Texas Controlled Substance Offenses:

If you get caught in possession of a controlled substance, you could face some pretty hefty penalties. If you get busted in possession of methamphetamine, cocaine, crack cocaine, heroin or certain illegal prescription drugs, that's a felony in Texas. You'd better hire a good criminal defense attorney to review your case and discuss any possible defenses you might have. 

 


Texas has very strict laws when it comes to the possession, trafficking, distribution and manufacturing of controlled substances and narcotics. In most cases, people face fines, custodial sentences, probation and loss of driver’s license. The information below should serve as a general guideline only, as the drug charges laws in Texas are subject to change. Most violations come under the Texas Penal Code, the Health and Safety Code and the Texas Controlled Substances Act. However, various parts of these laws and acts are used in different ways, depending on the judge and the circumstances of the case.
Texas Laws and Penalties
 Possession of controlled substances – a fine of up to $250,000 and/or a jail term of up to 99 years. The minimum jail term is 180 days.
 Manufacturing or delivery of controlled substances – a fine of up to $250,000 and/or a jail term of up to 99 years. The minimum jail term is 180 days.


 Possession of marijuana – a fine of up to $250,000 and/or a jail term of up to 99 years. The minimum jail term is 180 days.
 Delivery of marijuana – a fine of up to $100,000 and/or a jail term of up to 99 years. The minimum jail term is 180 days.


 Possession of drugs under federal law – a fine of up to $5,000 plus investigation costs and/or a jail term of up to 20 years.
 Manufacturing, distribution and dispensing of drugs under federal law – a fine of up to $8,000,000 and/or up to life imprisonment with the possibility of parole.


 Distribution of drugs to those under the age of 21 – between two and three times the penalty under federal law.


Texas Drug Charges Penalties

Texas has a no tolerance attitude when it comes to drugs and it enforces harsh penalties. There are minimum and maximum sentences, depending on the amount of drugs are involved in the crime. The sentence is much harsher if a person under the age of 21 is involved in receiving the drugs.

 

Methamphetamine is a major problem in Texas. Manufacturing methamphetamine is a very dangerous procedure that can be deadly. Law enforcement and judges have taken notice and implement harsh punishments for meth possession. If you are accused of a drug crime is essential that you have an experienced drug defense attorney on your side.
The Texas Controlled Substances Act classifies all regulated substances into four penalty groups, of which methamphetamine is assigned to penalty group 1. Possession of any penalty group 1 controlled substance is a serious offense. The punishment for mere possession of methamphetamine varies according to the aggregate weight of the possessed methamphetamine. Possession of less than 1 gram is a state jail felony punishable by between 180 days and two years of imprisonment. Possession of between 1 gram and 4 grams is a third degree punishable by between two to 10 years, while possession of between 4 and 200 grams is a second degree punishable by two to 20 years of imprisonment, and possession of between 200 and 400 grams is a first degree punishable by five to 99 years of imprisonment. Possession of over 400 grams carries a punishment of between 10 and 99 years of imprisonment.
Manufacture or Delivering of Methamphetamine: The Texas Controlled Substances Act provides increased penalties for the possession with the intent to manufacture or delivering methamphetamine. Generally, these are offenses where the police believe that you intend to sell the drugs in your possession. The police do not have to catch you actually dealing, they merely allege that you intended to sell your drugs. Generally, the anyone is possession of more than fours grams, will be charged with delivering. Like the penalties for simple possession, the punishment varies according to the aggregate weight of the methamphetamine. Under the manufacture or delivery statute, possession of under 1 gram is punishable by between 180 days and two years of imprisonment, while possession of between 1 and 4 grams is punishable by between two to 20 years of imprisonment and possession of between 4 and 200 grams is punishable by between five and 99 years of imprisonment. Possession of between 200 and 400 grams is punishable by between 10 and 99 years imprisonment and a fine of up to $100,000, while the possession of over 400 grams is punishable by between 15 and 99 years of imprisonment and a fine of up to $250,000.
You don’t want to go to court without the right representation, and even some criminal defense lawyers do not have a complete understanding of the drug possession laws in their state. When you hire an experienced Texas drug defense attorney, you can be sure that you have an attorney who is familiar with the many complicated drug statutes in the state of Texas.