Could I Be Charged with a Felony for Drug Possession?

 Posted on October 04,2024 in Criminal Defense

Across the United States, there are 244,000 Americans sent to prison each year for a drug-related crime, and 26 percent of all arrests in the nation are for drug-related offenses. Texas is well-known for its harsh penalties, even for possession of relatively small amounts of a controlled substance. The specific charges and penalties related to drug possession in Texas will depend on the specific drug and what penalty group the drug falls under.

In some cases, you could be charged with a felony offense for possession of less than one gram of a controlled substance. Drugs are categorized into Penalty 1, 1A, 1B, 2, 2A, 3, and 4. Marijuana is in its own separate category. If you are facing felony drug possession charges, it is essential that you contact a Fort Worth, TX drug possession lawyer from The Dameron Law Firm.

What Are the Texas Penalty Groups?

The drugs included in the penalty groups include, but are not limited to:

• Penalty Group 1 – ketamine, Fentanyl, GHB, methamphetamine, cocaine, crack, oxycodone, opium, methadone, hydrocodone (over 300 grams)

• Penalty Group 1A – LSD

•  Penalty Group 1B – Fentanyl

• Penalty Group 2 – Hallucinogens, central nervous system depressants, MDMA, bath salts, Adderall, PCP, mescaline, Psilocybin, analogs of penalty group 2 drugs

• Penalty Group 2A – Synthetic cannabinoids or marijuana, including spice and K2

• Penalty Group 3 – Ritalin, Xanax, benzos, and other stimulants and depressants

• Penalty Group 4 – Narcotics, including codeine and morphine

When Could You Be Charged With a Felony for Drug Possession of Less Than One Gram?

• Charges for possession of less than one gram of a Penalty Group 1 drug are state jail felony charges. Penalties can include from 180 days to two years in a Texas state jail and/or a fine of up to $10,000.

• Penalty Group 1A only includes LSD because it is sold by the dose rather than weight. The lowest level offense in Penalty Group 1A is possession of fewer than 20 units, which is a state jail felony and, upon conviction, can result in 180 days to 2 years in a state jail and a fine up to $10,000.

• Penalty Group 1B also only has one drug, which is Fentanyl, along with Fentanyl isomers and analogs. Possession of under one gram of Fentanyl is a state jail felony, with punishments from 180 days to two years in state jail and a fine of up to $10,000.

• Possession of less than one gram of a Penalty Group 2 drug carries penalties of 180 to two years in state jail, and a fine as large as $10,000.

Possession of a 2A drug is a Class B misdemeanor for less than two ounces and a Class A misdemeanor for more than two ounces but less than four. Possession of less than 28 grams of a drug from Penalty Groups 3 or 4 is also a misdemeanor until possession exceeds 28 grams. A conviction on a drug possession charge will also result in a six-month driver’s license suspension if you are over 21 or a one-year license suspension if you are under 21.   

What Are the Most Common Defenses to Drug Possession?

The defense your attorney will use depends on the specific facts and circumstances surrounding your arrest. Some of the most common drug possession defenses include:

• Unlawful search and seizure

• The drugs were not yours – they belonged to someone else.

• The substance you are accused of being in possession of is not the drug it appears to be.

• The actual drugs produced by the prosecution are not equal to the amount you are being charged with.

• Your Constitutional rights were violated.

Contact a Tarrant County, TX Drug Possession Lawyer

If you have been charged with drug possession in Texas, The Dameron Law Firm can advocate on your behalf for the best outcome possible. We will leave no stone unturned in our efforts to build a solid legal strategy for you. When you hire a Fort Worth, TX drug possession attorney to represent you, you have taken an important first step. Attorney Craig Dameron strives to prevent Texas residents from facing the harsh penalties the state often imposes. Contact The Dameron Law Firm at 817-222-0624 to schedule your free consultation.