Drug possession is any control or physical custody over a particular amount of illegal drugs and/or controlled substances. Many people throughout the state of Texas are arrested every day for possession of illegal drugs, so learning the average bail amount is very important if you or a loved one have recently been arrested for drug possession.
What is the average bail for drug possession in Texas? The average bail bond amount depends on various factors, the severity of the crime, the status and nature of the offense, the amount of drug(s) found in possession of the accused individual, the criminal record history, etc.
How is the Bail Amount Determined?
The bail bond system in Texas is similar to the rest of the states in the USA. When arrested for drug possession, the judge will set the total bail amount that the defendant needs to pay in order to secure their release from jail. The total bail amount depends on the severity of the case, whether the defendant has been charged with prior criminal convictions, is a risk to society, etc.
There are multiple options that you have when you’ve been arrested for drug possession and you are awaiting trial. You can choose to stay in custody, pay the total bail amount or hire a local bail bond agent to post bond on your behalf. A Texas based bail bond agent will charge you a nonrefundable fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. If you are curious about how much your nonrefundable fee will be, use our online bail bond calculator.
Types of Charges
The charges are classified into several groups.
● Group 1 Charges
This group involves several drugs like heroin, cocaine, codeine, crystal meth, methamphetamine, ketamine, mescaline, hydrocodone, oxycodone, and magic mushrooms. According to the Texas Health and Safety Code, Section 481.115, the possession of 1 gram of any substance in this group is considered a state jail felony.
Possession of more than 200 grams, but fewer than 400 grams of a controlled substance illegally, is punishable as a 1st-degree felony. If the person is possessing up to 200 grams of an illegal drug, it’s considered a 2nd-degree felony. A possession of 1 gram or more, but fewer than 4 grams is a 3rd-degree felony.
● Group 2 Charges
Illegal substances like PCP, hashish, ecstasy or other cannabinoids from marijuana or cannabis belong in Group 2, and if the person possesses less than 1 gram of any of these substances, they can be charged with a state jail felony.
The classification of possession is the same as in group 1, with the 1st, 2nd, and 3rd-degree felonies respectively.
The possession of a controlled substance in this group is punishable according to the Texas Health and Safety Code, Section 481.16.
● Group 3 Charges
The drugs in group 3 are Valium, Xanax, benzodiazepines, anabolic steroids, Ritalin, and opioids that are not classified in group 1. The charges are determined according to the Texas Health and Safety Code, Section 481.114.
Possession of fewer than 28 grams of Xanax or any other controlled substance in the category is charged as a Class A misdemeanor. If the person possesses more than 400 grams it’s considered a 1st-degree felony; more than 200 grams, but less than 400 grams is a 2nd-degree felony and possession of more than 28 grams, but fewer than 200 grams is a 3rd-degree felony.
● Group 4 Charges
The illegal drugs in this category are prescription medications with the potential for abuse by the patient, drugs not listed in groups 1 and 3, and several chemical compounds. The charges in group 4 are punishable according to the Texas Health and Safety Code, Section 481.118.
What are the Penalties?
The penalties for drug possession in Texas fall into several categories and are classified as:
- Class A misdemeanor – fines of up to $4,000 and/or up to 1 year in prison.
- Class B misdemeanor – fines of up to $2,000 and/or up to 180 days in jail.
- Class C misdemeanor – the penalty for this type of charge is a fine of up to $500.
Besides the misdemeanor offenses, many drug possession charges can be charged as felonies. The different potential punishments for felonies are below:
- 1st-degree felony – Up to 99 years in prison and/or fines from $50,000 up to $250,000; this is the harshest type of felony in the penalty groups.
- 2nd-degree felony – is charged with fines of up to $10,000 and 2 to 20 years in prison.
- 3rd-degree felony – penalties are fines of up to $10,000 and 2 to 10 years in prison.
However, the court may increase or decrease the individual’s penalty, based on the free-zone occurrence; which means, if the drugs were found in a drug-free zone, the accused person may or may not be charged, depending on the zone and amount of drugs.
Possession of Marijuana
If the person possesses a small amount of marijuana it is considered a Class B misdemeanor, which accounts for less than 2 ounces. The amount of marijuana possessed will determine the severity of the penalty and the potential felony charges.
Possession of more than 2,000 pounds of marijuana is charged as a 1st-degree felony, while less than that is considered a 2nd-degree felony. Any possession with less than 50 pounds is classified as a 3-degree felony, or a state jail felony if the amount is less than 5 pounds.
What to do if you are Accused of Drug Possession
If you’ve been accused and arrested for the illegal possession of drugs or controlled substances, the first step is to contact a defense attorney and prepare for the legal battle in court and fight the criminal drug possession charges. Once you have hired a defense attorney and your total bail amount has been set, work with a Texas bail bond agent to post bond on your behalf. Once your bond has been posted, make sure to follow the rules set by the bondsman so that your bond is not revoked and you are sent back to jail.