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Possession of Opioids

Opioids are a type of substances that act on opioid receptors to create a euphoric and sedated effect. There are many types of opioids such as heroin, fentanyl, oxycodone (OxyContin) and hydrocodone (Vicodin). While the medical community uses opioids for pain relief, the state of Texas has outlawed possessing opioids for recreational use. Using, manufacturing or possessing any type of opioid can result in serious penalties if you’re found guilty.

Due to its extremely addictive nature, the state of Texas has implemented harsh penalties for possessing opioids. Possessing even trace amounts of an opioid substance could lead to felony charges. If you or someone you know has been charged with possession or sale of opioids, then it’s highly recommended you seek an experienced criminal defense attorney.

Attorney for Possession of Opioids in Austin, TX

The consequences associated with opioids are incredibly sever and nothing to take lightly. Even simple accusations could ruin a person’s professional and personal relationships. If you have been arrested for possessing or using opioids, we recommend you call The Law Office of Kevin Bennett.

Attorney Kevin Bennett has years of experience from representing clients accused of drug crimes. No case is too big for Kevin Bennett and he approaches each client with the utmost compassion and care. This is because attorney Bennett has an immense passion for defending his client’s rights and future.

To set up an appointment call (512) 476-4626 for your first consultation free. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, Pflugerville, Lakeway, Lago Vista, Del Valle and West Lake Hills.

Overview of Possession of Opioids in TX


What Are Opioids?

Drugs that act on opioid receptors and produce morphine-like effects are known as opioids. Opioid receptors can be found in the central and peripheral nervous system and gastrointestinal tract, which is why users often ingest or inject opioids to achieve a euphoric and hallucinatory feeling. Opioids can occur in nature or are artificially made by humans.

Opioids are often used in a medical setting for treatment such as suppressing diarrhea, suppressing coughs or treating for pain. It’s also used for replacement therapy for opioid use disorder or to reverse an opioid overdose. The Drug Enforcement Administration (DEA) determines the drug to be high-risk due to its tendency to induce chemical dependency. Opioid crimes have surged in the last ten years and have led to an opioid crisis in the United States. The United Nations Office on Drugs and Crime reported that 28 and 38 million people used opioids illicitly around the world.


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Types of Opioids

The term opioids refer to a class of drugs rather than an individual one. There are many types of opioid substances including opium, heroin, codeine, Tramadol, morphine Fentanyl and more. Most people possess one of the following opioids: prescription opioids, Fentanyl and heroin.

It’s an unfortunate reality that most opioid addicts start off as simple patients. Prescription opioids are used to treat moderate to severe pain and usually are prescribed after surgery or an injury. Some prescribed patients may overuse and abuse their prescription to handle their chronic pain or medical conditions. This can sadly lead to addiction and even cause some to resort to street opioids when they are no longer able to take their medication.

Some examples of prescription opioids include:

  • Oxycodone (OxyContin);
  • Hydrocodone (Vicodin);
  • Methadone;
  • Percocet;
  • Oxymorphone (Opana);
  • Morphine (Kadian, Avinza); and
  • Codeine

Another common opioid is fentanyl, which is a synthetic opioid pain reliver. Fentanyl is usually prescribed by a medical professional for cases of extreme pain such as advanced cancer. It’s typically 50 to 100 times more potent than morphine and is prescribed in incredibly small amounts to avoid misuse. This hasn’t deterred opioid addicts, however, as fentanyl-related overdoses are on the rise in the United States. Fentanyl can also be illegally manufactured and sold through illicit drug markets mixed with heroin and/or cocaine.

The last kind of opioid is heroin, which is made from natural morphine. It can appear white, brown or as a black sticky substance known as black tar heroin. Users inject the substance directly into the body to obtain a blissful and sedated high.


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Penalties for Opioid Possession in Texas

Texas has implemented some of the harshest penalties for opioid users by categorizing opioids under Group 1 under their Drug Schedule. The penalties for possession opioids in Texas include:

Weight of Opioids (gram)SentencePrison termFine
<1 gramState Jail Felony180 days – 2 years< $10,000
1 gram–4 gramsSecond Degree Felony2-20 years< $10,000
4 grams–200 gramsFirst Degree Felony5-99 years< $10,000
200 grams–400 gramsLife Felony10-99 years< $100,000
>400 gramsLife Felony15-99 years< $250,000

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Additional Resources

Narcotics (Opioids) – Visit the official website for the Drug Enforcement Administration to learn more about opioids and their effects. Access the site to learn the origins of opioids and other important information regarding the drug.

Opioid Laws in Texas – Visit the official website for the Texas Penal Code to learn more about opioids and their penalties. Access the site to learn the consequences for possession, manufacturing or sale of opioids and other related drugs.


Defense Lawyer for Opioid Possession in Travis County, Texas

If you or someone you know has been charged with possession of opioids, then it’s imperative you seek legal counsel that is experienced and compassionate to their clients. Find that defense lawyer with Kevin Bennett. He is an Austin-raised attorney who approaches each client with understanding and utmost care.

To set up an appointment call (512) 476-4626 to set up your first consultation free. During your consultation, Kevin Bennett will discuss your charges and answer all your legal questions. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Lago Vista, Austin, Pflugerville and West Lake Hills.


This article was last updated on September 27th, 2019.

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