Texas Drug Possession Law
Texas Drug Possession Defense
What you're facing under Tex. Health & Safety Code § 481.115, how the penalties scale, and the questions your attorney needs to answer, specific to Texas (TX) law.
Offense Class
State Jail Felony (under 1 gram); Third Degree Felony (1-4 grams); Second Degree Felony (4-200 grams); First Degree Felony (200-400 grams); Enhanced First Degree (400+ grams)
Maximum Penalty
2 years (State Jail); 10 years (Third); 20 years (Second); life (First/Enhanced)
Maximum Fine
$10,000 (State Jail/Third/Second/First); $250,000 (400+ grams)
Mandatory Minimum
Texas imposes a mandatory minimum of 5 years and $10,000 fine (200-400 grams); 10 years and $100,000 fine (400+ grams) for this charge. Charge reductions or alternative sentencing are questions worth raising before the plea is entered.
Penalty Range in Texas
Charge Enhancements
These factors can elevate the charge or penalty in Texas:
- Amount determines classification
- Drug-free zone (additional penalties)
- Prior convictions
Texas-Specific Detail
Penalty Group 1 includes cocaine, heroin, methamphetamine, oxycodone, and other serious controlled substances. Amount thresholds determine felony level.
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Important: This page provides legal INFORMATION about Texas drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.