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Possession of a Controlled Substance

The Texas Controlled Substances Act imposes strict penalties on alleged offenders who possess illegal drugs. People accused of these crimes could face misdemeanor or felony charges, depending on the amount and type of controlled substances they allegedly possessed.

Convictions for drug possession not only have the potential to result in possible incarceration and fines, but also several other long-term consequences. People who plead guilty or are convicted of possession of a controlled substance may be denied employment, housing, or professional licenses if they have one of these kinds of offenses on their criminal records.

Lawyer for Possession of a Controlled Substance in Plano, TX

Were you recently arrested for allegedly possessing any kind of illegal drug in Collin County? Do not say anything to authorities until you have contacted The Law Offices of Richard C. McConathy.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent clients accused of all kinds of drugs or narcotics crimes in communities throughout Collin County, including Frisco, McKinney, Plano, Allen, and many others. They can provide an honest and thorough evaluation of your case when you call 469-304-3422 to schedule a free initial consultation.


Collin County Possession of a Controlled Substance Information Center


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Criminal Charges for Possession of a Controlled Substance in Texas

Possession is defined under Texas Health and Safety Code § 481.002(38) as “actual care, custody, control, or management.” Drug possession offenses are categorized in the Texas Controlled Substances Act by the Penalty Group the illegal drug is classified under.

The grade of a possession of a controlled substance offense is determined by the type of illegal drug involved and the amount of it an individual allegedly possessed:

Possession of a Controlled Substance in Penalty Group 1, Texas Health and Safety Code § 481.115

Knowingly or intentionally possessing a controlled substance listed in Penalty Group 1 can result in the following charges, depending on the aggregate weight:

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

Possession of 400 grams or more of a controlled substance listed in Penalty Group 1 is punishable by a minimum of 10 years up to 99 years or life in prison 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

Knowingly possessing a controlled substance listed in Penalty Group 1-A can result in the following charges, based on the number of units:

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

Possession of 8,000 or more units of a controlled substance listed in Penalty Group 1-A is punishable by a minimum of 15 years up to 99 years or life in prison and a fine of up to $250,000.

Possession of a Controlled Substance in Penalty Group 2, Texas Health and Safety Code § 481.116

Knowingly or intentionally possessing a controlled substance listed in Penalty Group 2 can result in the following charges, depending on the aggregate weight:

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

Possession of 400 grams or more of a controlled substance listed in Penalty Group 2 is punishable by a minimum of five years up to 99 years or life in prison 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

Knowingly possessing a controlled substance listed in Penalty Group 2-A can result in the following charges, based on the aggregate weight:

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

Possession of more than 2,000 pounds of a controlled substance listed in Penalty Group 2-A is punishable by a minimum of five years up to 99 years or life in prison and a fine of up to $50,000.

Possession of a Controlled Substance in Penalty Group 3, Texas Health and Safety Code § 481.117

Knowingly or intentionally possessing a controlled substance listed in Penalty Group 3 can result in the following charges, depending on the aggregate weight:

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

Possession of 400 grams or more of a controlled substance listed in Penalty Group 3 is punishable by a minimum of five years up to 99 years or life in prison and a fine of up to $50,000.

Possession of a Controlled Substance in Penalty Group 4, Texas Health and Safety Code § 481.118

Knowingly possessing a controlled substance listed in Penalty Group 4 can result in 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 a minimum of five years up to 99 years or life in prison and a fine of up to $50,000.


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Penalties for Possession of a Controlled Substance in Collin County

Convictions for drug possession crimes can lead to people being ordered to pay huge fines and serve very lengthy jail or prison sentences. Depending on the classification of the alleged offense, the maximum sentences alleged offender can receive 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.

People convicted of drug or controlled substances offenses in Texas can also have their driver’s licenses suspended for 180 days and be required to complete a 15-hour class in an authorized Drug Education Program.


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Texas Possession of a Controlled Substance Resources

DWI/Drug Court | Collin County — The mission of the Collin County DWI/Drug Court is “to target high risk substance dependent offenders and provide a non-adversarial and coordinated strategy to case processing.” Certain alleged offenders accused of misdemeanor drug possession offenses may be eligible for probated fines and jail sentences. You can download various forms and access a participants’ handbook through this website.

Collin County Court at Law Number One
2100 Bloomdale Road, Suite 20364
McKinney, TX 75071
(972) 548-3860

Texas Controlled Substances Act — Title 6, Chapter 481 of the Texas Health and Safety Code is more commonly known as the Texas Controlled Substance Act. The statutes listed here establish definitions relating to controlled substances, what is classified under certain drug schedules, and what conduct constitutes certain drug crimes. The Texas Controlled Substance Act also contains provisions relating to administrative penalties and forfeiture.


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The Law Offices of Richard C. McConathy | Plano Possession of a Controlled Substance Defense Attorney

If you were arrested in Collin County for allegedly possessing any kind of illegal drug, it will be in your best interest to immediately retain legal counsel. The Law Offices of Richard C. McConathy aggressively defends individuals in McKinney, Frisco, Allen, Plano, and many surrounding areas of Collin County.

Plano criminal defense lawyers Richard McConathy and Brian Bolton can fight to help you achieve the most favorable resolution to your case that results in the fewest possible penalties. Call 469-304-3422 or complete an online contact form to have our attorneys review your case and help you understand all of your legal options during a free, confidential consultation.


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I was charged with DWI in Collin County, Texas. I heard that this is a tough place to get a DWI charge defeated. Fortunately, I hired Richard McConathy and Brian Bolton. They took it all the way and won my case. I owe these guys alot. Don't mess with any lawyer that can't compare with these guys. Thank you Richard and Brian.

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