Texas has five classifications for drugs. If you are charged with possession of a controlled substance, the penalties you face will vary depending on which drug it is, the amount you had “in your possession,” whether it was stored or concealed, if you had other drug paraphernalia in your possession, and if you have had a past drug offense.
If you’ve been charged with possession of a controlled substance, I can help you understand the drug charges, the possible criminal penalties, and strategies we can use in your defense. I’m Patrick Curran, a Fort Worth drug crimes defense lawyer with more than 25 years of experience.
I represent people of all ages, including teens and young adults facing misdemeanor and felony drug charges. I’ve handled thousands of cases over the years, including hundreds of cases as a prosecuting Assistant District Attorney in Tarrant County. I understand criminal cases from both the prosecution and defense side of the aisle, which helps me in negotiations and in trial.
Call my Fort Worth law office if you’ve been charged with drug possession: (817) 809-7919. I offer a free initial consultation.
Schedule I drugs are considered most dangerous. They have the highest potential for abuse and no accepted medical use. The penalties for possession of a Schedule I drug are the most severe. Schedule II drugs have a high potential for abuse and may lead to psychological or physical dependence, but they do have a medical use. Schedule III and IV drugs have less potential for abuse and addiction and medical uses. Schedule V drugs are the least dangerous, with a low potential for abuse or dependence and accepted medical uses. Possession of this type of drug carries the lowest penalties.
A few examples of illegal drugs and their penalties include:
- Marijuana is its own category of drug. Possession can be a felony charge if the amount is large enough; for small amounts it can be a Class A or Class B misdemeanor with jail time and/or a fine. Learn more about marijuana charges in Texas.
- K2 (spice) is a marijuana-like substance that is illegal in Texas. It is Schedule I controlled substance and possession or sale of K2 are Class A and Class B misdemeanors.
- Methamphetamine is a Schedule I drug. Possession of less than 1 gram of meth is a state jail felony and you could face up to a 2-year sentence in state prison and a $10,000 fine. Between 1 and 4 grams is a 3rd degree felony and you face 2 to 10 years in prison, along with a fine.
- Cocaine is a Schedule II drug. The penalties for possession of cocaine are similar to meth.
Abuse of prescription drugs is a big problem in Texas. It is illegal to possess a prescription drug without a prescription. Possessing less than 28 grams of someone else’s prescription can be charged as a misdemeanor crime.
The most common prescription drugs for which I see people charged with possession are prescription painkillers and anti-anxiety meds like Xanax, Valium, Oxycontin, Oxycodone, Vicodin, Percocet and codeine. Young people can get in trouble sharing Ritalin or Adderall, stimulants they may have been given to help with ADHD.
I defend a lot of people who have been arrested for the first time. Texas drug courts offer special diversion programs for first-time offenders. After completion of a diversion program, I can help you expunge your criminal record so the charges won’t need to be listed on a college, housing or job application.
If you have a prior criminal charge for possession or possession with intent to sell, I will mount the strongest defense possible for your case.
Contact a Lawyer
Learn more about your defense and diversion options. Call my Fort Worth law office at (817) 809-7919 or contact me online to schedule a free initial consultation.