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Possession charges for prescription drugs

Some drugs have a high potential for abuse but are also helpful in treating certain medical conditions. If you have a need for them, your doctor can grant you access to them with a prescription.

However, if you are in possession of a drug for which you do not have a valid prescription, you could face felony charges. Texas organizes drugs used for illicit purposes into five penalty groups which are separate from, but related to, the federal government’s schedule of controlled substances.

What is Penalty Group One?

According to Greenhouse American Addiction Centers, the substances in Penalty Group One are those for which you can face the harshest consequences for possession. It includes Schedule I controlled substances with no accepted medical uses, such as Rohypnol and GHB. However, it also includes opioid pain medications available on a temporary basis with a prescription, including fentanyl and oxycodone.

What quantity of a Penalty Group One substance can incur felony charges?

It is a state jail felony in Texas to possess less than one gram of an unprescribed substance belonging to Penalty Group One. Often, this means that you could face felony charges for a single pill. The drug does not necessarily need to be on your person. Instead, it could be present in your home or in your car and still incur felony possession charges.

What are the possible consequences of a state jail felony conviction?

If the court convicts you of a state jail felony for drug possession, you may have to pay a fine of up to $10,000. Additionally, you could go to state prison for a period of six months to two years.