Drug possession charges can be confusing and intimidating. Whether you are facing misdemeanor or felony charges depends on a variety of factors.

Is Possession of Drugs a Felony?

Not all drug possession charges are classified as felonies. In fact, many cases are misdemeanors. However, certain circumstances can elevate a drug possession charge to a felony. In Texas, the severity of a drug possession charge depends on several factors, including:

1. The Type of Drug
2. The Amount of Drug in Your Possession
3. Your Intent to Distribute

Let’s take a closer look at each of these factors.

1. The Type of Drug

One of the key factors that determine whether drug possession is a felony is the type of drug involved. Texas categorizes drugs into different groups, or "schedules," based on their potential for abuse and medical use.

• Schedule I Drugs: These are the most dangerous drugs, and possession of even small amounts is often treated as a felony. Drugs like heroin, methamphetamine, and cocaine are in this category. If you’re caught with these substances, it’s more likely that you’ll face felony charges.
  
  
• Marijuana: Marijuana is an exception in Texas. Possession of small amounts of marijuana (less than 2 ounces) is a Class B misdemeanor. However, if you’re caught with larger amounts, the charge can escalate to a felony. For example, possession of over 2 ounces of marijuana can lead to felony charges.
  
  
• Prescription Drugs: Possessing prescription drugs without a valid prescription can also result in felony charges, depending on the specific drug and amount.

2. The Amount of Drug in Your Possession

The amount of the drug you possess plays a significant role in determining whether your possession charge is a felony or a misdemeanor. In Texas, the law sets specific thresholds for different drugs, and possessing more than a certain amount can automatically elevate the charge to a felony.

• Marijuana: Possession of 2 ounces or fewer is typically a Class B misdemeanor. However, possession of more than 2 ounces can lead to felony charges. The penalties increase with the amount:
  
  
  
  • 2 to 4 ounces of marijuana = Class A misdemeanor
    
    
  • 4 ounces to 5 pounds = Third-degree felony
    
    
  • 5 to 50 pounds = Second-degree felony
    
    
  • Over 50 pounds = First-degree felony
• Cocaine, Methamphetamine, and Other Schedule I Drugs:
  
  
  
  • Less than 1 gram is typically classified as a State Jail Felony.
    
    
  • 1 to 4 grams is a Third-degree felony.
    
    
  • 4 to 200 grams is a Second-degree felony.
    
    
  • More than 400 grams is a First-degree felony, which carries the most severe penalties.

The more of a controlled substance you possess, the more likely it is that your charge will be classified as a felony. Contact our Fort Bend criminal defense lawyer today to protect your rights and explore your legal options.

3. Possession with Intent to Distribute

While we’re focusing on possession in this blog, it’s important to note that possession with the intent to distribute can elevate a charge to a felony, even if the amount of drugs you have might otherwise be classified as a misdemeanor. For example, if you’re caught with small amounts of drugs but have packaging materials, scales, or other items associated with drug distribution, the prosecution may argue that you intended to sell or distribute the drugs.

What Happens if You’re Charged with Felony Drug Possession?

If you are charged with felony drug possession, the penalties can be severe. Convictions for felony drug possession in Texas can result in lengthy prison sentences, heavy fines, and a permanent criminal record. The penalties vary based on the type and amount of the drug, but here’s a general idea of what you could face:

• State Jail Felony (less than 1 gram of certain drugs): Up to 2 years in jail and fines up to $10,000.
  
  
• Third-degree felony (1 to 4 grams of certain drugs): 2 to 10 years in prison and fines up to $10,000.
  
  
• Second-degree felony (4 to 200 grams of certain drugs): 2 to 20 years in prison and fines up to $10,000.
  
  
• First-degree felony (over 400 grams of certain drugs): 5 to 99 years in prison and fines up to $50,000.

What Should You Do If You’re Facing Drug Possession Charges?

If you’re facing drug possession charges, whether felony or misdemeanor, it’s crucial to seek legal help as soon as possible. At Lawrence Law Firm, PLLC, we have years of experience defending clients against drug charges in Texas. Our Fort Bend drug lawyer can evaluate your case, explain your legal options, and help you navigate the complex legal system. Call us now at (832) 356-4404 for a free consultation!