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Criminal Charges for Possession of Methamphetamine

Possession of methamphetamine is a very serious criminal charge in the State of Texas. Depending on the facts of a case, punishments range from probation to long periods of incarceration in prison.  

A law enforcement officer can charge you with possession of methamphetamine if they find drugs in your pockets or anywhere else on your body. If the drugs are in a place that you normally control or could easily reach they have the right to charge you with “constructive possession.”

Criminal Law Attorney for Possession of Methamphetamine in Austin, TX

At The Law Office of Kevin Bennett the goal is to eliminate the anxiety associated with being charged with such a crime by fully explaining the legal process in understandable terms, implementing the skills and experience necessary to help guide you through the criminal justice system, and fighting to protect your rights.

If you live in Austin, Cedar Park, Round Rock, Leander, Rollingwood, Pflugerville, Lago Visa, or a surrounding city, and were charged with Possession of Methamphetamine, The Law Office of Kevin Bennett can help you.

The Law Office of Kevin Bennett offers free consultations to review your case. Fill out the online intake form or call (512) 476-4626 to meet with a skilled criminal law attorney.


Elements of a Possession of Methamphetamine Charge

Under Texas law, it is a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, “club drugs”, and heroin. (Health and Safety Code, Title 6, Subtitle C, Chapter 481, Section 481. 115-481.123).

The penalties for the possession of a controlled substance vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may account for “simple” possession, while large amounts may result in a charge of supposed “possession with intent to distribute.”

Under Sec. 481.101, the elements required to prove possession of Methamphetamine includes:

  • The defendant knowingly had either actual or constructive possession of, or control over, the substance.  
  • The substance was methamphetamine.
  • To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses. 
  • Drug possession laws also prohibit the possession of paraphernalia such as syringes, crack pipes or bongs. The Federal Drug Paraphernalia Statute defines drug paraphernalia as “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”

Texas Penalties for Possession of Methamphetamine

The penalties under Texas Law for the possession of methamphetamine include:

  • Less than 1 gram:
    • State Jail Felony
    • Up to 2 years in prison and a fine of no more than $10,000.
  • 1 gram-3.99 grams:
    • 3rd-degree felony
    • 2-10 yrs. in prison and a fine of no more than $10,000.
  • 4-199 grams:
    • 2nd-degree felony
    • 2- 20 yrs. in prison and $10,000
  • 200- 399 grams
    • 1st-degree felony
    • 5- 99 yrs. in prison and $10,000
  • 400 grams +:
    • Enhanced 1st-degree felony
    • 10- 99 yrs. in prison and $100,000

Federal Penalties for Possession of Methamphetamine are listed below:

  • 5-49 grams pure or 50-499 grams mixture:
  • First offense: Not less than 5 yrs. and not more than 40 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
  • Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment.  Fine of not more than $8 million if an individual, $50 million if not an individual.
  • 50 grams or more (pure) or 500 grams or more (mixture):
  • First Offense: Not less than 10 yrs. and not more than life.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine of not more than $10 million if an individual, $50 million if not an individual.
  • Second Offense: Not less than 20 yrs, and not more than life.  If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
  • 2 or More Prior Offenses:Life imprisonment.  Fine of not more than $20 million if an individual, $75 million if not an individual.

The penalties associated with a possession of methamphetamine vary depending on your criminal history and, the amount of the controlled substance you are charged with possessing.


More Information on Possession of Methamphetamine

Possession in Drug-Free Zone- Click on this article from the Sentencing Project if you are concerned that you have been charged with possession of methamphetamine in a drug-free zone. This article defines the “drug-free zone.” An example of this additional charge would be methamphetamine possession in a video arcade facility or another place that must be open to the public including those 17 or younger.

Federal Drug Trafficking Penalties- Visit the website of the United States Drug Enforcement Administration to find Federal Trafficking Penalties listed by penalty group, schedule of the drug, and enhancements that can make the crime more severe. On this site, you can also find the ways that you can get charged with such a crime in the State of Texas.


Locate an Attorney for Possession of Methamphetamine in Austin, TX

If you have been criminally charged with the crime of possession of Methamphetamine in Austin or Travis County, TX contact The Law Office of Kevin Bennett.

Call (512) 476-4626 today to discuss your case with an experienced criminal defense attorney. Find out more about this serious charge, the potential penalties, and important defenses that can be used in your case.

Kevin Bennett represents clients throughout Austin and Round Rock. He also represents clients after an arrest in the surrounding areas including Cedar Park, San Marcos, Georgetown, Pflugerville, Kyle and Leander, TX.

At The Law Office of Kevin Bennett your case will be handled professionally and with care. Kevin Bennett can help you fight for the best possible outcome in your case. Contact The Law Office of Kevin Bennett for a free case evaluation to learn more about your legal options.



This page was last updated on November 8, 2016.