drug possession
drug possession

A Guide to Drug Possession Charges in Texas


If you’re arrested for drug possession in Texas, hire a law firm experienced in defending drug crimes.

Possession and distribution of controlled substances in Texas can result in serious punishment. Texas gives more severe penalties for possession and trafficking than some other states.

If you’re charged don’t go it alone. Call a Texas drug crimes lawyer to handle your case.

Texas Statutes on Drug Possession

The Texas statutes on are extensive and complicated. This article presents a brief overview of the laws and the penalties for controlled substances, marijuana, and alcohol.

Three things determine the offense level in a drug possession case:

Type of Drug

The state classifies drugs into penalty groups. There’s a special group for marijuana.


The amount of drugs determine if it’s a misdemeanor or felony crime.

Aggravating Circumstances

A factor like a drug-free zone or the intent to deliver will increase the punishment range.

Manufacture or Delivery of Controlled Substances

The minimum punishment for manufacture or delivery is a jail term between 180 days and two years, plus a fine up to $10,000.

The maximum punishment for delivery of a controlled substance is confinement in a Texas Department of Corrections (TDC) facility for 15 to 99 years. The accompanying fine can be up to $250,000.

Possession of Controlled Substances

If you’re charged with possession of a controlled substance your minimum punishment is up to than 180 days in jail, a fine up to $2,000, or both.

The maximum punishment for possession is detention in TDC for 10 to 99 years and a fine up to $250,000.

Delivery or Manufacture of Marijuana

The minimum penalty for conviction of delivery or manufacture of marijuana is up to 180 days in jail, a fine up to $2,000, or both.

The maximum punishment is confinement in TDC for 10 to 99 and a fine not to exceed $100,000.

Possession of Marijuana

The minimum punishment for possession of marijuana is a jail term up to 180 days, a fine up to $2,000, or both.

The maximum punishment for marijuana possession is incarceration in TDC for 5 to 99 years and a fine up to $50,000.

Driving While Intoxicated by Drugs, Alcohol or Both

Confinement in jail for 72 hours to 180 days and a fine of no more than $2,000 is the minimum penalty for driving while intoxicated in Texas.

The maximum punishment is imprisonment for 2 to 10 years and a fine up to $10,000.

Public Intoxication

The minimum punishment for public intoxication is a fine up to $500.

Purchase of Alcohol by a Minor

If a minor purchases alcohol the minimum punishment is a fine up to $500.

Consumption or Possession of Alcohol by a Minor

The minimum penalty for alcohol possession or consumption is not to exceed $500.

Providing Alcohol to a Minor – Class A Misdemeanor

If someone provides alcohol to a minor the punishment is a fine up to $4,000, or up to a year in jail, or both.

Hire an Experienced Houston Lawyer

A review of Texas drug possession laws makes it clear that a conviction often results in jail time.

Don’t fight allegations by yourself. Contact Vinas & Graham, PLLC if you face any of these charges:

  • Driving While Intoxication (DWI)
  • Driving Under the Influence (DUI)
  • Drug Possession
  • Drug Delivery

Schedule a consultation with the experienced Houston lawyers of Vinas & Graham, PLLC today. We’re ready to handle your case.

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