Drug Crimes Defense Attorney in Dallas, Texas

Understanding Various
Drug Charges in Texas

In Texas, a person may be charged with any of the following drug-related crimes:

Drug Possession

An offender may be charged with drug possession if found to knowingly be in possession of a controlled substance, such as opioids, methamphetamines, marijuana, cocaine, and other illegal substances. Drug possession may be filed as a felony or a misdemeanor charge.

Possession with the Intent to Deliver (PWID)

A defendant may be facing a PWID charge if the quantity of the drug found in the person's possession is considerably more than a reasonable amount meant for personal consumption. In Texas, possessing with the intent to deliver is often charged as a felony.

Drug Manufacturing

A person may be facing drug manufacturing or cultivating charges if found to be taking part in any activity that involves making, producing, creating, or preparing illegal drugs or controlled substances. Cooking methamphetamine, cultivating marijuana, or operating a drug lab, are all considered drug manufacturing activities. They are often charged as a felony.

Drug Sale

In Texas, an offender may be charged for the sale of illicit substances if involved in activities such as the illegal sale of prescription drugs, the sale of controlled substances, the sale of precursor chemicals used for manufacturing controlled substances, or the sale of fake prescription drugs. Drug sales may be charged as a felony.

Drug Delivery

A person may be facing charges related to drug delivery in Texas if found to be knowingly transporting or delivering controlled substances without authorization. Drug delivery is a very serious offense in Texas and is often charged as a felony.

Texas Drug Schedules

In the state of Texas, controlled substances are categorized into five "schedule classifications" that determine the level of charges and potential consequences of a conviction. The drug schedules include:

• Schedule I: Substances with a high potential for abuse and have no known medical use. These include marijuana, hallucinogens, peyote, heroin, LSD, and ecstasy.
• Schedule II: Drugs with a high potential for abuse but have limited restrictions for medical use. These include cocaine, pure codeine, opium, morphine, methamphetamine, and amphetamine,
• Schedule III: Substances that have a high potential for abuse but lower than Schedule I or Schedule II drugs. These drugs are severely restricted for medical use and include stimulants, depressants, ketamine, buprenorphine, codeine, testosterone, Vicodin, and anabolic steroids.
• Schedule IV: Drugs with a lower potential for abuse compared to Schedule III drugs. These drugs are allowed for medical treatments and include depressants and stimulants, such as Xanax, Darvocet, Ambien, Ativan, and Valium.
• Schedule V: Substances that have an even lower potential for abuse. These drugs are permissible for medical use and include Lyrica, Parepectolin, cough syrups, Lomotil, and Motofen.

Possible Penalties for
Drug Crimes in Texas

If convicted of a drug crime in Texas, the severity of the punishment will depend on the penalty group, substance schedule, amount of the drug found in the defendant's possession, and the offender's criminal record. Possible penalties include:

Penalty Group 1

Group 1 drugs include opiates, heroin, opium, cocaine, heroin, oxycodone, and morphine. Possible penalties include:

• Less than 1g – Punishable by 180 days to two years in a state jail and a fine of up to $10,000.
• Between 1g and 4g – Punishable by two to 10 years in state prison and a fine of up to $10,000.
• Between 4g and 200g – Punishable by two to 20 years in state prison and a fine of up to $10,000.
• Between 200g and 400g – Punishable by 5 to 99 years in state prison and a fine of up to $10,000.
• More than 400g – Punishable by 10 to 99 years in state prison and a fine of up to $100,000.

Penalty Group 1-A

These drugs include Lysergic Acid Diethylamide (LSD), as well as its derivatives, isomers, and salts of isomers. Possible penalties include:

• Less than 20 units – Punishable by 180 days to two years in a state jail and a fine of up to $10,000.
• Between 20 and 80 units – Punishable by two to 10 years in state prison and a fine of up to $10,000.
• Between 80 and 4000 units – Punishable by two to 20 years in state prison and a fine of up to $10,000.
• Between 4000 and 8000 units – Punishable by five to 99 years in state prison and a fine of up to $10,000.
• More than 8000 units – Punishable by 15 to 99 years in state prison and a fine of up to $250,000.

Penalty Group 2 or 2-A

These drugs include hallucinogenic substances, such as methamphetamine, mescaline, Lysergic Acid Diethylamide (LSD), and Tetrahydrocannabinol (THC). Possible penalties include:

• Less than 1g – Punishable by 180 days to two years in a state jail and a fine of up to $10,000.
• Between 1g and 4g – Punishable by two to 10 years in state prison and a fine of up to $10,000.
• Between 4g and 400g – Punishable by two to 20 years in state prison and a fine of up to $10,000.
• More than 400g – Punishable by 10 to 99 years in state prison and a fine of up to $100,000.

Penalty Group 3 or 4

Group 3 and 4 include depressants and stimulants, anabolic steroids, peyote, sedatives like Valium, and benzodiazepines. Possible penalties include:

• Less than 28g – Punishable by up to two years in county jail and a fine of up to $10,000.
• Between 28g and 200g – Punishable by two to 20 years in state prison and a fine of up to $10,000.
• Between 200g and 400g – Punishable by five to 99 years in state prison and a fine of up to $10,000.
• More than 400g – Punishable by 10 to 99 years in state prison and a fine of up to $100,000.

Marijuana Charges in Texas

Marijuana is considered illegal in the state of Texas. Possible penalties include:

• Less than ¼ ounces – Punishable by up to one year in county jail and a fine of up to $4,000
• Between ¼ ounces and five pounds – Punishable by up to two years in county jail and a fine of up to $10,000
• Between five and 50 pounds – Punishable by two to 20 years in state prison and a fine of up to $10,000
• Between 50 and 2000 pounds – Punishable by five to 99 years in state prison and a fine of up to $10,000
• More than 2000 pounds – Punishable by up to 10 to 99 years in state prison and a fine of up to $100,000