Drug Charges

Possession of drugs (or drug paraphernalia) can be a felony or a misdemeanor in Texas, depending on the amount and type of drugs you are accused of possessing. Usually, if you are found with less than four ounces of marijuana in your possession, you will be charged with a misdemeanor possession charge. However, possession of even a small amount of cocaine (less than a gram ) is considered a felony.

The Texas Health and Safety Code governs the possession law, dividing controlled substances into five penalty groups, with an additional category for marijuana. While some of the substances are legal, it is illegal to possess them WITHOUT a prescription. The classification of the criminal offense and punishment range for any drug charge depends on the penalty group in which the particular controlled substance is included and the amount of controlled substance at issue. A table is listed at the end of this page detailing the penalty groups for each controlled substance.

If the police find drugs in a car or find drugs/narcotics in a residence, it is not uncommon for the police to arrest everyone in the car or residence. However, merely being in the presence of drugs/narcotic is not enough to sustain a conviction in a drug possession case in Texas. In order to gain a conviction in the case, the state must be able to prove the accused was in actual or constructive possession of the drugs/narcotics.

Section 1.07 of the Texas Penal Code defines possession as actual care, custody, or control. Section 481.002 of the Texas Health and Safety Code defines possession as actual care, custody, control, or management. Merely being close and/or around drugs is not enough to support a conviction. The prosecutor has to prove that you intentionally or knowingly had actual care, custody, control or management of the drugs. If you did not "know" that the drugs were there, you are "Not Guilty."

Common defenses in drug cases can also focus on the legality of the search and seizure. The 4th Amendment of the United States Constitution protects us against unreasonable searches and seizures. Generally speaking, the police cannot search your person, your vehicle, or your residence without probable cause. Often, they are not allowed to search without first obtaining a search warrant. If the police illegally searched you or your property, the evidence seized will not be admissable in a trial and may be supressed in a pre-trial hearing.

The Texas Controlled Substances Act defines "delivery" as giving a controlled substance, or a fake controlled substance, to another person. In Texas, delivery is the legal equivalent to "selling" drugs, whether money changes hands or not, except in the case of small amounts of marijuana.

Police can charge you with dealing drugs by using an undercover officer to take the delivery, by conducting surveillance on an exchange, or by getting a confidential informant to make the deal and testify to the occurrence later in court.

Delivery charges differ from the possession framework, and vary by classification and by amount. Marijuana also differs from the possession law, and similary differs based on amount. Contact The Law Offices of Carl David Ceder, PLLC, at 214.702.CARL (2275) and Carl or another representative can discuss with you the differences if you or your loved one has been charged with delivery/manufacture of a controlled substance or marijuana.

Whatever the criminal drug charge against you — from simple possession of marijuana, to a more serious delivery charge in either Federal of State Court — Texas criminal defense attorney Carl David Ceder will do his best to defend your rights and protect your freedom.

• Penalty Group #1: Cocaine, Heroin, Methamphetamine, GHB, Oxycodone and Hydrocodone
• Penalty Group #1A: LSD
• Penalty Group #2. Ecstacy, PCP, and Mescaline
• Penalty Group #3: Valium, Xanax and Ritalin
• Penalty Group #4: Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

• 2 ounces or less of marijuana can be charged as Class B misdemeanor, which includes a statutory range of punishment of not more than 180 days in jail and/or a fine not to exceed $2,000;
• Marijuana possession of more than 2 ounces, but less than 4 ounces can be filed as a Class A misdemeanor, which includes a statutory range of punishment of not more than 1 year in jail and/or a fine of not to exceed $4,000; 
• Marijuana possession of more than 4 ounces, but less than 5 pounds can be filed as a State jail felony, which includes a statutory range of punishment of 180 days to 2 years in a state jail and/or a fine of not more than $10,000;
• Marijuana possession of more than 5 pounds, but less than 50 pounds can be filed as a Third-degree felony, which includes a statutory range of punishment of 2 to 10 years in a state prison and/or a fine not to exceed $10,000;
• Marijuana possession of more than 50 pounds, but less than 2,000 pounds can be filed as a Second-degree felony, which includes a statutory range of punishment of 2 to 20 years in a state prison and/or a fine not to exceed $10,000;
• Marijuna possession of more than 2,000 pounds can be filed as an enhanced first-degree felony, which includes a statutory range of punishment of 5 to 99 years and a fine of not to exceed $50,000.

Punishment ranges for the different Penalty Groups is as follows:

• Life or 10 to 99 years if more than 400 grams
• Life or 5 to 99 years if more than 200 grams but less than 400 grams
• 2 to 20 years if more than 4 grams but less than 200 grams
• 2 to 10 years if more than 1 gram but less than 4 grams
• 180 days to 2 years if less than 1 gram

• Life or 15 to 99 years if 8000 units or more
• Life or 5 to 99 years if more than 4000 units but less than 8000 units
• 2 to 20 years if more than 80 units but less than 4000 units
• 2 to 10 years if more than 20 units but less than 80 units
• 180 days to 2 years if less than 20 units

• Life or 5 to 99 years if more than 400 grams
• 2 to 20 years if more than 4 grams but less than 400 grams
• 2 to 10 years if more than 1 gram but less than 4 grams
• 180 days to 2 years if less than 1 gram

• Life or 5 to 99 years if more than 400 grams
• 2 to 20 years if more than 200 grams but less than 400 grams
• 2 to 10 years if more than 28 grams but less than 200 grams
• 180 days to 2 years if less than 28 gram

• Life or 5 to 99 years if more than 400 grams
• 2 to 20 years if more than 200 grams but less than 400 grams
• 2 to 10 years if more than 28 grams but less than 200 grams
• 180 days to 2 years if less than 28 grams

• Life or 15 to 99 years if more than 400 grams
• Life or 10 to 99 years if more than 200 grams but less than 400 grams
• Life or 5 to 99 years if more than 4 grams but less than 200 grams
• 2 to 20 years if more than 1 gram but less than 4 grams
• 180 days to 2 years if less than 1 gram

• Life or 15 to 99 years if 4000 units or more
• Life or 5 to 99 years if more than 80 units but less than 4000 units
• 2 to 20 years if more than 20 units but less than 80 units
• 180 days to 2 years if less than 20 units

• Life or 10 to 99 years if more than 400 grams
• Life or 5 to 99 years if more than 4 grams but less than 400 grams
• 2 to 20 years if more than 1 gram but less than 4 grams
• 180 days to 2 years if less than 1 gram

• Life or 10 to 99 years if more than 400 grams
• Life or 5 to 99 years if more than 200 grams but less than 400 grams
• 2 to 20 years if more than 28 gram but less than 200 grams
• 180 days to 2 years if less than 28 gram