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Possession of any amount of methamphetamine is a felony. Methamphetamine

is among the substances listed in penalty group two in the Texas Health and Safety Code. Possession of less than one gram of methamphetamine is a state jail felony. This means that possession of a trace amount of methamphetamine left on a razor, mirror, pipe, or light bulb is a state jail felony. Possession of one gram or more, but less than four grams of methamphetamine is a third degree felony. Possession of four grams of methamphetamine, but less than four hundred grams is a second-degree felony. Possession of over four hundred grams is a first-degree felony. If it is proven that the defendant intended to distribute the methamphetamine then the punishment range is one degree higher unless the amount of methamphetamine is less than one gram.

Typically, any possession over four grams is charged as possession with intent to deliver because the State will argue that four grams or more is not for personal use. Other factors that the State takes into consideration in determining whether to charge intent to deliver is whether or not the defendant is in possession of packaging, a razor blade, an unexplained amount of cash, the testimony of witnesses and informants, etc.

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Q: How much meth will get you a class c felony?
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