Penalties for Possession of a Controlled Substance in Texas

PENALTY GROUP 1 or 1-B

• Less than 1 gram – State Jail Felony

• More than 1 gram and less than 4 grams — Third-Degree Felony

• More than 4 grams and less than 200 grams — Second-Degree Felony

• More than 200 grams and less than 400 grams — First-Degree Felony

• 400 grams or more — Super Felony punishable by 10-99 years in prison, a fine up to $100,000, or both

PENALTY GROUP 1-A

Because this group deals exclusively with LSD, the penalties are separated into "dosage units"

• Less than 20 units— State Jail Felony

• More than 20 units and less than 80 units— Third-Degree Felony

• More than 80 units and less than 4,000 units— Second-Degree Felony

• More than 4,000 and less than 8,00 units— First-Degree Felony

• 8,000 or more units - Super Felony punishable by 15-99 years in prison, fine up to $250,000, or both.

PENALTY GROUP 2

• Less than 1 gram— State Jail Felony

• More than 1 gram and less than 4 grams— Third-Degree Felony

• More than 4 grams and less than 400 grams— Second-Degree Felony

• 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000

PENALTY GROUP 2-A

• 2 ounces or less — Class B Misdemeanor

• 4 ounces or less but more than 2 ounces— Class A Misdemeanor

• 5 pounds or less but more than 4 ounces — State Jail Felony

• 50 pounds or less but more than 5 pounds — Third-Degree Felony

• 2,000 pounds or less but more than 50 pounds — Second-Degree Felony

• More than 2,000 pounds — First-Degree Felony with a fine enhanced up to $50,000

PENALTY GROUP 3

• Less than 28 grams— Class A Misdemeanor

• More than 28 grams and less than 200 grams— Third-Degree Felony

• More than 200 grams and less than 400 grams— Second Degree Felony

• 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000

PENALTY GROUP 4

• Less than 28 grams— Class B Misdemeanor

• More than 28 grams and less than 200 grams— Third-Degree Felony

• More than 200 grams and less than 400 grams— Second Degree Felony

• 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000

Search and Seizure Issues Relating to Drug Crimes

Search and seizure issues are common in arrests for drug crimes in Texas, as law enforcement officers must often rely on searches and seizures to gather evidence in these cases. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government, and this protection extends to drug crime cases.

One common search and seizure issue in drug cases is the use of warrantless searches. In general, law enforcement officers must obtain a search warrant before conducting a search, unless they have probable cause to believe that evidence of a crime will be found and there are exigent circumstances that make it impractical to obtain a warrant. However, there are exceptions to the warrant requirement, such as searches conducted incident to a lawful arrest, searches of vehicles, and searches of areas within the immediate control of the suspect.

One such exception is the automobile exception to the warrant requirement, which allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe that the vehicle contains evidence of a crime. This exception is based on the idea that vehicles are mobile and may be driven away before a warrant can be obtained, and that there is a reduced expectation of privacy in a vehicle.

Another search and seizure issue that may arise in drug cases is the use of "drug-sniffing" dogs. The use of drug-sniffing dogs has been found to be constitutional, as long as the dog is trained and reliable and the search is not excessively intrusive. However, if the dog gives a false alert or the search is otherwise unreasonable, the evidence discovered as a result of the search may be suppressed.

Drug crimes may also be discovered during a traffic stop. If an officer has probable cause to believe that a traffic violation has occurred, he or she may stop the vehicle and conduct a brief investigation. If the officer observes evidence of a drug crime during the stop, he or she may search the vehicle or arrest the suspect.

A "whisper stop" is a type of traffic stop in which an officer follows a vehicle and waits for it to commit a minor traffic violation, such as failing to signal a turn, before initiating the stop. Usually, the officer has received a tip from an informant that the vehicle is carrying large amounts of cash or drugs. This tactic allows the officer to stop the vehicle without alerting the occupants to the true purpose of the stop.

If an officer cannot or does not properly state his reasonable suspicion that he used to stop the vehicle, any search of the vehicle or its occupants could be suppressed from evidence and excluded from the trial.

If you have been arrested for a drug crime in Texas and believe that your Fourth Amendment rights have been violated, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. An attorney can review the circumstances of your case and determine if any search and seizure issues may be raised as a defense.