Texas Drug Possession Laws: What You Should Know About Charges and Penalties

Drug possession charges in Texas are serious and can have life-changing consequences. Whether it’s marijuana, prescription drugs, or controlled substances like cocaine or meth, Texas has some of the toughest drug laws in the country. Understanding the law and knowing your rights is essential if you or a loved one is facing drug charges.

At The Law Office of Silverio Martinez, we are committed to protecting your freedom and helping you navigate the Texas legal system.

What Counts as Drug Possession in Texas?

Under Texas law, drug possession means you knowingly or intentionally had control over a controlled substance. This can apply if:

Drugs were found on your person (pockets, clothing, etc.).

Drugs were discovered in your vehicle or home.

Law enforcement argues that you had constructive possession (meaning you had access to and control over the drugs, even if they weren’t physically on you).

Even small amounts of a controlled substance can lead to criminal charges.

Penalties for Drug Possession in Texas

The penalties depend on the type of drug and the amount found. Texas classifies drugs into different penalty groups under the Texas Controlled Substances Act.

1. Marijuana Possession

Under 2 ounces: Class B

misdemeanor, up to 180 days in jail,

and a $2,000 fine.

2–4 ounces: Class A misdemeanor,

up to 1 year in jail, and a $4,000 fine.

Over 4 ounces: Felony charges, with

potential prison time.

2. Prescription Drug Possession

The penalties depend on the type of drug and the amount found. Texas classifies drugs into different penalty groups under the Texas Controlled Substances Act.

3. Hard Drugs (Cocaine, Meth, Heroin, etc.)

Penalties can range from state jail

felonies to first-degree felonies,

depending on the quantity.

For example, less than 1 gram of

cocaine can lead to 180 days–2

years in state jail.

Collateral Consequences of a Drug Conviction

A drug conviction in Texas can affect more than just your criminal record:

Loss of job opportunities.

Difficulty finding housing.

Suspension of your driver’s license.

Immigration consequences for non-citizens.

This is why having a strong defense is critical.

Common Defenses to Drug Possession Charges

An experienced Texas criminal defense lawyer may be able to challenge your charges using defenses such as:

Illegal search and seizure (if police violated your Fourth Amendment rights).

Lack of knowledge (you didn’t know drugs were in your car, bag, or home).

Prescription defense (you had a valid prescription for the medication).

These defenses can sometimes get charges reduced—or even dismissed.

What to Do If You’re Arrested for Drug Possession

If you’re facing drug charges in Texas:

1. Stay calm and exercise your right to remain silent.
(See our post on Understanding Your Miranda Rights in Texas for why this is so important.)

2. Do not consent to searches without a warrant.

3. Contact a lawyer immediately.

Drug possession charges can escalate quickly, especially if prosecutors try to argue intent to distribute. The earlier you get legal help, the stronger your defense can be.

How We Can Help

At The Law Office of Silverio Martinez, we understand how stressful and overwhelming a drug arrest can be. Our team provides aggressive defense strategies to protect your rights and fight for the best possible outcome.

Whether you’re facing a misdemeanor marijuana charge or a serious felony involving controlled substances, we’ll be with you every step of the way.

Call Today for a Free Consultation

If you or someone you know has been arrested for drug possession in Texas, don’t wait. Call us today at (956) 724-5047 or reach out through our Contact Page to schedule a free consultation.

Your future is too important to leave to chance.