Drug crimes in Texas are taken seriously, and laws enforce strict penalties for possession, distribution, trafficking, and manufacturing of controlled substances. Understanding the potential charges and associated penalties under Texas law can be crucial for individuals facing these allegations.
Vinas & Graham, PLLC, examine common drug charges in Texas, the factors influencing sentencing, and the penalties that may apply.
Overview of Texas Drug Classifications
In Texas, controlled substances are categorized into four major penalty groups, each with different levels of seriousness and penalties:
- Penalty Group 1: Includes drugs with a high risk of abuse and no accepted medical use in the U.S., such as heroin, marijuana, LSD, PCP, and crack cocaine. These substances carry the most severe penalties in Texas due to their high addiction potential and lack of medical applications.
- Penalty Group 2: Contains drugs that have high abuse potential but also have some accepted medical uses under strict regulation. Examples include narcotics like morphine, stimulants like cocaine, and prescription medications such as oxycodone (OxyContin®) and Ritalin®.
- Penalty Groups 3, 4, and 5: Includes substances with lower abuse risk and established medical uses. These groups cover smaller amounts of narcotics and non-narcotics, such as anti-anxiety drugs, tranquilizers, and non-narcotic analgesics. Common examples are acetaminophen with codeine, Valium®, Xanax®, and Talwin®.
Understanding the classification of the substance involved in a drug-related offense is essential, as it dramatically impacts the type of charge and the possible penalties under Texas law.
Common Drug Crime Charges in Texas
Texas drug crime charges generally fall into a few main categories, each with legal implications and penalties.
Possession of a Controlled Substance
Possession charges arise when someone is found with a controlled substance without a bona fide prescription or legal right to have it.
Penalties vary depending on the amount and type of substance. Possessing less than a gram of a Penalty Group 1 substance can be a state jail felony, while larger amounts can lead to first-degree felony charges with much harsher consequences.
Drug Distribution or Delivery
This charge is applied when an individual is caught selling, delivering, or intending to deliver a controlled substance.
The severity of the penalty depends on the drug’s penalty group and the amount in question. Smaller quantities may lead to third-degree felony charges, whereas distributing larger quantities of substances like heroin or methamphetamine could lead to first-degree felony charges.
Drug Trafficking
Trafficking involves the large-scale distribution, manufacturing, or transportation of controlled substances. Texas enforces strict penalties for trafficking, aiming to target high-level operations.
Drug trafficking is typically prosecuted as a federal crime, with Texas implementing additional state penalties. Offenses often carry lengthy prison sentences, significant fines, and asset forfeiture. For instance, trafficking more than 400 grams of a Penalty Group 1 substance can result in a life sentence and a fine of up to $300,000.
Manufacture of a Controlled Substance
Manufacturing refers to producing or cultivating drugs, including meth labs, illegal marijuana farms, or processing labs.
Manufacturing charges, particularly for highly addictive drugs like methamphetamine, are often felonies. Convictions can lead to severe penalties, depending on the amount produced and the equipment found. Large-scale operations may result in first-degree felony charges, with possible life sentences for significant quantities of substances.
Factors Affecting Penalties for Drug Crimes in Texas
The penalties for drug crime convictions in Texas are influenced by several factors, which can aggravate or mitigate the charges. Some of the primary considerations include:
Quantity and Type of Drug: Higher penalties are imposed on larger quantities or certain substances (such as Penalty Group 1 drugs).
Prior Criminal Record: Individuals with previous drug convictions often face harsher penalties.
Location of the Offense: Drug crimes committed near schools, playgrounds, or areas deemed “drug-free zones” often result in enhanced penalties.
Intent to Distribute: If an individual possesses a sizeable amount of drugs, it may be assumed they intended to sell, resulting in more serious charges.
Presence of Minors: Crimes involving minors, either as participants or in the vicinity, may lead to increased penalties.
Potential Penalties by Charge Severity
Texas law enforces penalties across multiple severity levels based on each case’s specifics.
Misdemeanor Charges
Class B Misdemeanor: Often applied for possession of less than two ounces of marijuana. Penalties include up to 180 days in jail and fines up to $2,000.
Class A Misdemeanor: Typically applies to higher quantities of marijuana or lower-penalty substances in small amounts. Convictions may lead to up to one year in jail and fines up to $4,000.
Felony Charges
State Jail Felony: Possessing less than one gram of a Penalty Group 1 drug, such as methamphetamine, can lead to this charge. Penalties include 180 days to two years in state jail and fines of up to $10,000.
Third-Degree Felony: Charges like distributing small amounts of certain controlled substances can fall under this category. Penalties range from two to 10 years in prison and fines up to $10,000.
Second-Degree Felony: Involves possession of larger amounts of drugs or drug distribution involving greater quantities. Penalties include two to 20 years in prison and fines of up to $10,000.
First-Degree Felony: Reserved for high-level offenses such as trafficking or manufacturing large quantities of controlled substances. Penalties can range from five years to life imprisonment and fines up to $10,000.
Defending Against Drug Crime Charges in Texas
If you are facing drug crime charges in Texas, it’s important to know that defense options are available.
A criminal defense attorney can help examine whether law enforcement followed proper search procedures, which may affect the admissibility of evidence. They can also challenge claims of possession by questioning control over the substance or argue against alleged intent to distribute.
With a skilled attorney, defendants may be able to reduce charges, secure alternative sentencing, or even have charges dismissed.
Facing Drug Crime Charges in Texas with Vinas & Graham, PLLC
Understanding Texas drug crime laws and the potential penalties associated with common charges can be daunting. However, for those facing drug-related charges, there are defense options and rights under the law. Consulting a knowledgeable criminal defense attorney is essential for navigating the complexities of Texas drug laws and achieving the best possible outcome in your case.
At Vinas & Graham, PLLC, attorneys Joe Vinas and Spence Graham bring a combined 40 years of experience and a background as former felony chief prosecutors, and they focus on state and federal criminal law. Reach out to Vinas & Graham, PLLC, today to discuss your case and explore your options.
