If you or a loved one has been charged with drug possession or distribution, you may be wondering about the average time you would serve, or how many years in jail for drug possession. Both state and federal courts are tough on all drug charges, including first-time drug possession charges in Texas, but that doesn’t mean you’re all out of options.
Winning drug possession cases takes an aggressive and experienced attorney. The drug trafficking attorneys at Sellers Law Firm have experience taking on everything from first-time possession charges to drug trafficking charges in Texas.
Types of drug possession charges
In general, how many years you’ll face in jail for drug possession charges is based on two factors: the type of drug possession charge, and the type of drug allegedly possessed.
The severity of charge is largely based on the amount of drugs allegedly possessed. Some common drug charges in Texas are:
- Possession of drug paraphernalia is the least severe of the drug possession charges, usually amounting to a misdemeanor. These charges, however, are often accompanied by other possession charges and are rarely the only charge incurred.
- Possession of a controlled substance can be thought of as your standard possession charge, with severity depending almost entirely on the schedule and amount of drug possessed.
- Distribution of a controlled substance is effectively a drug dealing charge, although money doesn’t necessarily have to exchange hands. You can be charged with distribution of a controlled substance for simply sharing drugs with another person.
- Possession with intent to manufacture a controlled substance is another drug dealing offense with harsh penalties. You will be charged with intent to manufacture if you are caught in possession of a substance in the midst of being manufactured, or on the way to being manufactured. This charge is always a felony.
People with questions about the severity of drug charges including “is possession of THC a felony in Texas?” may be disappointed that the answer is usually “it depends.” To really know how serious drug charges will be, you need a Fort Worth drug crime lawyer with sound knowledge, and experience defending drug crimes to analyze your case.
Federal drug schedules: How different types of drugs are prosecuted
Drug possession charges are dictated by how seriously those drugs are viewed by the prosecuting court. Drugs will be placed on a higher “schedule” based on their potential for abuse and lack of medical benefits, and higher-schedule drugs are prosecuted much more harshly.
What are Schedule 1 drug examples?
- Heroin
- LSD
- Mushrooms
- Marijuana
- Ecstasy
- Fentanyl
What are Schedule 2 drug examples?
- Cocaine
- Methadone
- Morphine
- Oxycontin
- Percocet
- Methamphetamine
- PCP
- Vicodin
- Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin)
What are Schedule 3 drug examples?
- Anabolic steroids
- Ketamine
- Combination products with less than 90 milligrams of codeine per dosage unit (Tylenol with codeine)
What are Schedule 4 drug examples?
- Xanax
- Valium
Note that these schedules are the way that these substances are stratified on the federal level. There is variance in how substances are seen and prosecuted at the state level. For instance, possession of marijuana, despite it being a Schedule I substance federally, will not be prosecuted with the same severity as the other Schedule I substances in most states.
What is the average sentence for a drug offense?
Based on the type of possession charge and the schedule of the drug allegedly possessed, you could be facing anything from a Class C misdemeanor to a 1st-degree felony. Here are the fines and jail sentences associated with these types of charges.
| Classification | Fine | Jailtime |
| Class C Misdemeanor | Up to $500 | Community service |
| Class B Misdemeanor | Up to $2,000 | Up to 180 days |
| Class A Misdemeanor | Up to $4,000 | Up to 1 year (county) |
| State Jail Felony | Up to $10,000 | 6 months – 2 years (state) |
| 3rd Degree Felony | Up to $10,000 | 2 – 10 years |
| 2nd Degree Felony | Up to $10,000 | 2 – 20 years |
| 1st Degree Felony | Up to $50,000 | 5 – 99 years |
| Enhanced Felony 1 | Up to $100,000 | 10 – 99 years |
Mandatory minimum sentences for drug possession are usually associated with drug trafficking and manufacturing, but for most drug possession charges you can expect to spend a night or two in jail. If you’re wondering “how many years in jail will I face for drug possession” you might want to change your thought to “if I get a good lawyer, who knows how to beat federal drug charges, can I give myself a better chance?” The answer is yes.
Wondering how many years in jail you’ll get for drug possession? Give yourself a chance at freedom with the attorneys at Sellers Law Firm
If you’re wondering how many years in jail you’ll serve for drug possession, you need to call a qualified attorney who can fight to lessen the penalties. The attorneys at Sellers Law Firm have years of experience fighting severe drug cases in both state and federal courts.
The sooner you hire a lawyer, the sooner they can start building your defense. The clock moves fast in drug possession cases, so don’t hesitate. Talk to an experienced attorney from Sellers Law Firm at (817) 928-4222 or schedule a free consultation online today. Your freedom could be one call or click away.
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