Drug Possession

Weight Matters

When it comes to drug possession, the severity of the charge largely depends on two factors: the type of drug and the weight of the drug.  There are many other factors that may play a role in determining how you are charged, such as:

  • Were you in a drug-free zone?
  • Were you selling drugs?
  • Did it look like you might sell the drugs?
  • Were you manufacturing drugs?
  • Were firearms involved?
  • Did you attempt to eat or destroy the drugs?
  • Did you take drugs into a jail?

Drug charges range from a minor ticket to a 1st Degree Felony.  It is important to know what you are charged with so that McLaughlin Law can tailor a proper defense.  There are also diversion programs available for most young, first-time offenders.  

Possession of Marijuana

Even though many states have begun to legalize marijuana, possessing marijuana is still illegal in Texas.  Possession of less than four ounces of marijuana is considered a misdemeanor offense.  Anything over four ounces, but less than five pounds, is a State Jail Felony.  Since marijuana is lightweight, it takes a lot to reach a felony level offense.    

Possession of a Controlled Substance

Controlled substances are defined through the Texas Health and Safety Code.  Controlled substances are categorized by Penalty Groups.  Penalty Group 1 is the most severe group.  It is comprised of substances like cocaine, methamphetamine, and heroin.  Possession of a usable amount of any of these substances is automatically a felony offense.  Possession of even less than one gram is a State Jail Felony.  


Other penalty groups contain some very commonly prescribed medicines.  Not having a prescription for drugs such as Codeine or Xanax can land you in jail.  

What is Possession?

Under Texas Law, possession does not mean ownership.  Instead, possession means having care, custody, control, or management over something.  It is difficult to say that you did not possess something if it is in your pants pocket.  However, what if officers find a baggie of heroin in the center console of a car in which you were just a backseat passenger?  What if you were sleeping in your bedroom when police break down your door and find cocaine in the kitchen?  The further you are from the drugs, the better.  However, the State may still try to pin the drugs on you.  That's why you need a dedicated attorney to fight for you.  Whether you are charged with Possession of Marijuana or PCS, call McLaughlin Law in Fort Worth at 817-482-6263 to have a lawyer who is Board Certified in criminal law handle your case.