The Texas Legislature regulates the penalty for
possession of a controlled substance in Texas. However, according to the Texas Health and Safety Code, the
Texas Legislature delegated to the Texas Department of State Health Services.
The Texas Health and Safety Code determines what is possession and divides
controlled substances into five separate penalty groups.
There are some drugs that are legal to possess, SO LONG AS you have a legal
prescription for the drugs. Texas makes it a crime to possess these
prescription drugs without a prescription. The Texas Health and Safety Code establishes what
the punishment will be.
To determine whether one is a charged with a felony or misdemeanor is completely
dependent on the penalty group the drug is in and the total weight of
the drug. Stay tuned with this blog as we continue to explore the five
different penalty groups and punishments associated with drug possession.