How long you go to jail for drug possession depends on several factors including the weight of the controlled substance and whether you have any prior convictions.
The answer runs from probation-only cases to 99 years in prison. On a first felony for under a gram of a drug like cocaine or meth, Code of Criminal Procedure Art. 42A.551 generally requires the judge to give probation instead of state jail time. Call (713) 664-4000 and we’ll tell you where your case falls. By working with a drug possession lawyer in Houston, TX, you can have your rights protected in court while your case moves forward.
Possession of a Controlled Substance
Chapter 481- Texas Controlled Substances Act defines a controlled substance as, “a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.”
The Texas Controlled Substances Act outlines the charges any person found guilty of possessing a controlled substance may face. If found guilty of possessing a substance in Group 4, defendants may face Class B misdemeanor charges. Per Penal Code Chapter 12. Punishments, offenders may receive jail time lasting no longer than 180 days, a fine that does not exceed $2,000, or both. Penalty Groups 1 through 3 can carry far more time, and the weight decides how much.
The top of the range for possession is 10 to 99 years or life and a fine up to $100,000, for 400 grams or more of a Penalty Group 1 drug (Health and Safety Code § 481.115(f)).
Jail time by weight for cocaine, meth and heroin
Cocaine, meth and heroin are Penalty Group 1 drugs. Under Health and Safety Code § 481.115, the weight (including any cutting agent) sets the range:
- Under 1 gram: state jail felony, 180 days to 2 years
- 1 to 4 grams: third-degree felony, 2 to 10 years
- 4 to 200 grams: second-degree felony, 2 to 20 years
- 200 to 400 grams: first-degree felony, 5 to 99 years or life
- 400 grams or more: 10 to 99 years or life and a fine up to $100,000
Below 400 grams, each felony level also carries a fine up to $10,000. Penalty Group 2 and 3 drugs (pills like ecstasy or Xanax) top out at a $50,000 fine (§§ 481.116(e), 481.117(e)). Those are the ranges on paper. Whether you actually see the inside of a cell depends on how the search happened and who’s handling your case. Call (713) 664-4000 and we’ll look at yours.
As marijuana becomes legalized in other states, both recreationally and medically, Texas has a different set of rules for the drug. Marijuana possession turns on weight: 2 ounces or less is a Class B misdemeanor, more than 2 and up to 4 ounces is a Class A misdemeanor, and more than 4 ounces is a felony (Health and Safety Code § 481.121). The minimum punishment for this crime could include up to 180 days of jail time, a fine not exceeding $2,000, or both. Maximum sentencing could be up to 99 years in prison and a fine not exceeding $50,000.
How a Lawyer Can Help After Your Drug Possession Charge
You don’t want to face drug possession charges alone. You want someone on your side fighting for your future while you go through the legal process. Blass Law knows how to handle drug charges. Our goal is a dismissal or a not-guilty verdict, and when that isn’t realistic, a result that keeps you out of jail.
You have certain protections under the law. For example, you have fourth amendment rights, as illustrated in the Constitution. If you believe that law enforcement without a warrant or probable cause searched you or your property, we may be able to factor this element into your case.
Some of the other services that a lawyer can provide include:
- Examining the charges against you
- Developing a plan of action from the onset of your working relationship
- Collecting evidence that supports your account of events
- Analyzing legal precedents to determining what role they could have in your sentencing
- Establishing whether the evidence against you is admissible
- Advocating on your behalf
Having a dedicated legal team on your side can be all the difference when it comes down to your sentencing.
Steps You Can Take to Be Ready for Your Legal Fight
While a legal professional is handling your case, you may wonder what you can do to strengthen your chances of getting a favorable outcome, including:
- Discontinuing any drug or alcohol use
- Refraining from speaking about your case on social media
- Not sharing any information with any state representatives; instead, direct them to your legal team
- Following every bond condition to the letter, including any travel restriction
- Distancing yourself from other people who may be involved in your charges
There’s no guarantee these steps will get you a shorter sentence or lower fines. But they can keep you from being hit with additional penalties. A drug charges lawyer in Houston, TX can explain what other steps you can take to help resolve your case.
Blass Law Offers a Free Case Review
Blass Law has the resources to resolve your situation. We know what rights Texas law gives you, and we work to protect them. Once we’ve taken you on as a client, we’ll go over the charges against you. Tell us every detail, even the ones you’d rather not, so we can plan how we’ll approach your case.
The sooner you start working with our team, the sooner you’ll know someone is fighting for your rights. Call Blass Law today at (713) 664-4000.
A Houston DWI and criminal defense attorney since 2009 who has never worked for the prosecution. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and a commissioner on the Texas Indigent Defense Commission, appointed by Gov. Abbott in 2023.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →