Drug Charges

Texas Marijuana Laws

In Texas, individuals can be punished for the possession and/or delivery of marijuana. To be charged with possession of marijuana, an individual must knowingly or intentionally have actual care, custody, control, or management of the drug in a usable quantity. Delivery of marijuana requires that a person knowingly or intentionally deliver marijuana, and this offense can be enhanced if the drug is knowingly delivered to a child. It is also illegal to possess drug paraphernalia which can include objects used to ingest or inhale marijuana as well as other drugs.

However, as of 2021, Texas has recently updated its’ Compassionate-Use Program, which enables certain patients to legally use low-THC cannabis, otherwise known as medical marijuana. Low-THC cannabis is defined as any part of the plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of it not more than one percent by weight of THC. Patients with amyotrophic lateral sclerosis, autism, cancer, epilepsy, incurable neurodegenerative disease, multiple sclerosis, PTSD, seizure disorder, spasticity, or medical conditions designated by the Health and Human Services Commission as authorizing treatment with low-THC cannabis as part of an approved research program may be permitted to use low-THC cannabis. If you believe this may apply to you, use the Compassionate Use Registry of Texas to find a participating physician in your area, and be cognizant that you must purchase low-THC cannabis products from a licensed dispensing organization.

Other Texas Controlled Substances Laws

Texas law primarily separates drug offenses into two categories – possession and distribution/manufacturing. Individuals can be charged with possession of cocaine, methadone, barbiturates, and a variety of other drugs if they knowingly or intentionally have actual care, custody, control, or management of the drug. Individuals can also be charged with the distribution of drugs which includes the sale, delivery, or other exchange of controlled substances or manufacturing if they are taking drug components and transforming them into usable controlled substances.

The penalties will vary depending on the quantity of the drug, the type of drug, and other factors, including addiction, prior offenses, and where the drug was possessed. If a drug is possessed in a “drug-free zone,” penalties typically increase by one degree. In Texas, a drug-free zone is within 1,000 feet of public or private elementary/secondary schools, daycare centers, private or public youth centers, playgrounds, institutions of higher education, and within 300 feet of a school bus, video arcade facility, or a public swimming pool.

What are the Penalties for Drug Possession in Texas?

Penalty Group 1

Penalty Group 1 includes opioids including codeine, hydrocodone, and oxycodone, and opiates such as heroin as well as cocaine, methamphetamine, ketamine, LSD, mescaline, psilocybin, and other hallucinogens. Possessing less than 1 gram of a Group 1 substance is a state jail felony with a potential sentence of 6 months to 2 years in prison with a maximum $10,000 fine. Increasing the possession to 1 to 4 grams increases the offense to a Third-Degree felony with a 2 to 10-year prison sentence and up to a $10,000 fine. For 4 to 200 grams, individuals can be charged with a Second-Degree felony meaning 2 to 20 years in prison with a maximum $10,000 fine, and for 200 to 400 grams, the felony is of the First-Degree, meaning the potential sentence is 5 to 99 years and a maximum $10,000 fine. For more than 400 grams, the felony is enhanced in the First Degree with a 10 to 99-year penalty with a maximum $300,000 fine.

Penalty Group 2

Penalty Group 2 includes ecstasy (a/k/a MDMA), PCP, psychedelic mushrooms, and amphetamines. Possessing less than 1 gram of a Group 2 substance is a state jail felony with a potential sentence of 6 months to 2 years in prison with a maximum $10,000 fine. Increasing the possession to 1 to 4 grams increases the offense to a Third Degree felony with a 2 to 10-year prison sentence and a potential $10,000 fine. If an individual is found in possession of 4 to 400 grams, they can be charged with a Second Degree felony and face 2 to 20 years in prison with a maximum $10,000 fine. And for more than 400 grams, the offense is a First Degree felony with a potential sentence from 5 to 99 years and a maximum fine of $50,000.

Penalty Group 3

Penalty Group 3 includes opioids and opiates not listed in Penalty 1, such as benzodiazepines and sedatives like Valium, anabolic steroids, Ritalin, and other stimulant/depressant prescription drugs. Possessing less than 28 grams of a Group 3 substance is a Class A misdemeanor with a potential sentence of up to a year and a maximum $4,000 fine. Increasing that to 28 to 200 grams increases the offense to a Third Degree felony facing 2 to 10 years in prison with a maximum $10,000 fine. For 200 to 400 grams, an individual can be charged with a Second Degree felony with the possibility of a 2 to 20-year sentence and up to a $10,000 fine. If an individual possesses more than 400 grams of a Group 3 substance, they can be charged with a First Degree felony and face 5 to 99 years in prison and up to a $50,000 fine.

