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Possession of Xanax

Many people incorrectly think that because Xanax can legally be obtained by prescription, that possession the drug is less serious than say an arrest for possession of marijuana, of which possession is not legal in the State of Texas.  However, the use of Xanax is highly regulated and carries stiff penalties for possession of the drug without a valid prescription.

As with most drug charges, the level of charges and potential penalties you may face for Xanax possession depends largely on the amount of Xanax you are alleged to have had in your possession and the circumstances involved in your case. 

If you’ve been charges with possession of Xanax, call an Austin drug defense lawyer Kevin Bennett at (512) 476-4626 today.

What Is Xanax? 

Xanax or Aprazolam is a medication that is used to combat anxiety, panic attacks and depression. The drug is customarily dispensed as a pill and has powerful effects on the body including acting as a sedative and muscle relaxer. However, because of these effects, Xanax is often used recreationally and is subject to abuse. Possession of Xanax in Texas without a valid prescription could lead to arrest and criminal drug charges being filed.

Is Possession of Xanax a Felony or Misdemeanor in Texas?

The Texas Health and Safety Code divides different substances into different control groups. Xanax is listed under Penalty Group 3 of the Texas Health and Safety Code. Under Penalty Group 3, both the classification of the Xanax charge and the punishment for possession of Xanax depend on the weight of the drug. For example, possession of less than 28 grams of Xanax is a Class A Misdemeanor in Texas. However, possession of 28 grams or more of Xanax but less than 200 grams is considered a third degree felony in Texas. T

Possession of Xanax with the intent to distribute is a much more serious crime, and you could be charged with a felony offense.  Possession of Xanax with the intent to distribute is punishable by time in state prison, as well as large fines and probation. Being charged with this drug distribution crime by a school or drug-free commercial zone could lead to additional criminal penalties.

Penalties for Possession of Xanax in Austin and Texas

A person commits a criminal offense if the person knowingly or intentionally possesses Alprazolam (Xanax), unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. The amount of Xanax is determined by aggregate weight including adulterants or dilutants.

If you have been arrested for possession of Xanax or for any other type of drug charge in Texas, you need a skilled criminal defense attorney to review your case and the circumstances of your arrest.

  • Possession of Less than 28 Grams of Xanax: Class A misdemeanor and carries up to one year in jail and/or up to a $4,000 fine.
  • Possession of more than 28 Grams but less than 200 Grams of Xanax: Third Degree Felony and carries 2 years to 10 years in prison and up to a $10,000 fine.
  • Possession of more than 200 Grams but less than 400 Grams of Xanax: Second Degree Felony and carries 2 years to 20 years in Prison and up to a $10,000 fine.
  • Possession of 400 Grams or more of Xanax: First Degree Felony and carries 5 years to 99 years or life in prison and up to a $10,000 fine.

There are also collateral consequences such as the suspension of your Texas Driver’s License and other possible penalties through the Texas Tax Code and the Texas Code of Criminal Procedure. For example, any property “used or intended to be used” in the commission of a drug felony is subject to police seizure.

Kevin Bennett | Texas Defense Attorney for Possession of Xanax

If you have been arrested or charged in Austin, TX with possession of Xanax, contact a skilled drug possession lawyer at The Law Office of Kevin Bennett at (512) 476-4626 to discuss your options. Kevin Bennett is a Travis County defense attorney who will fight to protect your criminal record and may be able to get your case reduced or dismissed based on the circumstances of your arrest.