Possession of Xanax

Xanax is a brand name drug for a controlled substance called Alprazolam. Alprozolam is a benzodiazepine. Xanax is a prescribed drug for many people, but it is illegal to take or possess Xanax without a prescription. In Texas, Alprazolam is a controlled substance. Xanax has become very popular recreationally and people that enjoy it may not realize that the penalties can be as serious as they are for heroin and cocaine. If you have a prescription, there is a have been arrested for possession of xanax, it is very important to hire the right attorney to defend you. My office has experience defending all kinds of drug cases. When you call my office, I will discuss every aspect of your case with you. We will build your defense and contest your case.

Penalties for Possession of Xanax in Texas

The severity of your charge depends upon how much Xanax you have. How much is a question of weight, measured in grams. The penalties are not in the Texas Penal Code. Rather, they are located in Chapter 481 of the Texas Health and Safety Code. The Health and Safety Code contains all of the penalties for controlled substances. The penalty groups descend in order of severity. There are four penalty groups. Xanax is classified as a controlled substance in penalty group 3. This means that the charges start at a class A misdemeanor and go up from there. It depends how many pills you have. The district attorney’s office takes these cases seriously and pursues them aggressively. If you are accused of selling Xanax, the penalties get more serious. Possession with intent to deliver requires an additional burden of proof by the State of Texas. Regardless of the facts of your case, there are ways to fight. Getting the right attorney matters a great deal in drug cases.

481.104. Penalty Group 3. 

(a) Penalty Group 3 consists of:

     (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

  • Methylphenidate and its salts; and 
  • Phenmetrazine and its salts;    

(2) a material, compund, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

  • a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection; 
  • a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group;
  • a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository; 
  • Alprazolam 
  • Amobarbital
  • Bromazepam
  • Camazepam
  • Chlordiazepoxide
  • Chlorhexadol

Etc.... There are many more substances listed in Penalty Group 3. There are probably over one hundred substances and mixtures and compounds of those substances. There are many more than are relevant for discussion on this page. 

Call Me for a Free Consultation—We Can Strategize Your Defense

There are many ways to fight a drug charge. It doesn’t matter what the facts of your case are. It doesn’t matter what happened to you. Even if “bad” cases bargains can be made, better deals can get worked out. I assure you that talking to an experienced attorney will give you a great deal of perspective regarding your case. Contact me and we will discuss all of the ways to approach and defend your particular case. 


We had an unfortunate event happen with our daughter. Mr. Deegan was appointed as her attorney. Mr. Deegan was always there willing to answer every question that we had. He was very sincere with his responses. It is very evident that he cares about his clients as people and not just a case. We are very thankful that God blessed us with a lawyer like Andrew Deegan. - Rex


Andrew's knowledge and guidance have been very helpful in my situation. He was accessible, trustworthy and made me a priority. I would not hesitate to use his services again, though hopefully it will not be needed. Thanks! - Mark M.


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