Unlawful Carrying vs. Drug Possession: Understanding Texas Criminal Penalties
When it comes to criminal charges in Texas, what seems more dangerous isn’t always treated more harshly by the law. For example, many assume that getting caught with a weapon would carry more serious consequences than having a small amount of drugs. But in Texas, that assumption doesn’t hold up. The reality? You might face harsher penalties for less than a gram of a controlled substance than for unlawfully carrying a handgun.
That’s not just a technicality—it’s the difference between a misdemeanor and a felony, and potentially between probation and prison time.
Watch this quick legal breakdown to see how Texas handles Unlawful Carrying vs. Drug Possession, then keep reading to understand how the law actually works and what it could mean for you.
What Counts as Unlawful Carrying of a Weapon (UCW)?
The unlawful carrying of a weapon is defined under Texas Penal Code Section 46.02. This offense generally involves carrying a handgun, illegal knife, or club in a manner or place not authorized by law. For example, carrying a concealed handgun without a license or openly carrying a weapon in a prohibited location can lead to UCW charges.
Penalties for UCW:
- Class A misdemeanor
- Up to 1 year in county jail
- Up to $4,000 in fines
However, there are exceptions. If you have a License to Carry (LTC) and you’re not in a restricted area, you may be within your rights. But even legal gun owners can face UCW charges if they violate carry laws.
What Counts as Drug Possession in Texas?
Under Texas Health & Safety Code § 481.115, classifies the possession of controlled substances based on the type and amount of the drug. What is particularly significant is that possession of even less than one gram of a controlled substance is treated as a felony offense —even if it’s less than one gram. And yes, even residue counts.
Penalties for Drug Possession (<1 gram):
- State Jail Felony
- 180 days to 2 years in state jail
- Up to $10,000 in fines
Drug possession felonies in Texas are divided into categories based on the drug type and amount. For example:
| Amount (varies by drug group) | Charge | Possible Penalty |
| Under 1 gram (PG1) | State jail felony | 180 days to 2 years jail |
| 1–4 grams (PG1) | 3rd-degree felony | 2–10 years prison |
| 4–200 grams (PG1) | 2nd-degree felony | 2–20 years prison |
| Marijuana under 2 oz | Class B misdemeanor | Up to 180 days jail, $2,000 fine |
These classifications show how penalties escalate with the amount, but the key takeaway is that any possession under one gram is still a felony, demonstrating Texas’s zero-tolerance policy toward drug possession.
Difference Between Unlawful Carrying and Drug Possession in Texas
On the surface, one might assume that unlawful carrying of a weapon is the more severe charge due to the involvement of a weapon and potential risk to public safety. However, Texas law treats these two offenses quite differently:
| Charge | Legal Classification | Possible Jail Time | Fines |
| Unlawful Carrying (UCW) | Class A Misdemeanor | Up to 1 year (county jail) | Up to $4,000 |
| Drug Possession (<1g) | State Jail Felony | 180 days to 2 years (state jail) | Up to $10,000 |
Weapons might sound scarier, but Texas takes an especially harsh stance on illegal drugs, regardless of the quantity involved. The state sees drug possession as a doorway to larger issues: trafficking, addiction, overdose, and public safety risks.
Why Is Drug Possession Treated More Harshly Than UCW?
Texas’s tough stance on drug possession stems from several policy considerations:
Public Policy
Drug abuse and addiction have wide-ranging social consequences, including increased crime rates, family disruption, and health emergencies.
Legislative Intent
Harsh penalties aim to discourage drug use and trafficking by imposing severe legal consequences.
Link to Larger Issues
Focusing on drug offenses aligns with broader efforts to combat organized crime and drug distribution networks.
Meanwhile, UCW laws have softened in recent years. With “constitutional carry” legislation passed in 2021, many Texans over 21 can carry handguns without a license — legally — in many places.
What Happens If You’re Caught With Both a Gun and Drugs?
Here’s where things get more serious. Texas law punishes possession of a firearm while committing a drug offense much more harshly. Even if the drugs were small amounts or for personal use, the presence of a weapon can turn a minor charge into a felony.
These can turn into combined offenses that can lead to stacked charges, longer sentences, and almost no shot at a plea deal unless your defense is airtight.
Collateral Consequences If Charged
Many people only think about jail time or fines. But criminal convictions carry long-term consequences, even after you’ve served your time.
Here’s what you might be dealing with:
- Losing your right to own or carry a firearm
- Difficulty getting a job
- Driver’s license suspension
- Loss of federal aid or housing assistance
- Immigration issues for non-citizens
Given these far-reaching implications, it is essential for anyone facing either charge to seek experienced legal counsel and mitigate long-term consequences. A first-time offense should be taken seriously – a clean record is easier to protect than to restore.
Defenses and Legal Strategies
Both unlawful carrying and drug possession charges can be contested in court, but the strategies differ based on the nature of the offense and evidence involved.
Defending Against Unlawful Carrying of Weapon Charges:
- You had a valid license (if required)
- The weapon was stored legally
- You were in a permitted area
- The stop or search was unlawful
Defending Against Drug Possession Charges:
- Questioning the validity of the search and seizure process
- You didn’t knowingly possess the substance
- The drugs belonged to someone else
- Challenging the accuracy of drug testing or evidence handling
What Should You Do If You’re Facing Charges?
If you or someone you know is charged with either unlawful carrying of a weapon or drug possession in Texas, it is critical to act quickly and decisively:
- Contact a qualified criminal defense attorney: Early legal advice can make a significant difference in case outcomes.
- Understand your rights: Know what you are legally entitled to during police encounters and court proceedings.
- Gather evidence: Document any relevant information or witnesses that may support your defense.
- Avoid discussing your case publicly: Statements made outside of court can affect your case negatively.
Legal representation experienced in Texas criminal law is especially important when dealing with felony drug possession charges due to the potential severity of penalties and the need for specialized knowledge of the law.
Arrested? Don’t Plea, Call Me!
In Texas, the law doesn’t always treat what looks more dangerous as the more serious crime. A single pill or a trace of powder can carry harsher legal weight than unlawfully carrying a weapon. And if you’re facing both? The consequences can multiply fast.
If you’re being investigated or have already been charged with unlawful carrying, drug possession, or both—what you do next matters. The penalties are serious, and the long-term effects on your future can’t be ignored. Don’t face this alone. Let our team of experienced attorneys help you protect your freedom and your record.