Xanax, also known generically as “alprazolam” or colloquially as “bars,” is a medication intended to treat anxiety and panic disorders that is also popular for recreational consumption. This means that many people have a legal prescription for the drug in Texas, and are allowed by law to carry with them an amount for personal use — but is Xanax a controlled substance?
Although many people in Texas have prescriptions for the drug, there can still be incredibly serious consequences for getting caught with it without prescription or with an inordinately large amount.
This article will delve into what exactly Xanax is, how Xanax is classified in the Lone Star State, the punishments for being caught with a controlled substance, and what you can do if you’ve already been charged with possession of a controlled substance in Texas.
Keep reading to learn more, or if you’ve already been charged and need a trusted drug charge attorney in Houston, call Thiessen Law Firm at (713) 864-9000 today.
Is Xanax a tranquilizer? Is Xanax an opioid?
Xanax is a tranquilizer, but not an opioid. Alprazolam is classified as a benzodiazepine, which is a type of tranquilizer that works by enhancing the effects of a neurotransmitter called gamma-aminobutyric acid (GABA), with the intended result being a reduction in brain activity and therefore a reduction in anxiety.
Opioids like oxycodone, hydrocodone, and heroin, on the other hand, bind to receptors on the brain, brain stem, and spinal cord, to reduce the perception of pain.
While both opioids and tranquilizers have sedative properties, opioids are generally used specifically for pain management, while tranquilizers are used to manage anxiety and mood disorders. Opioids are also often considered the more dangerous of the two, because of their unparalleled potential for abuse.
Is Xanax a controlled substance in Texas?
Yes. Xanax is classified as a controlled substance in Texas.
You’ll find the full list of controlled substances in Texas in the Texas Controlled Substances Act, which categorizes drugs based on their potential for abuse, accepted medical uses, and the degree of physical or psychological dependence they are likely to cause.
Generally speaking, the less useful a drug is medically and the more likely it is to cause dependence, the more seriously Texas takes possession and abuse of that drug. While alprazolam is widely used medically, Xanax’s side effects are considered significant, and it has a high potential for abuse, which puts it in tricky territory legality wise.
What class of drug is Xanax?
Xanax is a Penalty Group 3 drug according to the Texas Controlled Substances Act. The classifications for all other controlled substances in Texas are as follows:
| Penalty Group 1 | – Cocaine – Methamphetamine – Common painkillers (hydrocodone, oxycodone, etc.) – Heroin and other opium derivatives – Psilocybin (psychedelic mushrooms) – LSD – Mescaline – Ketamine – And more |
| Penalty Group 2 | – Ecstasy or MDMA – PCP – Hashish or other cannabinoids derived from marijuana |
| Penalty Group 3 | – Anabolic steroids – Xanax and other benzodiazepines – Sedatives – Prescription drugs with potential for abuse because of their stimulating or depressive effects – Opioids not contained in Penalty Group 1 |
| Penalty Group 4 | – Opioids not enumerated in Penalty Groups 1 or 3 – Prescription medications with small amounts of codeine, opium, etc. with significant potential for abuse. |
All benzodiazepines are considered Penalty Group 3 drugs in Texas, which means that possession charges come with steep penalties, but not penalties quite as steep as those for cocaine possession, heroin possession, or possession of other popular opium derivatives.
Is possession of Xanax a felony in Texas?
Possession of Xanax can absolutely be a felony in Texas. How many Xanax is a felony in Texas? If you’re caught with more than 28 grams of Xanax, you can expect a felony — most Xanax bars weigh approximately half a gram, so being caught with upwards of around 50 pills will likely mean facing felony charges.
Penalties for possession of Xanax in Texas
Penalties for possession of Xanax will scale based on the amount of the drug possessed, your criminal history, and any aggravating factors at the time of arrest. With no aggravating factors or criminal history, punishments for possession of Xanax in Texas look like this:
| Charge | Offense | Maximum Fine | Jail Time |
| Class A Misdemeanor | Possession of less than 28 grams of Xanax | $4,000 | 0 – 1 year in jail |
| Third Degree Felony | Possession of 28 – 200 grams of Xanax | $10,000 | 2 – 10 years in prison |
| Second Degree Felony | Possession of 200 – 400 grams of Xanax | $10,000 | 2 – 20 years in prison |
| First Degree Felony | Possession of greater than 400 grams of Xanax | $10,000 | 5 years – life in prison |
As you can see, charges for possession of Xanax in Texas start out steep and only get more severe. One refill bottle containing over 50 pills could mean a third-degree felony and up to a decade in prison.
If you or a loved one has been charged with possession of Xanax or any other controlled substance in Texas, you’ve got to act fast. Texas courts are tough on drugs, and your attorney may be the only thing keeping you out of jail for a significant bid.
How to beat a possession charge in Texas
Remember that a charge is not a conviction. While facing possession charges can be daunting, with the right attorney in your corner, you may be able to walk away from them. Here are some common defenses that criminal lawyers use in drug possession cases:
- They may argue that the drugs or other evidence essential to the case were acquired illegally. If the police didn’t have probable cause or reasonable suspicion for the search and seizure, the evidence against you may be inadmissible in court.
- They may argue that the drugs weren’t actually yours. Can they prove that the drugs were yours? Or did it just really seem like they were yours to the police? You would be surprised how often the prosecution can’t prove constructive possession.
- They may argue that the drugs aren’t actually drugs. This is rarer in the case of labeled and identifiable prescription drugs, but police scientists aren’t always the most accurate, and they often have a difficult time telling what is what in the laboratory.
- They may argue that you needed the drugs for a medical reason, or that you had or tried to obtain a prescription. While this defense won’t always get charges dropped or dismissed, charges can be reduced if you can prove that they were for personal use only.
If you want to give yourself the best chance at maintaining your freedom, make sure you hire an attorney who knows how to beat a constructive possession charge. The attorney that you hire can often be the difference between a conviction and a Not Guilty Verdict.
Charged with possession of a controlled substance? Contact Thiessen Law Firm to protect your freedom.
Is Xanax a controlled substance in Texas? Yes, and possession of small amounts of Xanax can often land you with a felony charge. Because cases involving controlled substances can be so complex and contentious, it is essential that you work with an experienced attorney if you’re accused.
The right drug crime lawyer should be able to protect your interests and help ensure that your rights remain defended as you endure the harsh realities of the criminal justice system. They should have experience defending drug cases in Texas, so that they can evaluate your case and develop the best defense possible, giving you the best shot at walking away with your freedom intact.
Whether you’re facing first-time drug possession charges in Texas or felony charges for intent to distribute, you’re going to need the best drug lawyer Houston has to offer to protect your future.
Thiessen Law Firm has built our reputation on taking complex, high-stakes cases to court and winning them. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to defend your life.
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