Misdemeanor Drug Charges in Texas - What You Need to Know

In Texas, misdemeanor drug charges are taken seriously, with penalties varying based on the type and quantity of the controlled substance involved. Understanding these charges, their potential consequences, and available defenses is crucial for anyone facing such allegations.

Classifications of Misdemeanor Drug Charges

Texas classifies controlled substances into specific penalty groups, which influence the severity of the charges:

Possession of Marijuana:

Less than 2 ounces: Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
2 to 4 ounces: Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.
Possession of Controlled Substances:

Penalty Group 2-A (Synthetic Cannabinoids):
Less than 2 ounces: Class B misdemeanor.
2 to 4 ounces: Class A misdemeanor.
Penalty Group 3 (Certain Prescription Drugs without a Prescription):
Less than 28 grams: Class A misdemeanor.
Potential Penalties

Convictions for misdemeanor drug offenses can result in:

Incarceration: Ranging from up to 180 days for Class B misdemeanors to up to 1 year for Class A misdemeanors.
Fines: Up to $2,000 for Class B misdemeanors and up to $4,000 for Class A misdemeanors.
Additional Consequences: Including probation, mandatory drug education programs, community service, and a permanent criminal record, which can affect employment and housing opportunities.
Defenses to Misdemeanor Drug Charges

Several defenses may be applicable, depending on the case specifics:

Unlawful Search and Seizure: If evidence was obtained without proper warrants or probable cause, it might be inadmissible in court.
Lack of Knowledge: Arguing that the defendant was unaware of the presence of the controlled substance.
Medical Necessity: In rare cases, demonstrating that the drug was used for legitimate medical purposes.
Legal Assistance

Navigating misdemeanor drug charges requires a thorough understanding of Texas laws and effective defense strategies. The Law Office of Robert M. Maurer II & Associates specializes in criminal defense and can provide the necessary guidance and representation to protect your rights and pursue the best possible outcome.