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Understanding Texas Drug Possession Laws (Updated for 2025)

Understanding Drug Possession Laws in Texas (Updated for 2025)

Updated for 2025: Texas drug possession laws remain some of the strictest in the country. Whether you’re facing charges or trying to stay informed, it’s crucial to understand how these laws are classified, prosecuted, and defended — especially in Fort Bend County and surrounding areas.

This updated guide will walk you through the Texas drug possession laws for 2025, including penalty categories, recent changes, and your legal options.

How Texas Classifies Controlled Substances

Texas uses a schedule-based system to categorize drugs based on abuse potential and medical value. This classification has a direct impact on criminal penalties.

Schedule I

  • High abuse risk, no accepted medical use

  • Examples: Heroin, LSD, Ecstasy

  • Penalties: Among the most severe in Texas

Schedule II

  • High potential for abuse, but with restricted medical use

  • Examples: Cocaine, Fentanyl, Oxycodone

  • Penalties: Severe and often enhanced if not prescribed

Schedule III

  • Moderate abuse potential, accepted medical use

  • Examples: Ketamine, anabolic steroids

  • Penalties: Less harsh but still criminal

Schedule IV & V

  • Lower abuse potential; often prescription drugs

  • Examples: Xanax (Schedule IV), low-dose codeine cough syrup (Schedule V)

Key Drug Law Changes Leading Into 2025

The state of Texas made several significant updates in 2023 that remain fully in effect in 2025:

  • Brorphine & Eutylone added to Schedule I

  • Amineptine, Methiopropamine, Mesocarb, Zipeprol included in Schedule I (May 2023)

  • Ganaxolone added to Schedule V

  • Fenfluramine removed from Schedule IV

These updates continue to impact how drug possession penalties in Texas are applied and defended in court.

What Counts as Drug Possession in Texas?

Under the Texas Controlled Substances Act, possession means having “actual care, custody, control, or management” of an illegal drug. There are two primary types:

  • Actual Possession: Substance is on your person (e.g., pocket, bag)

  • Constructive Possession: You control the space where the substance is found (e.g., car, house)

Other key factors:

  • Quantity: Larger amounts could trigger intent-to-distribute charges

  • Type of drug: Penalties depend on the classification

  • Prior record: Repeat offenses carry stiffer consequences

Texas Drug Possession Penalties by Penalty Group

Texas breaks substances into Penalty Groups under the Texas Health and Safety Code, Chapter 481.

Penalty Group 1

  • Opiates, cocaine, methamphetamine

  • Penalties: Up to 99 years in prison and $10,000 in fines

Penalty Group 1-A

  • LSD and its analogs

  • Penalties based on unit dosage

Penalty Group 2

  • Ecstasy, PCP, amphetamines

  • Severe penalties with increasing weight

Penalty Group 3

  • Xanax, Ritalin, anabolic steroids

  • Typically misdemeanor or state jail felony

Penalty Group 4

  • Prescription narcotics mixed with non-narcotic substances

  • Least severe penalties, but still criminal

If you’re unsure which group applies to your case, a Fort Bend drug possession attorney can clarify the legal implications and build your defense.

How a Drug Possession Charge Affects Your Life

Even a first-time charge can have lasting consequences:

  • Criminal Record: Visible in background checks

  • Employment Loss: Difficult to get hired, especially in sensitive roles

  • Education: Loss of financial aid, scholarships, or school expulsion

  • Housing: Landlords may deny applications

  • Social Impact: Strained relationships and community standing

  • Probation/Parole: Strict compliance, drug testing, court appearances

Legal Defenses to Drug Possession Charges in Texas

Defense strategies vary based on circumstances. A criminal defense lawyer in Richmond, TX can evaluate your case and pursue the most effective legal route. Common defenses include:

  • Lack of Possession: Drugs weren’t yours

  • No Knowledge or Intent: You didn’t know the drugs were there

  • Illegal Search or Seizure: Fourth Amendment violation

  • Lab Mistakes: Mishandled drug tests or chain of custody issues

  • Medical Necessity: Legal basis for possession

  • Insufficient Quantity: Not enough to charge

  • Mistaken Identity: Wrong person accused

Work with a Fort Bend Criminal Defense Attorney

Texas drug laws are tough — especially in Fort Bend County, Harris County, and surrounding jurisdictions. You need someone who understands Texas drug possession laws in 2025 and has the courtroom experience to fight for your future.

Attorney Lee D. Cox provides strategic defense and trusted guidance for clients facing drug charges. He serves Richmond, Sugar Land, Rosenberg, and nearby communities, with a reputation for honest counsel and effective legal strategies.

Ready to Fight Your Drug Possession Charge?

If you’ve been charged with drug possession, don’t face it alone. Call Lee D. Cox, Criminal Defense Attorney, today to schedule your confidential consultation. Protect your rights, your future, and your freedom.

Is Marijuana Legal in Texas in 2025? What You Need to Know

Is Marijuana Legal in Texas in 2025? What You Need to Know

As more states move toward full marijuana legalization, Texans are asking a crucial question in 2025: Is marijuana legal in Texas?

