Consequences of a Possession of a Controlled Substance Arrest in Texas

What Are the Consequences of a Possession of a Controlled Substance Arrest in Texas?

A possession of a controlled substance (POCS) arrest in Texas is a serious matter that can carry life-changing consequences. Whether it’s a small amount of a prescription drug or a more serious charge involving narcotics like methamphetamine, cocaine, or fentanyl, Texas law treats drug possession harshly — and the penalties can be steep.

This post breaks down what you need to know if you’re facing a possession charge in Texas.

What Is Considered a “Controlled Substance” in Texas?

Texas classifies controlled substances into Penalty Groups, outlined in the Texas Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code). These include:

• Penalty Group 1: Cocaine, methamphetamine, heroin, fentanyl

• Penalty Group 1A: LSD and related hallucinogens

• Penalty Group 2: Ecstasy, PCP, and synthetic cannabinoids

• Penalty Group 3: Xanax, Ritalin, Valium (common prescription meds)

• Penalty Group 4: Codeine-based syrups and compounds

The penalties vary depending on the penalty group and the amount found in possession.

Potential Legal Consequences

The consequences of a drug possession arrest in Texas can include:

1. Criminal Charges and Jail Time

• Less than 1 gram (Penalty Group 1 or 2): State Jail Felony
  → 180 days to 2 years in state jail, up to $10,000 fine

• 1 to 4 grams: Third-Degree Felony
  → 2 to 10 years in prison

• Over 4 grams: Felony of increasing degree depending on weight (can reach 99 years in prison for large quantities)

Possession of even a trace amount of a controlled substance in Penalty Group 1 (like fentanyl residue on foil or a baggie) can lead to felony charges.

2. Probation or Deferred Adjudication

• First-time offenders may qualify for deferred adjudication or probation, which can help avoid a conviction.

• Some courts offer drug diversion programs as an alternative to jail, but completion is mandatory.

3. Permanent Criminal Record

• A conviction stays on your record and may affect:

  • Employment

  • Housing

  • College financial aid

  • Professional licensing

• Deferred adjudication may be sealed (nondisclosure) in some cases — but not all.

4. Driver’s License Suspension

• A conviction can lead to automatic suspension of your driver’s license for up to 180 days, even if the offense had nothing to do with driving.

5. Collateral Consequences

• Loss of gun ownership rights (for felony convictions)

• Immigration consequences for non-citizens

• Loss of eligibility for public benefits or housing

First-Time Possession: Is Jail Mandatory?

Texas law allows for leniency in certain first-time drug possession cases, especially those involving small quantities. In some situations:

• Courts may allow pretrial diversion (no conviction if successfully completed)

• The defendant may be eligible for mandatory probation instead of prison (see Texas Code of Criminal Procedure Art. 42A.551)

• Deferred adjudication can prevent a formal conviction, but any misstep can send the case back to sentencing

Even if jail isn’t mandatory, the charge itself is serious and can still carry long-term consequences.

Final Thoughts

A possession of a controlled substance arrest in Texas is more than just a criminal charge — it can shape your future. Understanding the potential legal, financial, and social impacts is important for making informed decisions after an arrest.

This blog post is informational only and not intended to offer legal advice or representation.

Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.