Being charged with a drug crime in Texas — whether possession, delivery, or manufacturing — can incur some serious penalties. However, there are big differences in punishments according to the type of drug and its amount. The penalties are set out in the Texas drug statutes, which may be less harsh than the federal guidelines in some cases, but which are still often severe.
Cocaine, Methamphetamine, and Opiate Crimes
The Penalty 1 group includes cocaine, methamphetamine, opiates, opium derivatives, and some other substances. Punishment differs according to the quantity of the drug involved upon arrest.
Less than 1 gram is a state jail felony with a sentence of 180 days to two years and a fine of less than $10,000. A greater quantity of drugs can increase the charge to a different degree of a felony, with sentences ranging from five to 99 years. For instance, fines are up to $100,000 for possession of more than 400 grams and up to $250,000 for manufacturing of the same amount.
First-time offenders for a crime involving less than 1 gram are sometimes able to receive probation instead of jail time. However, if you’re charged with manufacturing in the presence of a child, the punishment increases to a more severe degree of a felony, and a crime is always classified as a felony if force is used.
Marijuana Crimes
Marijuana is not included in any of the penalty groups in the Texas statutes; instead, it has its own group. Possession of less than 2 ounces is a Class B misdemeanor, meaning up to 180 days in county jail and a fine of up to $2,000. A judge will also determine if two years of probation is necessary.
Possession of between 2 and 4 ounces is also a misdemeanor, but it increases to Class A and can incur a 1-year county jail sentence plus a fine of up to $4,000. Possession of more than 2 ounces and up to 5 pounds of marijuana is a state jail felony, whereas possession of more than 5 pounds is a degree felony.
Penalties are similar for the delivery of marijuana. The differences in sentences apply to the smallest quantities: delivering less than a quarter ounce with no remuneration is a Class B misdemeanor, and with remuneration is a Class A misdemeanor. Between a quarter ounce and 5 pounds is a state jail felony.
Like with Penalty 1 group drugs, the punishment increases by one degree if the delivery used a child, and using force during the arrest automatically makes the crime a degree felony.
Other Drug Crimes
Texas also has guidelines for penalties for other drugs. A criminal defense attorney can advise you on what kind of penalties you’re likely to face.
Criminal Representation For A Drug Crime In Texas
Having an experienced attorney on your side could mean you face a lesser drug charge or even face only probation. You can receive such support from the team at Vinas & Graham, PPLC. Schedule a private and confidential consultation immediately to start building your case. Plus, follow us on Facebook to stay up to date with information about drug crimes and other legal issues in Texas.