The short answer: Recreational marijuana is still illegal in Texas. While some forms of medical marijuana are allowed under tightly regulated conditions, most cannabis products containing more than 0.3% THC remain prohibited.

In this updated guide, we’ll break down current marijuana laws in Texas, recent legislative changes, the penalties for possession, and what you can do if you’re facing a marijuana-related charge in Fort Bend County or surrounding areas.

What Is Considered Marijuana Possession in Texas?

Under Texas law, possession of marijuana means knowingly or intentionally having a usable quantity of cannabis — even a small amount — on your person or property.

Texas classifies marijuana as a Schedule I substance, mirroring federal law. While the state has made limited exceptions for medical use, most forms of cannabis with psychoactive THC content are illegal outside those exceptions.

You can be charged with possession for:

  • Flower (plant material)

  • Cannabis oil or concentrates

  • Edibles

  • Vape cartridges containing THC

  • Any amount of Delta-9 THC exceeding 0.3%

The Difference Between CBD, Hemp, Medical Marijuana & Recreational Marijuana in Texas

Understanding the legal definitions is key to knowing what’s legal — and what can still get you arrested:

Product THC Threshold Legal Status in Texas
Hemp ≤ 0.3% Delta-9 Legal for cultivation, sale, and use
CBD (from hemp) ≤ 0.3% Delta-9 Legal when derived from hemp
Delta-8 THC ≤ 0.3% Delta-9 Legal in some counties; gray area legally but generally tolerated
Medical Marijuana 0.3–1.0% Delta-9 Legal only with prescription under the Texas Compassionate Use Program
Recreational Marijuana > 1.0% Delta-9 Still illegal for any purpose in Texas

Even if you believe you’re within a legal threshold, a lab test or misunderstanding can lead to arrest and prosecution. When in doubt, consult a criminal defense attorney.

Penalties for Marijuana Possession in Texas (2025)

Possession of marijuana — even in small amounts — carries criminal penalties unless you qualify under a medical exemption.

Charge Level Amount Possessed Penalty
Class B Misdemeanor Less than 2 oz Up to 180 days in jail + $2,000 fine
Class A Misdemeanor 2–4 oz Up to 1 year in jail + $4,000 fine
State Jail Felony 4 oz – 5 lbs Up to 2 years in jail + $10,000 fine
3rd Degree Felony 5–50 lbs Up to 10 years in prison + $10,000 fine
2nd Degree Felony 50–2,000 lbs Up to 20 years in prison + $10,000 fine
1st Degree Felony Over 2,000 lbs Life in prison + up to $50,000 fine

Possession with intent to distribute, growing marijuana, or possessing concentrated THC products (like wax, oils, or edibles) can result in felony charges, even in smaller amounts.

Can First-Time Offenders Avoid Jail Time?

Yes, especially if you have no prior criminal record. In Fort Bend County and nearby jurisdictions, options may include:

  • Pretrial diversion programs

  • Drug treatment programs

  • Deferred adjudication

  • Probation instead of jail time

An experienced criminal defense attorney can advocate for these alternatives and work to keep your record clean.

Timeline of Recent Marijuana Law Changes in Texas

Texas has been slow to embrace cannabis reform, but progress has been made:

  • 2015: Compassionate Use Act allows low-THC cannabis for epilepsy patients

  • 2019: HB 1325 legalizes hemp and CBD with less than 0.3% Delta-9 THC

  • 2021: HB 1535 expands medical marijuana to include PTSD and cancer patients; raises THC cap to 1.0%

Still, marijuana remains illegal for recreational use in all Texas counties — including Fort Bend, Harris, and Brazoria.

Is Legalization Coming to Texas?

While full legalization hasn’t yet occurred, the political and cultural climate is shifting:

  • Public support is growing — recent polls show a majority of Texans support legalization

  • Neighboring states like New Mexico and Oklahoma allow cannabis sales

  • Federal legalization efforts may push Texas to reconsider its position

For now, however, marijuana possession remains a criminal offense in Texas — and charges can carry life-altering consequences.

Do You Need a Lawyer for a Marijuana Charge in Texas?

Yes. Even small possession cases can damage your record, cost you your job, or affect child custody and housing.

Attorney Lee D. Cox has more than 20 years of experience defending drug cases in Fort Bend County, Richmond, Sugar Land, and throughout Southeast Texas. He can:

  • Fight to get charges dismissed or reduced

  • Help first-time offenders avoid jail

  • Explore expunction or record sealing if eligible

📞 Charged with Marijuana Possession? Call Now.

If you’ve been charged with marijuana possession in Texas, don’t take chances. Contact Attorney Lee D. Cox for a confidential consultation today.

Call 281-762-7345 to speak with a Fort Bend criminal defense attorney who knows how to fight cannabis charges — and win.

20+ Years of Experience in Criminal Defense

I began my career with the District Attorney’s office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.

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