Penalty Group 4

Penalty Group 4 contains mostly prescription medications. Possessing less than 28 grams of a Group 4 substance is a Class B misdemeanor with a potential sentence of up to 6 months and a maximum fine of $2,000. Increasing that to 28 to 200 grams increases the offense to a Third Degree felony facing 2 to 10 years in prison with a maximum fine of $10,000. For 200 to 400 grams, an individual can be charged with a Second Degree felony with the possibility of a 2 to 20-year sentence and up to a $10,000 fine. Finally, for possessing over 400 grams of a Group 4 substance, the offense is a First Degree felony with a potential sentence of 5 to 99 years in prison and a fine of up to $50,000.

Penalty Group 5

Penalty Group 5 primarily consists of marijuana, including synthetic marijuana or cannabinoids such as K2 or Spice. For less than 2 ounces, the offense is a Class B misdemeanor with a potential sentence of up to 6 months and a $2,000 fine. For 2 to 4 ounces, an individual can be charged with a Class A misdemeanor and face up to 1 year in jail and a $4,000 fine. For between 4 ounces and 5 pounds, the offense is a state jail felony where the potential sentence is between 6 months and 2 years with a maximum $10,000 fine. For 5 to 50 pounds of a Group 5 substance, the felony is of the Third Degree carrying a sentence from 2 to 10 years and a maximum fine of $10,000. For 50 to 2,000 pounds, an individual can be charged with a Second Degree felony and face 2 to 20 years in prison and a fine of up to $10,000. Finally, if an individual possesses over 2,000 pounds of marijuana, they face a First Degree felony charge with a sentence between 5 and 99 years and a maximum fine of $50,000.

What are the Penalties for Drug Manufacturing or Delivery in Texas?

The penalties for drug manufacturing, sale, or delivery can be even higher than for possession. Depending on the quantity sold, type of drug, and any involvement of a minor, the charges could range from a misdemeanor to a felony.

What is the range of punishment for Drug Offenses in Texas?

As you can see, the range of penalties for a drug offense in Texas can be less than 6 months up to 99 years, depending on the drug classification, weight, and other factors. Additionally, you may be able to avoid jail altogether. A skilled drug offense lawyer can help you weigh other options that may be on the table, such as a probation sentence or court-ordered rehab, depending on your criminal record or lack thereof, potential drug addiction, and potential for rehabilitation.  

What are the Defenses to Drug Offenses in Texas?

Trial strategy

A good drug offense lawyer will always have a strategy to help your case have the best possible outcome. Defense strategies can include attacking the prosecutor’s case-in-chief by arguing the prosecution lacks proof to prove their case beyond a reasonable doubt. In drug offense cases, this may be done by showing a lack of custody, care, control, or management of the drug or impeaching the prosecutor’s witnesses by showing they are unreliable informants, along with other strategies. Additionally, there may be affirmative defenses available to you, such as entrapment, legal use of medical marijuana, and medical emergency. A medical emergency defense may exist if you were the first person to request emergency medical assistance in response to the possible overdose of another person and made the request during an active ongoing medical emergency, remained on scene until medical assistance arrived, and cooperated with medical assistance and law enforcement, or you were the victim of a possible overdose for which emergency medical assistance was requested during the ongoing emergency. On the other hand, entrapment may exist if the police lured you into committing the offense, and the police’s influence would have induced any other reasonable and prudent person to commit the crime.

Constitutional considerations

Finally, under both the federal and Texas state constitution, individuals have the right to be free from unreasonable searches and seizures. The Texas constitution protects not only the right to be free from illegal government searches but illegal searches by private individuals. If evidence of a crime was obtained during an illegal search and seizure, the evidence might be suppressed in court.

How do you Beat Drug Charges in Texas – Hire a Drug Offense Lawyer in Houston, TX Today

Consult with a drug offense lawyer right away. As you can tell, drug charges in Texas can be very serious, and the penalties can be harsh. The attorneys at Walker & Taylor will provide experienced legal representation to help fight the charges. Contact the firm for a free case evaluation by calling (281) 668-9957 today!