In Texas, it is illegal to possess a controlled substance without a valid prescription. If you are found to be in the possession of a controlled substance without a valid prescription, you could be charged with a felony or a misdemeanor.

The penalties for drug possession in Texas can be severe, so it is important to speak with an experienced criminal defense attorney if you are facing drug charges.

What are the Penalties for Drug Possession in Texas?

The penalties for drug possession in Texas vary depending on a few factors. The type of drug, the amount of the drug that is possessed, the person’s criminal history, and the circumstances of the arrest can all contribute to the severity of the charges and penalties. 

With the changing landscape of marijuana laws across the United States, it is important for marijuana users to stay informed about the specific regulations that may apply in the state where they live or when visiting other states. In Texas, the possession and use of marijuana is still illegal under state law, including tetrahydrocannabinol (THC), which is the psychoactive compound found in cannabis. Understanding the laws surrounding THC can help individuals address drug charges, and with the help of a criminal defense attorney, they can determine the steps they can take to minimize the potential legal consequences they may face.

Marijuana Possession Charges in Texas

In Texas, the recreational use of marijuana is prohibited by law. Possessing any amount of marijuana can result in criminal charges. The specific charges may range from a misdemeanor to a felony offense depending on the quantity involved. 

Under the Texas Controlled Substances Act, possession of two or fewer ounces of marijuana plants is classified as a Class B misdemeanor with potential penalties of up to 180 days in jail and/or a fine of up to $2,000. Possession of more than two ounces but less than four ounces escalates the offense to a Class A misdemeanor with possible imprisonment for up to one year and/or fines reaching $4,000.

There are multiple types of drugs that are classified as controlled substances, and there are numerous reasons why people in Texas may face drug charges related to the possession or distribution of these substances. In recent years, many drug offenses have been related to methamphetamines, which are regarded as some of the most dangerous and addictive types of drugs. Because of these concerns, those who are accused of possessing, selling, distributing, or manufacturing methamphetamines may face severe penalties if they are convicted. If you have been accused of drug offenses related to meth, an experienced criminal defense attorney can advise you of your options and help you determine how to minimize the potential penalties you may face.

Methamphetamine Offenses in Texas

The Texas Controlled Substances Act classifies methamphetamines in Penalty Group 1. This categorization places meth among the most dangerous and harmful types of illegal drugs. The specific offenses related to methamphetamines may include:

• Possession of methamphetamines - Because methamphetamines are considered to be so dangerous, possession of any amount of these drugs can carry severe criminal penalties. The charges and penalties vary based on the quantity of methamphetamines. Possession of less than one gram is a state jail felony, and a conviction carries a minimum sentence of six months and a maximum sentence of two years. Possession of one to four grams is a third degree felony with a sentence of two to 10 years, while possession of four to 200 grams is a second degree felony with a sentence of two to 20 years.

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After you are arrested for a crime, there is a record of that arrest that can follow you around for the rest of your life. A criminal history can make it difficult, if not impossible, to get a job, rent an apartment, be accepted into college, or take out a loan. This can be especially problematic if you have been arrested on charges related to marijuana. Even though marijuana is considered by most people to be a non-harmful drug, and it has been legalized in some states, it is still an illegal substance in Texas. Arrests, charges, or convictions for marijuana possession or distribution can create a permanent black mark on your record.

Fortunately, in some cases, you may be able to have your record "expunged," which means that an arrest or a criminal charge will be erased from your criminal history. If you are concerned about how a marijuana arrest may affect your future, you will want to understand whether expunction will be a solution that will allow you to clear your record.

Requirements for Expunction in Texas

To be eligible for an expunction in Texas, you must meet certain criteria. Expunction is generally an option if you were not convicted of a crime. For example, you may be eligible for an expunction if you were arrested but never charged with a crime or if you were found not guilty or your case was dismissed. You may also receive an expunction if you were convicted of a crime, but you later received a pardon.

In most cases, criminal charges related to illegal drugs will involve accusations that a person was in possession of controlled substances. However, there are other items that may also be related to drugs, including manufacturing equipment, packaging materials, or devices used to consume drugs, and possession of these items may also lead to criminal charges. For those who are involved in criminal cases related to drugs, it is important to understand how the laws in Texas address the possession of drug paraphernalia.

What Is Drug Paraphernalia?

Under Texas law, drug paraphernalia may include any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, processing, packing, injecting, ingesting, or inhaling controlled substances. In general, anything that can be used to cultivate, package, or consume illegal drugs can be considered drug paraphernalia. Common examples include bongs and pipes used for smoking marijuana or methamphetamine pipes. Other examples include syringes and needles used for injecting drugs like heroin. Devices used to package and distribute drugs may also be considered paraphernalia, such as scales and other measuring devices used to weigh drugs or baggies used to package and distribute substances. 

It is important to note that even items that are not specifically designed for use with illegal drugs can still be considered drug paraphernalia under Texas law. For example, a regular kitchen spoon can be considered drug paraphernalia if it is being used to cook methamphetamines. Likewise, an otherwise innocuous piece of paper can be considered drug paraphernalia if it is being used to roll marijuana joints. While these items would not usually be considered paraphernalia on their own, possession of drugs alongside certain items may result in charges related to paraphernalia being added to other drug charges.