The stakes are always high when it comes to drug charges in the Lone Star State — but with felony drug charges in Texas, your life is almost always on the line. If you or a loved one are facing felony drug charges in Texas, whether for possession or distribution, you need to find an attorney you can trust, fast.

Mark Thiessen, Houston felony drug possession attorney with years of experience winning cases for his clients, is here to tell you all about drug charges in Texas, including when they’re escalated to felonies, as well as what you can do if you’re charged.

Facing felony charges and need help? Call Thiessen Law Firm today at (713) 864-9000 and begin defending your life. 

What is the most common criminal illegal drug charge?

The most common illegal drug charge in Texas is drug possession. The most common drugs involved in possession charges in Texas include controlled substances like marijuana, cocaine, methamphetamine, heroin, and prescription medications without a valid prescription. 

Drug possession charges happen so frequently in Texas because they often arise during traffic stops, and because Texas doesn’t take a very forward-thinking position on drug possession; while you might be looking at a traffic ticket for possession of personal amounts of drugs in much of the country, Texas still prosecutes down to the fraction of a gram. 

Is drug possession a felony in the US?

Drug possession charges can result in felony convictions across the United States, with Texas imposing particularly strict penalties. However, the severity of these charges depends on several key factors in each case, such as:

  1. The type of drug possessed. On both the federal and the state levels, drugs are classified into schedules or penalty groups which determine how dangerous they are and how severe penalties for possession are. 
  2. The quantity possessed. As a rule, the more drugs you have the more likely it is to be a felony. 
  3. The state’s laws. Oregon, Washington, and California, as some states in which personal quantities of many drugs are no longer prosecuted. Texas, on the other hand, has some of the strictest drug laws in the country. 
  4. Prior convictions for drug offenses. Repeat offenders often face harsher penalties, including escalation to felony charges for possession charges that might otherwise be misdemeanors.

These factors apply to charges in any state in the nation — let’s take a closer look at some of the specific factors that make drug charges felonies in Texas. 

What makes drug charges felony drug charges in Texas?

So, as a general rule of thumb, drug charges are more severe the more dangerous the drug, the more drugs you have, and the more prior drug offenses you have — but when specifically are drug charges felonies in Texas?

  • Possession of Penalty Group 1 or Penalty Group 2 drugs in Texas are always felonies. Penalty Groups 1 and 2 contain drugs like cocaine, MDMA, heroin, LSD, and magic mushrooms. 
  • Possession of more than four ounces of marijuana is a felony in Texas. While many counties in Texas have stopped prosecuting for small amounts of marijuana, possession of four or more ounces is still a state jail felony. 
  • Possession of any drugs with intent to distribute is a felony in Texas. No matter how small an amount of drugs you possess, if you are caught with scales, baggies, or other evidence that suggests you intend to distribute them, you will be charged with a felony in Texas. 

As you can see, felony drug charges for first-time offenders are not uncommon in Texas. Whether you’re arrested for cocaine* or LSD possession, if you’re caught with a Penalty Group 1 or Penalty Group 2 drug in the Lone Star State, you’re automatically looking at felony charges and potential jail time. You can even expect felony charges for possession of mushroom chocolate bars in Texas, where a candy bar purchased from the corner store can land you with a charge for criminal possession of psilocybin.

*Continue reading: How much cocaine is a felony in Texas?

List of drug charges and sentences in Texas

The exact punishment you’ll be facing for felony drug charges is determined by the Texas Controlled Substances Act, where sentencing guidelines are laid out. Here’s an overview of some more common charges and penalties for felonies: 

OffensePenalty Group and AmountChargeJail timeFine
Possession> 4 ounces marijuanaState jail felony180 days – 2 yearsUp to $10,000
Possession> 5 pounds marijuanaThird-degree felony2 – 10 yearsUp to $10,000
Possession< 1 gram Penalty Group 1 or 2State jail felony180 days – 2 yearsUp to $10,000
Possession1 – 4 grams Penalty Group 1 or 2Third-degree felony2 – 10 yearsUp to $10,000
Possession4 – 200 grams Penalty Group 1 or 2Second-degree felony2 – 20 yearsUp to $10,000
Possession200 – 400 grams Penalty Group 1 or 2First-degree felony10 – 99 years or life in prisonUp to $100,000
Manufacture and delivery< 1 gram Penalty Group 1 or 2State jail felony180 days – 2 yearsUp to $10,000
Manufacture and delivery1 – 4 grams Penalty Group 1 or 2Second-degree felony2 – 20 yearsUp to $10,000
Manufacture and delivery4 – 400 grams Penalty Group 2First-degree felony10 – 99 years or life in prisonUp to $100,000

If you’re arrested under suspicion of drug trafficking in Texas, penalties can be even more severe. Being caught with higher quantities of dangerous drugs, especially when moved across state lines, means running the risk of getting the federal government involved — which means even longer trials, investigations, and even higher stakes. 

How to beat first-time felony drug possession charges in Texas

Although your specific defense will depend on the circumstances of your case, hiring a lawyer who knows how to beat a felony drug charge will give you the best possible odds. Some common defenses to drug possession include:

  1. Unlawful search and seizure. If law enforcement violated your Fourth Amendment rights during the search, any evidence obtained may be inadmissible in court.
  2. Lack of knowledge = lack of possession. Your lawyer may argue that you were simply unaware of the presence of the drugs or that the drugs belonged to someone else.
  3. Entrapment or duress. Although it may seem farfetched, people who end up with lots of drugs often do so out of fear for their lives. If you ended up with drugs solely in the interest of protecting yourself, there is a chance you shouldn’t be charged for it. 
  4. Lack of evidence. Issues such as improper handling, contamination, or loss of evidence can weaken the prosecution’s case. Sometimes it really is as simple as the prosecution not having enough to convict you. 

Can you get probation for a felony drug charge in Texas?

Probation, also known as community supervision, allows those accused of criminal charges to avoid incarceration by meeting specific conditions set by the court. Probation is possible for felony drug charges in Texas, but eligibility will depend on the circumstances of the case and your criminal history. Some of the conditions the court may require include:

  • Regular drug testing
  • Drug rehabilitation or education programs
  • Community service hours
  • Mandatory check-in sessions

Your attorney may also be able to cut a deal or argue your charges down, allowing you to secure deferred adjudication or other alternative sentencing programs. 

Fight your felony drug charges with Thiessen Law Firm

Beating felony drug charges in Texas is tough — but it’s not impossible. If the judge has yet to rap their gavel you can still fight another day to protect the future that is currently on the line. The good news is that you don’t have to go at it alone; hiring an experienced and aggressive drug lawyer in Houston, TX can put an advocate in your corner and help ensure your rights are protected in court. 

Thiessen Law Firm made our name by taking complex cases to court and winning them for our clients in high-stakes cases. If you need a miracle, you need to call Mark Thiessen from Thiessen Law Firm. Give us a call today at (713) 864-9000 or contact us online and live to fight another day.

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Thiessen Law Firm

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.