(817) 502-3600

Free Consultation

Possession of a Controlled Substance

Possession of even a small amount of a controlled substance in Texas can trigger an entire lifetime of consequences. In addition to possible imprisonment and fines, an alleged offender also faces the prospect of having the crime listed on his or her criminal record.

Convictions relating to illegal drugs have the potential to prevent people from getting hired for jobs, approved for housing, or admitted to colleges. State law divides controlled substances into six different penalty groups with varying levels of possible punishments, but prosecutors generally seek strict punishments for any illegal drug charge.

Fort Worth Lawyer for Possession of a Controlled Substance Charges

Have you been arrested for allegedly possessing a controlled substance in North Central Texas? You will want to be sure to seek legal counsel as soon as possible for help getting the criminal charges reduced or possibly even dismissed.

Our Fort Worth drug possession attorneys at Townsend, Gebhardt & Eppes, PLLC aggressively defend clients in communities throughout Tarrant County such as Arlington and Fort Worth as well as many surrounding areas like Weatherford, Cleburne, and others in Parker County and Johnson County. You can have us review your case as soon as you call 817-502-3600 to schedule a free, confidential consultation.


Overview of Possession of a Controlled Substance Charges in Tarrant County


Back to top

Types of Charges for Possession of a Controlled Substance in Texas

Criminal classifications for drug possession charges depend on the type and the amount of the controlled substance allegedly involved:

Possession of a Controlled Substance in Penalty Group 1

Under Texas Health and Safety Code § 481.115, a person who knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 can face the following charges depending on the aggregate weight:

  • State Jail Felony — Less than one gram;
  • Third Degree Felony — One gram or more but less than four grams;
  • Second Degree Felony — Four grams or more but less than 200 grams; or
  • First Degree Felony — 200 grams or more but less than 400 grams.

Possession of 400 grams or more of a controlled substance listed in Penalty Group 1 is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine of up to $100,000.

Possession of a Controlled Substance in Penalty Group 1-A

Texas Health and Safety Code § 481.1151 states that an alleged offender who knowingly possesses a controlled substance listed in Penalty Group 1-A can face the following charges based on the number of units:

  • State Jail Felony — Fewer than 20 units;
  • Third Degree Felony — 20 or more units but fewer than 80 units;
  • Second Degree Felony — 80 or more units but fewer than 4,000 units; or
  • First Degree Felony — 4,000 units or more but fewer than 8,000 units.

Possession of 8,000 or more units of a controlled substance listed in Penalty Group 1-A is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine of up to $250,000.

Possession of a Controlled Substance in Penalty Group 2

Under Texas Health and Safety Code § 481.116, a person who knowingly or intentionally possesses a controlled substance listed in Penalty Group 2 may face the following charges depending on the aggregate weight:

  • State Jail Felony — Less than one gram;
  • Third Degree Felony — One gram or more but less than four grams; or
  • Second Degree Felony — Four grams or more but less than 400 grams.

Possession of 400 grams or more of a controlled substance listed in Penalty Group 2 is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of up to $50,000.

Possession of a Controlled Substance in Penalty Group 2-A

Texas Health and Safety Code § 481.1161 establishes that an alleged offender who knowingly possesses a controlled substance listed in Penalty Group 2-A can face the following charges based on the aggregate weight:

  • Class B Misdemeanor — Less than two ounces;
  • Class A Misdemeanor — Two ounces or more but less than four ounces;
  • State Jail Felony — Four ounces or more but less than five pounds;
  • Third Degree Felony — Five pounds or more but less than 50 pounds; or
  • Second Degree Felony — 50 pounds or more but less than 2,000 pounds.

Possession of more than 2,000 pounds of a controlled substance listed in Penalty Group 2-A is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of up to $50,000.

Possession of a Controlled Substance in Penalty Group 3

Under Texas Health and Safety Code § 481.117, an alleged offender who knowingly or intentionally possesses a controlled substance listed in Penalty Group 3 may face the following charges depending on the aggregate weight:

  • Class A Misdemeanor — Less than 28 grams;
  • Third Degree Felony — 28 grams or more but less than 200 grams; or
  • Second Degree Felony — 200 grams or more but less than 400 grams.

Possession of 400 grams or more of a controlled substance listed in Penalty Group 3 is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of up to $50,000.

Possession of a Controlled Substance in Penalty Group 4

Texas Health and Safety Code § 481.118 states that a person who knowingly possesses a controlled substance listed in Penalty Group 4 can face the following charges based on the aggregate weight:

  • Class B Misdemeanor — Less than 28 grams;
  • Third Degree Felony — 28 grams or more but less than 200 grams; or
  • Second Degree Felony — 200 grams or more but less than 400 grams.

Possession of more than 400 grams of a controlled substance listed in Penalty Group 4 is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of up to $50,000.


Back to top

Fort Worth Penalties for Possession of a Controlled Substance

If alleged offenders are convicted of drug possession offenses, they could face stiff sentences resulting in lengthy imprisonment and/or steep fines. The maximum possible punishments are as follows:

  • Class B Misdemeanor — Up to 180 days in jail and/or a fine of up to $2,000;
  • Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000;
  • State Jail Felony — Up to two years in state jail and/or a fine of up to $10,000;
  • Third Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000;
  • Second Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000; and
  • First Degree Felony — Life or up to 99 years in prison and/or a fine of up to $10,000.

Back to top

Texas Resources for Possession of a Controlled Substance Charges

Narcotics | Fort Worth Police Department (FWPD) — The Narcotics Section of the FWPD is one of three Sections that comprise the Special Operations Division. The Metro Narcotic Intelligence Coordination Unit (MNICU) works closely with officers from surrounding agencies as well as the Tarrant County Sheriff's Department and the Tarrant County District Attorney's Office. On this website, you can learn more about the most commonly confiscated substances within Fort Worth and the sour MNICU sectors.

FWPD Special Operations Division
Narcotics Section
350 West Belknap Street
Fort Worth, Texas 76102
817-378-1500

Volunteers of America Texas — Volunteers of America Texas is a faith-based, nonprofit organization dedicated to the mission of helping the vulnerable reach their full potential. Its services include addiction treatment, prevention and recovery programs, community re-entry programs for people transitioning from prison, and a continuum of additional support services. On this website, you can learn more about the ministry, find information on upcoming events, and read recent news releases.

Volunteers of America Texas
300 East Midway Drive
Euless, TX 76039
(817) 529-7300

Texas Controlled Substances Act — You can read the full text of state drug laws under Title 6, Chapter 481 of the Texas Health and Safety Code. In addition to offenses and penalties, you can also learn more about specific definitions of terms related to controlled substances, exemptions and exceptions, and how forfeiture works in drug cases.


Back to top

Find a Drug Possession Lawyer in Fort Worth, TX

If you were arrested for allegedly possessing a controlled substance in North Central Texas, it is in your best interest to explore all of your possible legal defenses. Whether illegal drugs belonged to another person or police violated your constitutional rights, having experienced legal counsel can result in the criminal charges possibly being reduced or dismissed.

The Fort Worth criminal defense attorneys at Townsend, Gebhardt & Eppes, PLLC represent clients in Arlington, Fort Worth, and many other parts Tarrant County as well as Cleburne, Weatherford, and surrounding communities in Johnson County and Parker County. Call 817-502-3600 or submit an online form today to receive a thorough evaluation of your case during a completely free initial consultation.


Back to top