Drug Possession Defense — Fort Worth & Tarrant County, TX
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Charged with Possession of a Controlled Substance in Texas? Know What You're Facing.
Drug possession charges in Texas are governed by a complex system of penalty groups that classify substances based on their addictive potential and medical use. The group your substance falls under — and the amount involved — determines whether you’re facing a Class B misdemeanor or an enhanced first-degree felony. Attorney Chelsi McLarty has extensive experience defending drug possession charges across all penalty groups and will work with you to understand your charges, challenge the evidence, and pursue every available path toward the best possible outcome.
What Is Possession Of A Controlled Substance In Texas?
Under Chapter 481 of the Texas Health and Safety Code — the Texas Controlled Substances Act — a person commits an offense if they knowingly or intentionally possess any substance listed in the penalty groups without a valid prescription. This includes illegal drugs, prescription medications without authorization, synthetic substances, and certain chemicals.
Texas Drug Penalty Groups Explained
Texas classifies controlled substances into the following penalty groups. The severity of your charge depends on which group your substance falls in and the quantity involved.
Penalty Group 1
The most heavily regulated substances in Texas, those with no accepted medical use and the highest potential for abuse. Includes: Cocaine, Crack, Heroin, Methamphetamine, Ketamine, Oxycontin, GHB, Opium, Codeine, and Methadone.
- Under 1 gram → State Jail Felony (180 days–2 years; up to $10,000 fine)
- 1–4 grams → Third Degree Felony (2–10 years; up to $10,000 fine)
- 4–200 grams → Second Degree Felony (2–20 years; up to $10,000 fine)
- 200–400 grams → First Degree Felony (5–99 years or life; up to $100,000 fine)
- 400+ grams → Enhanced First Degree Felony (10–99 years or life; up to $100,000 fine)
Penalty Group 1-A
Contains only LSD (acid) and its analogs. Measured in units rather than weight.
- Under 20 units → State Jail Felony
- 20–80 units → Third Degree Felony
- 80–4,000 units → Second Degree Felony
- 4,000–8,000 units → First Degree Felony
- 8,000+ units → Enhanced First Degree Felony (15–99 years or life; up to $250,000 fine
Penalty Group 1-B
Contains only Fentanyl and its isomers and analogs. Fentanyl is a priority for Texas prosecutors and is aggressively charged — including as manufacturing, delivery, or even fentanyl murder charges.
- Under 1 gram → State Jail Felony
- 1–4 grams → Third Degree Felony
- 4–200 grams → Second Degree Felony
- 200–400 grams → First Degree Felony
- 400+ grams → Enhanced First Degree Felony (10–99 years or life; up to $100,000 fine)
Penalty Group 2
Primarily hallucinogens and CNS depressants. Includes: MDMA/Molly/Ecstasy, PCP, Mescaline (Peyote), Mushrooms (Psilocybin), Adderall (Dextroamphetamine), Bath Salts, and THC (Tetrahydrocannabinol — including Delta 8, Delta 9, Delta 10, and THCA).
- Under 1 gram → State Jail Felony
- 1–4 grams → Third Degree Felony
- 4–400 grams → Second Degree Felony
- 400+ grams → Enhanced First Degree Felony (5–99 years; up to $50,000 fine)
Penalty Group 2-A
Synthetic marijuana and cannabinoids (Spice, K2, and similar substances).
- Under 2 oz → Class B Misdemeanor
- 2–4 oz → Class A Misdemeanor
- 4 oz–5 lbs → State Jail Felony
- 5–50 lbs → Third Degree Felony
- 50–2,000 lbs → Second Degree Felony
- 2,000+ lbs → Enhanced First Degree Felony (5–99 years or life; up to $50,000 fine)
Penalty Group 3
Depressants and stimulants with some accepted medical use. Includes: Xanax (Alprazolam), Valium (Diazepam), Clonazepam, Lorazepam, Zolpidem, Ritalin, Testosterone, and HGH.
- Under 28 grams → Class A Misdemeanor
- 28–200 grams → Third Degree Felony
- 200–400 grams → Second Degree Felony
- 400+ grams → Enhanced First Degree Felony (5–99 years or life; up to $50,000 fine)
Penalty Group 4
Prescription medications with potential for abuse but recognized medical value. Includes: Opium, Morphine, Motofen, and other controlled prescription drugs.
- Under 28 grams → Class B Misdemeanor
- 28–200 grams → Third Degree Felony
- 200–400 grams → Second Degree Felony
- 400+ grams → Enhanced First Degree Felony (5–99 years or life; up to $50,000 fine)
Frequently Asked Questions
What is a controlled substance in Texas?
A controlled substance is any drug or chemical whose use and distribution is tightly regulated by the state due to its abuse potential or risk — including both illegal drugs and certain prescription medications.
Will my driver's license be suspended for a drug conviction?
If you are under 21, a drug conviction results in a one-year automatic license suspension. If you are over 21, it results in a six-month suspension. In either case, you must complete a 15-hour Drug Education Program before DPS will reinstate your license.
Is probation mandatory for first-time drug offenses?
Under Texas Code of Criminal Procedure 42.551, probation is mandatory for first-time state jail felony drug convictions with no prior felony history — including possession under 1 gram for PG1, PG2, and certain other offenses. This means jail time is not automatic for qualifying first-time offenders.
What are common defenses for Texas drug charges?
The most effective defenses often center on improper search and seizure, chain of custody issues with the evidence, or lack of knowing possession. Diversion and treatment programs are also available in most Tarrant County courts for eligible defendants.
What do the charge abbreviations mean?
– POCS PG1 — Possession of a Controlled Substance, Penalty Group 1
– POCS PG1-A — Penalty Group 1-A (LSD)
– POCS PG1-B — Penalty Group 1-B (Fentanyl)
– POCS PG2 — Penalty Group 2
– POCS PG2-A — Penalty Group 2-A (Synthetic Marijuana)
– POCS PG3 — Penalty Group 3
– POCS PG4 — Penalty Group 4
– DFZ — Drug Free Zone (enhances penalties)
– POMu2 — Possession of Marijuana under 2 oz
Facing Criminal Charges in Fort Worth? Don't Wait, Get Help Today.
The earlier you involve an experienced criminal defense attorney, the better your chances of a favorable outcome. Attorney Chelsi McLarty offers free case consultations and is ready to go to work for you right away.
McLarty Law Firm
855 Texas Street, Suite 140
Fort Worth, TX 76102
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