In Texas, the possession of small amounts of certain controlled substances like marijuana can result in a felony or misdemeanor charge depending on the amount. This article examines Texas’ drug laws to determine if possessing 2 ounces of marijuana or other drugs would be considered a felony.
What determines if drug possession is a felony in Texas?
Texas’ drug laws categorize controlled substances into Penalty Groups based on their potential for abuse and danger. The specific Penalty Group a drug falls under determines how much of that drug must be possessed to trigger a felony charge.
For marijuana, being caught with:
- Less than 2 oz is a class B misdemeanor
- 2 oz to 4 oz is a class A misdemeanor
- 4 oz to 5 lbs is a state jail felony
- 5 lbs to 50 lbs is a 2nd degree felony
- 50 lbs to 2,000 lbs is a 1st degree felony
- Over 2,000 lbs is punishable by a minimum of 10 years to life in prison
So for marijuana specifically, possessing exactly 2 oz would not be enough to qualify as a felony charge in Texas.
What are the felony thresholds for other drugs in Texas?
While the dividing line between misdemeanor and felony for marijuana is 4 oz, other controlled substances have much smaller thresholds for felony charges. For example:
- Cocaine: Possession of less than 1 gram is a state jail felony
- Methamphetamine: Possession of less than 1 gram is a state jail felony
- Heroin: Possession of less than 1 gram is a state jail felony
- Ecstasy: Possession of less than 1 gram is a state jail felony
- LSD: Possession of less than 20 abuse units (typically tablets or capsules) is a state jail felony
- PCP: Possession of less than 200 mg is a state jail felony
Given the very small amounts required for felony charges, possession of 2 ounces would be a felony for any of these substances under Texas law.
Penalties for drug possession felonies in Texas
In Texas, drug possession felonies fall into two main categories:
- State Jail Felonies: This is the lowest level felony charge in Texas. It applies to possession of less than 1 gram of substances like cocaine, heroin, methamphetamine and others. State jail felonies are punishable by 180 days to 2 years in state jail and/or a fine up to $10,000.
- Third Degree Felonies: This applies to possession of larger amounts, like 4-200 grams of cocaine or 4-400 grams of methamphetamine. Third degree felonies are punishable by 2 to 10 years in prison and/or a fine up to $10,000.
These penalties can be harsh, especially for possession of very small amounts of illegal narcotics that many other states would consider minor misdemeanors. Prosecutors sometimes reduce charges in exchange for cooperation or plea deals, but there is no guarantee of avoiding felony status at trial.
Are there exceptions to the felony thresholds?
There are a couple circumstances where small amounts of illegal drugs may not lead to felony charges:
- First Offense Marijuana Possession: Possession of 2 oz or less of marijuana can qualify as a class B misdemeanor if it is the defendant’s first offense.
- Hemp/CBD Products: Possession of hemp-derived CBD oil containing less than 0.3% THC is not punishable as a drug offense in Texas following the legalization of hemp.
Outside of these exceptions, just trace amounts of illegal drugs can carry stiff penalties under Texas law.
Are there defenses available to drug possession charges?
Even when the evidence clearly shows possession of illegal drugs occurred, there are defenses that may avoid or lessen penalties in some circumstances:
- Lack of Knowledge: Defendants may claim they did not know the substance in their possession was illegal. This is most often invoked in residue or small quantity cases.
- No Intent to Possess: Defendants may argue the drugs were not theirs or they had no intent to possess or control them. For example, if drugs were found in a car, passengers may argue they were left by someone else.
- Entrapment: Undercover officers pressuring someone into purchasing or handling illegal drugs against their will is considered entrapment and a valid defense.
The viability of a defense depends heavily on the specific facts of the case. Skilled legal representation is key when fighting drug possession charges in Texas.
Conclusion
Texas has very strict drug laws that classify tiny amounts of many controlled substances as felonies. While 2 ounces of marijuana avoids felony status, just 1 gram of drugs like cocaine, heroin, methamphetamine and others crosses the felony line.
The potential penalties are severe, including years in prison and heavy fines even for trace drug possession. However, experienced criminal defense counsel may be able to challenge the charges utilizing several defenses that can limit or avoid penalties in some cases. Anyone facing drug charges in Texas should obtain legal advice from a law firm versed in the state’s complex and unforgiving drug laws.
| Drug | Felony Threshold in Texas |
|---|---|
| Marijuana | 4 oz |
| Cocaine | Less than 1 gram |
| Methamphetamine | Less than 1 gram |
| Heroin | Less than 1 gram |
| LSD | Less than 20 units |
| PCP | Less than 200 mg |
This table summarizes the very small amounts of common illegal drugs, other than marijuana, needed to trigger felony charges for possession under Texas law. As shown, limits are typically less than one gram.
Possession Penalties By Drug Amount
| Drug | Amount | Charge | Penalty |
|---|---|---|---|
| Marijuana | 2 oz | Class B misdemeanor | Up to 180 days in jail and/or $2,000 fine |
| Cocaine | 2 oz (57 grams) | 2nd or 3rd degree felony | 2-10 years in prison and/or up to $10,000 fine |
| Methamphetamine | 2 oz (57 grams) | 2nd or 3rd degree felony | 2-10 years in prison and/or up to $10,000 fine |
| LSD | 2 oz (estimated 340 units) | 1st degree felony | 5-99 years in prison and/or up to $10,000 fine |
This table illustrates how possession of the same 2 ounce weight of different illegal drugs can lead to dramatically different charges and penalties under Texas law. Two ounces of marijuana avoids felony status, while 2 ounces of drugs like cocaine or LSD is severely punished.
Defenses Against Drug Possession Charges
| Defense | Description | Example |
|---|---|---|
| Lack of Knowledge | Defendant was unaware the substance was illegal | Trace amount consistent with unknowing contact |
| No Intent to Possess | Drugs were not defendant’s or no intent to control them | Drugs found in a car’s back seat |
| Entrapment | Police improperly induced defendant to commit crime | Undercover pressure to buy or sell drugs |
This table provides an overview of common defenses used to fight drug possession charges even when the facts clearly show drugs were present. Experienced legal counsel can advise on whether any of these defenses may apply.
Conclusion
Texas has very strict drug laws that classify trace amounts of many controlled substances as felonies. While 2 ounces of marijuana avoids felony status, just 1 gram of drugs like cocaine, heroin, methamphetamine and others crosses the felony line.
The potential penalties are severe, including years in prison and heavy fines even for small quantity drug possession. However, experienced criminal defense counsel may be able to challenge the charges utilizing several defenses that can limit or avoid penalties in some cases. Anyone facing drug charges in Texas should obtain legal advice from an attorney versed in the state’s complex and unforgiving drug laws.
