijuana

The smallest charge for marijuana possession is for having less than 2 ounces. This will result in a class B misdemeanor charge, which means there may be some jail time in a county jail and a fine up to $2000. Possessing 2-4 ounces of marijuana is a class A misdemeanor, which constitutes more jail time and a higher fine. A state jail felony and fine will accompany possessing 4 ounces to 5 pounds of marijuana. Possession of 5-2,000 pounds of marijuana is a degree felony with the severity determined by the amount found on the person. Lastly, any person with over 2,000 pounds of marijuana can potentially receive a lifetime sentence of prison time and a fine of up to $50,000.

Other Drug Possession Charges

Of course, there are hundreds of drugs that are not as common but come with their own possession charges.  For example, Penalty group 2 substances are often hallucinogenic substances like THC, BZP, and other amphetamines.  Penalty group 3 substances are often stimulants or depressants such as Ritalin, Xanax, or even barbiturates.  These drug charges follow the same schedule as controlled substances and marijuana.  The more of the drug you have, the more severe the charge is going to be. The more severe the crime, the higher the fine and the longer the jail sentence.


If you need help with drug possession charges, then Stephen Bowling Law Firm has the attorneys you can trust. Our lawyers have been serving the Austin area for decades.  Whether you were arrested for first-time marijuana possession or were charged with a felony for controlled substance possession, our 24/7 services are available.  If you are interested in a free consultation, you can request one on our website or by calling 512-599-9000.

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816 Congress Ave, Suite 950
Austin, Texas 78701

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San Antonio, Texas 78205