An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Is a first drug possession charge a felony in Texas?
In short: It depends on the drug and the amount, not on whether it is your first offense. Possessing less than one gram of a Penalty Group 1 drug, such as cocaine or methamphetamine, is a state jail felony (Health and Safety Code 481.115(b)), while two ounces or less of marijuana is a Class B misdemeanor (481.121(b)(1)).
Where is the felony line for the smallest amounts?
| Substance group | Smallest amount | Level |
|---|---|---|
| Penalty Group 1 or 1-B (for example cocaine, methamphetamine, heroin, fentanyl) | Less than 1 gram | State jail felony (481.115(b)) |
| Penalty Group 2 (includes THC other than marijuana, such as many vape cartridges) | Less than 1 gram | State jail felony (481.116(b)) |
| Penalty Group 3 | Less than 28 grams | Class A misdemeanor (481.117(b)) |
| Penalty Group 4 | Less than 28 grams | Class B misdemeanor (481.118(b)) |
| Marijuana | 2 ounces or less | Class B misdemeanor (481.121(b)(1)) |
Will I go to state jail on a first small-amount felony?
Often not. For a state jail felony conviction for possessing under a gram of a Penalty Group 1 or 2 substance, the judge generally must suspend the sentence and place the person on community supervision unless the person has a prior felony conviction or the conviction follows an adjudication of guilt from deferred adjudication (Code of Criminal Procedure 42A.551). A state jail felony can also be punished as a Class A misdemeanor under Penal Code 12.44(a).
Can it be kept off my record?
Deferred adjudication is available for many possession cases (42A.102), and after a successful discharge a person may be able to seek an order of nondisclosure after a waiting period (Government Code 411.0725). A dismissal may allow expunction. Diversion programs vary by county.
What defenses are common?
Whether the search was lawful, whether the State can prove you knowingly possessed the substance, especially in a shared car or home, and whether the lab results support the weight charged.
Where are these cases heard outside Dallas?
Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is a THC vape a felony in Texas?
A cartridge containing THC other than marijuana is commonly charged under Penalty Group 2, where less than one gram is a state jail felony.
Is a small amount of marijuana a felony?
No. Two ounces or less is a Class B misdemeanor under 481.121(b)(1).
Is probation automatic for under a gram?
Usually, for a first state jail felony conviction under article 42A.551, with exceptions for prior felonies.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.