Texas takes drug possession very seriously and places these crimes in the following six groups:
Penalty Group 4
Prescription medications fall into this penalty group. If someone is arrested in possession of an amount less than 28 grams of a qualifying drug, she will be charged with a Class B misdemeanor. The punishment will be a maximum $2,000 fine and a 180-day jail sentence. If she was in possession of more than 28 grams of the substance, she will be charged with a felony. Someone convicted of possession of more than 400 grams will receive a maximum fine of $50,000 and a prison sentence between 5 and 99 years.
Penalty Group 3
Group 3 is reserved for all opiates and opioids that are not listed as group 1 substances. You will be charged with a misdemeanor upon being arrested with small amounts of this substance. The maximum fine can be as much as $4,000, and the jail sentence will be up to one year. Possession of these substances becomes a felony if you have at least 28 grams. The maximum amount of prison time you could get is 99 years.
Penalty Group 2-A
Possession of 1 gram or less of a group 2-A substance is a "Class B misdemeanor." If you were arrested with between 1 and 4 grams, the charge becomes a "Class A misdemeanor." Anyone charged with possessing more than 4 grams will be charged with a felony.
Small amounts of a group 2-A substance may lead to a one-year jail sentence. If convicted for possession of more than 400 grams, the fine will be a maximum $10,000 with a prison sentence between 2 and 20 years.
Penalty Group 2
Possession of group 2 substances will lead to a felony charge. You only need to be convicted of carrying less than a gram to receive a maximum $10,000 fine. The judge will also give you a jail sentence between 180 days and 2 years. If you had more than 400 grams in your possession, the fine can be as much as $50,000, and the jail sentence will be between 5 and 99 years.
Possession of group 1-A substances will always receive felony charges. If convicted with possession of a small amount of the substance, you may receive a fine of up to $10,000. The jail sentence will be between 180 days and 2 years.
Those convicted with the highest amounts of the substance receive a maximum $250,000 fine and between 15 and 99 years in prison.
Possession of group 1 drugs will always be charged as felonies. If arrested with smaller amounts, you could receive a maximum $10,000 fine and a jail sentence between 180 days and 2 years. If the amount is larger, the fine could be up to $100,000 and the prison sentence could be between 15 and 99 years.
If you or a loved one have been arrested on charges of possession, contact us at Smith & Vinson.