Possession of Controlled Substance
Possession of Controlled Substance (PCS)
In Texas, possession of a controlled substance refers to the unlawful custody, care, or control of drugs classified into different penalty groups. The criminal offenses for various substances are defined under the Texas Health and Safety Code. Penalties for possession depend on the type and quantity of the substance and can range from a Class B misdemeanor to an enhanced first-degree felony.
Drug Penalty Groups in Texas:
- Penalty Group 1 includes: cocaine, “crack,” heroin, methamphetamine, GHB, ketamine
- Penalty Group 1-A includes: LSD
- Penalty Group 1-B includes: Fentanyl
- Penalty Group 2 includes: Hallucinogens, including THC, central nervous system depressants
- Penalty Group 2-A includes: Synthetic marijuana/cannabinoids. Note: delta-8, delta-10, and THCA are not in this group. They are charged as THC under Penalty Group 2.
- Penalty Group 3 includes: stimulants and depressants like Ritalin, benzos, Xanax. Also includes anabolic steroids, barbiturates
- Penalty Group 4 includes: narcotics that include codeine and morphine
Possession of Drug Paraphernalia
Possessing items used for drug processing, packaging, or consumption can result in a Class C misdemeanor charge, punishable by a fine of up to $500. If charged with distributing or possessing paraphernalia with intent to distribute, the charge escalates to a Class A misdemeanor.
Hemp or Marijuana? The Line Has Moved.
Texas separates legal hemp from illegal marijuana using THC content. Until recently, the only question was how much delta-9 THC a product contained: 0.3% or less by dry weight was legal hemp, and anything above that was marijuana.
That is no longer the whole test. On July 31, 2026, Texas reclassified delta-8 THC, delta-10 THC, THCA, and THCP as controlled substances no matter how little delta-9 they contain. Products that were sold openly in Texas smoke shops for years are now treated as felony drugs.
What is still legal: hemp products containing 0.3% or less delta-9 THC by dry weight, sold to adults 21 and older. CBD is unaffected.
What is now illegal: delta-8, delta-10, THCA flower and pre-rolls, THCP, and converted or synthesized THC.
If you bought a product legally in Texas before July 31, 2026 and were arrested with it afterward, the date matters enormously to your defense. So does whether the state can actually prove which cannabinoid it tested. These cases are won on lab work and timing, and they require a lawyer who is tracking the changes. Call us at (903) 533-9000.
Possession of Marijuana in Texas
Marijuana is not in any penalty group. It has its own statute and its own penalty scale, measured in ounces and pounds rather than grams. Here is how the amounts break down:
| Amount | Offense Level | Punishment Range |
|---|---|---|
| 2 oz or less | Class B misdemeanor | Up to 180 days jail, fine up to $2,000 |
| More than 2 oz to 4 oz | Class A misdemeanor | Up to 1 year jail, fine up to $4,000 |
| More than 4 oz to 5 lbs | State jail felony | 180 days to 2 years, fine up to $10,000 |
| More than 5 lbs to 50 lbs | Third degree felony | 2 to 10 years, fine up to $10,000 |
| More than 50 lbs to 2,000 lbs | Second degree felony | 2 to 20 years, fine up to $10,000 |
| More than 2,000 lbs | Enhanced first degree | 5 to 99 years or life, fine up to $50,000 |
Possession of Dangerous Drug
Under the Texas Health and Safety Code, dangerous drugs are defined as any drugs not listed in Schedules I through V or Penalty Groups 1 through 4. Essentially, these are medications deemed unsafe for self-medication and labeled as “prescription only.”
Dangerous drugs can only be legally dispensed by a licensed pharmacist. Possessing a dangerous drug without a valid prescription or intending to sell such substances can result in criminal charges for possession of a dangerous drug.
Texas Diversion Programs
Texas law allows for diversion programs in response to jail overcrowding and the nonviolent nature of marijuana offenses. Larger counties are required to have drug courts, providing treatment options rather than jail time. These programs create opportunities to resolve drug charges without severely impacting your future. Unfortunately, some jurisdictions (counties) in Texas, like Smith County, do not offer diversion programs.
To ease your mind about your situation and to ensure the best possible outcome for your drug charge, reach out to Murphy & Baker Law Firm for a consultation and full review of your drug case in Tyler, Smith County, Texas and surrounding areas. We’re here to help guide you through your options and protect your future. Call us now to get started.
If you need dedicated, effective legal representation call Murphy & Baker Law Firm @ 903-533-9000 for a free consultation.
This page reflects Texas law as of September 9, 2026. Drug laws, particularly those involving hemp and THC products, have changed repeatedly and are subject to pending litigation. Contact us for current information about your specific situation.
Disclaimer
The information provided on this website is for general informational purposes only and should not be considered legal advice. Viewing this website or communicating through it does not create an attorney-client relationship. An attorney-client relationship is established only through a signed agreement with Murphy & Baker Law Firm, PLLC.
Consultations are available by appointment only.