How much is a possession charge in Texas?
Possessing controlled or illicit substances in the state of Texas is considered a crime, which is punishable by a fine, imprisonment or both. Texas classifies drugs into 4 different categories that each carry specific penalties.
If you or a loved one have been charged with a crime, contact experienced Houston drug crime defense lawyer Matt Sharp immediately to start working on your defense.
Penalties for illegal drug possession in Texas typically fall under the following categories (in order from least to most severe):
- First-time offenses involving possession of a controlled substance Texas may or may not involve a lenient punishment. In all group classifications of illegal drugs, the court may increase an individual’s penalty if the possession occurred in drug-free zones. These areas include being within 1,000 feet of an elementary or secondary school or a daycare facility.
The classification includes the following drugs:
Group 1 | State Jail Felony (less than 1 gram) |
Group 2 | 3rd-degree Felony (1-4 grams) |
Group 3 | 2nd-degree Felony (4-400 grams) |
Group 4 | 1st-degree Felony (more than 200 but less than 400 grams) |
Possessing bottle caps, hollowed-out pens, needles, or any other paraphernalia associated with meth carries a fine of up to $500.
Illegal drugs in this category include lysergic acid diethylamide (LSD). Under Section 481.1151 of the Texas Health and Safety Code, possessing less than 20 units of a group 1-A substance is a state jail felony. Possessing 20 to 80 units is a 3rd-degree felony. Possessing 80 to 4,000 units is a 2nd-degree felony. Caught with 4,000 to 8,000 units is considered a 1st-degree felony.
Illegal substances in this classification include:
Group 2
According to the Texas Health and Safety Code: Section 481.116, possessing less than 1 gram of the substance is considered a state jail felony. Possessing at least 1 to less than 4 grams of a group 2 substance is considered a 3rd-degree felony. Having 4 to less than 400 grams of the substance is considered a 2nd-degree felony. Having more than 400 grams of a substance in this category is a 1st-degree felony.
Illegal possession of drugs in this category include:
Group 3
According to Section 481.117, possession of Xanax or other group 3 substances of less than 28 grams is considered a Class A misdemeanor. Possessing 28 to less than 200 grams of a group 3 substance is considered a 3rd-degree felony. Getting caught in possession of 200 to less than 400 grams of a substance in this category is considered a 2nd-degree felony. Possessing 400 grams or more of a group 3 substance is a 1st-degree felony.
Illegal drugs in this category include opiates and opioids not listed in groups 1 or 3. The classification also includes various chemical compounds and prescrip.
What is the statute of limitations on drug charges in Oklahoma?
Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual. This allows police and the prosecutor sufficient time to determine if probable cause exists. Then to formally charge someone with a drug crime. Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable cause. Drugs must go to a lab for analysis before there is confirmation that a drug is an illegal substance. If the charge isn’t brought within a certain time the criminal statute of limitations may apply.
Whether the drug charge is a misdemeanor possession or felony possession, the state has three years to press charges. However, this three year statute of limitations period is not effective when the person is not a resident of Oklahoma or is outside the state of Oklahoma. This means that you essentially need to remain in the state of Oklahoma for the three years. Once you leave the state, the counting towards those three years statute of limitations in Oklahoma ends. It restarts upon your return. It is often much easier to determine that marijuana is in fact marijuana. So charges for marijuana possession might occur much quicker once the prosecutor has probable cause. On the other hand, with cocaine, methamphetamine and other controlled substances, it could take a very long time.
If someone receives charges of felony possession, it is best to contact an experienced criminal defense attorney. If you ignore the possibility of the charge, you may be setting yourself up for trouble. Ignoring a potential charge will only make the charge more serious if you in fact end with charges of the crime. By seeking legal advice early on, the attorney can prepare you for what to expect, what you should do in the meantime to stay out of trouble. The attorney can also perhaps negotiate the drug possession charge down to a lesser charge if the client takes care of the issue right away. Prosecutors are likely to negotiate some sort of deal for individuals without criminal records, giving them a second chance to avoid breaking the law in the future.
Because it is always unclear as to when you may be charged with a drug possession crime, it is best to lay low, stay out of trouble and show that you are of good moral character and are capable of rehabilitation without jail time or hefty fines. Many people believe that if they haven’t been charged six months after being arrested for suspected possession, that they are in the clear and no charges will ever be brought. Unfortunately, the law is not always clear. Oklahoma citizens would likely not know what the statute of limitations period is without researching it themselves. Hopefully, this information will help you or a family member prepare for what could be a stressful time. However, with the help of an attorney, the stress will be much less than it would normally be.
A statute of limitations for criminal acts intends to protect people like you.