Possession of Heroin

Texas is harsh on Heroin offenders, and with the growing heroin addiction crisis in Houston, expect law enforcement to take swift action when dealing with offenders found in possession of the drug. In Texas, if a person has even a small amount of heroin in their possession, they’ll face felony charges and likely some jail time.

Avoiding Jail is Possible for Heroin Addicts

In some cases, Harris County Criminal Court judges will opt to send 1st time offenders to a drug rehabilitation program for treatment rather than prison time. Life with the Texas Department of Criminal Justice (TDCJ) can be severe. The Houston/Harris County drug treatment program lasts 12-18 months. Once the offender completes the program they’ll be granted probation for their offense, rather than jail time.

Criminal Penalties for Heroin Possession in Texas

When a person is convicted of heroin possession they’ll face punishment in line with felony guidelines. Penalties are intended to be harsh for the purpose of discouraging the use & distribution of heroin.

These punishment assigned to the convicted is based on the quantity of heroin in their possession when arrested.

  • Less than a gram: up to 2 years in state prison and $10,000 in fines
  • 1-3.99 grams: 2-10 years in state prison and $10,000 fines
  • 4-199 grams: 2-20 years in state prison and $10,000 in fines
  • 200-399 grams: 5-99 years in prison and $10,000 in fines
  • Over 400 grams: 10-99 years in prison and $100,000 in fines

SPECIAL NOTE: The legal standard for drug conspiracies doesn’t require the defendant to be in direct possession of the drug. The defendant can be aware of the location of the drug, or in control of the drug, but not necessarily in possession.

There are other penalties for people convicted of heroin possession too. The criminal record generated by the arrest will have an impact on your life. Finding jobs, or even a place to live may become a challenge.

If you or someone close to you was charged with a heroin related drug offense, seek out legal representation as soon as possible.

Click here for more information related to other drug offenses.