US Legal Forms
Legal Resources
Questions & Answers
Criminal
What are the penalties for first-time possession under one gram in Texas?

What are the penalties for first-time possession under one gram in Texas?

Full question:

What is the minimum and maximum sentence in the state of Texas for possession of a controlled substace under 1 gram first time drug offense?

Category: Criminal
Subcategory: Sentences
Date: 04/07/2025
State: Texas

Answer:

In Texas, possession of a controlled substance under one gram for a first-time offense is classified as a state jail felony. The penalties for this offense include:

A minimum sentence of 180 days and a maximum of two years in a state jail.
A fine of up to $10,000.

It's important to note that if the individual has prior convictions, the penalties may be more severe. The specific statute governing this is Texas Health & Safety Code § 481.115.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the minimum punishment for possession of controlled substances in Texas?

In Texas, the minimum punishment for possession of a controlled substance can vary based on the amount and type of substance. For a first-time offense involving less than one gram, it is classified as a state jail felony, carrying a minimum sentence of 180 days in state jail. Other amounts or types of substances may have different penalties. Always refer to Texas Health & Safety Code § 481.115 for specific details. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the charge of first-time drug possession in Texas?

In Texas, first-time drug possession, particularly for a controlled substance under one gram, is charged as a state jail felony. This classification can lead to significant penalties, including jail time and fines. The specific charge and penalties can depend on the substance involved and any prior offenses. Refer to Texas Health & Safety Code § 481.115 for more information. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the minimum sentence for possession of a controlled substance?

The minimum sentence for possession of a controlled substance in Texas, specifically for a first-time offense involving less than one gram, is 180 days in state jail. This is classified as a state jail felony. Penalties can increase with prior convictions or larger amounts. For more details, see Texas Health & Safety Code § 481.115. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the minimum sentence for a drug charge?

The minimum sentence for a drug charge in Texas depends on the specific offense. For possession of a controlled substance under one gram, the minimum is 180 days in state jail, classified as a state jail felony. Other drug charges may carry different penalties based on the substance and amount involved. Always check Texas Health & Safety Code § 481.115 for accurate information. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is a controlled substance penalty group 1 in Texas?

Controlled substance penalty group 1 in Texas includes substances that are considered to have a high potential for abuse and no accepted medical use. This group includes drugs like heroin, cocaine, and methamphetamine. Penalties for possession can be severe, with first-time offenses potentially leading to state jail felony charges. For specifics, refer to Texas Health & Safety Code § 481.102. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens to first-time offenders in Texas?

First-time offenders in Texas for possession of a controlled substance under one gram typically face a state jail felony charge. This can result in a minimum sentence of 180 days in state jail and fines up to $10,000. However, first-time offenders may also be eligible for alternative sentencing options, such as probation or drug treatment programs, depending on the circumstances. It's advisable to consult Texas Health & Safety Code § 481.115 for more information. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*