Drug Possession

Drug Possession and Trafficking Charges in Texas

Texas Drug Possession FAQs

What are the penalties for possession of a controlled substance in Texas?

Penalties scale with the Penalty Group and weight. Less than 1 gram of a PG-1 substance (heroin, cocaine, meth) is a state jail felony — 180 days to 2 years and up to a $10,000 fine. PG-2 (THC concentrates, MDMA) carries the same minimum. Marijuana under 2 oz is a Class B misdemeanor, not a felony.

Can I be charged with drug possession if the drugs were not on me?

Yes — through the doctrine of "constructive possession." Prosecutors must show you knew of the drugs and had care, custody, or control. Factors include proximity to the drugs, ownership of the location, paraphernalia in plain view, your conduct, and any statements. Mere presence is not enough on its own.

Will I lose my driver's license for a drug possession conviction in Texas?

Yes. Under Transportation Code § 521.372, a Texas drug conviction triggers a 180-day driver's license suspension. You may apply for an Occupational Driver's License (ODL) to drive to work, school, and essential household duties during the suspension.

Can drug possession charges be expunged in Texas?

Yes — if the case was dismissed, you were acquitted, or you successfully completed pretrial diversion. A conviction (or even a deferred-adjudication outcome) is not expungable, but deferred-adjudication cases can usually be sealed under an Order of Nondisclosure.

What happens if my home or car was searched without a warrant?

A warrantless search is presumed unreasonable unless an exception applies (consent, plain view, search incident to arrest, exigent circumstances, automobile exception with probable cause). If none applies, evidence can be suppressed under Texas Code of Criminal Procedure Article 38.23, often leading to dismissal.

Is possession of THC vape oil or wax a felony in Texas?

Yes. THC concentrates fall under Penalty Group 2. Possession of less than 1 gram is a state jail felony; 1–4 grams is a third-degree felony; 4–400 grams is a second-degree felony. The weight includes the entire substance, including the carrier oil — not just the THC.

Drug Possession

If you have been charged with possession of or trafficking in a controlled substance in Texas, you need experienced and aggressive legal counsel. A conviction or a guilty plea, whether on a felony or misdemeanor charge, can affect your employment or school prospects or your ability to obtain housing. In some cases, you may also face substantial fines and even jail time.  Any drug possession conviction or guilty plea will usually also result in a six-month driver’s license suspension.  

Potential Defenses to Drug Charges

First, the drug itself must naturally be illegal. As such, any medication for which you have a valid prescription isn’t covered. The prosecution must also prove that you had possession. Possession can be actual (for example, the drugs were in your pocket) or “constructive” (you share a home where drugs are found). Perhaps you honestly didn’t know that what you were keeping for a friend was illegal drugs.   

Because of this proof requirement, bringing out any facts that cast a reasonable doubt on whether you had possession or possessed a particular quantity can turn what looks like a certain conviction into an acquittal. 

An experienced drug charge defense attorney will explore these and other potential defenses with you.   

We have multiple offices across Texas to best serve you.

STAR Program 

In some cases, it may be possible to enter the Success Through Addiction Recovery (STAR) “drug court” program. If you are eligible and successfully complete the program, you may have the original charges against you dismissed. You also may file to have the fact that charges were filed expunged from your record. 

Drug Charges Are Serious Business 

Despite the recent relaxation trend in some states, under Texas law possession of any  amount of an illicit drug remains illegal. Punishments for possession of various types of drugs are specified in accordance with a series of “penalty groups”. The penalties range from a misdemeanor charge for possession of a small amount of marijuana up to 99 years in prison and a $250,000 fine for possession of significant amounts of “harder” drugs such as heroin and other opium derivatives, opioids and methamphetamine. To obtain the best possible outcome, you need to have experienced and aggressive legal representation. Call the law offices of George Napier at (713) 470-4097 today to schedule a free, no obligation consultation.

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