DRUG CRIMES

Drug crimes in Texas can carry profoundly serious penalties. For example, a person accused of selling Drugs in Texas could face up to a life sentence in prison under Texas law. The attorneys at Udeshi Law Firm have helped hundreds of people accused of possession or sales of drugs in Texas and have the resources needed to handle the most complex drug cases.

    • POSSESSION OF MARIJUANA

It is illegal to possess any amount of marijuana in Texas. A person commits an offense if the person knowingly or intentionally possesses any usable quantity of marijuana. Texas law states that the offense is:

        1. a Class B misdemeanor if the amount of marijuana possessed is two ounces or less;
        2. a Class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces;
        3. a state jail felony if the amount of marijuana possessed is five pounds or less but more than four ounces;
        4. a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
        5. a felony of the second degree if the amount of marijuana possessed is 2,000 pounds or less but more than 50 pounds; and
        6. punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marijuana possessed is more than 2,000 pounds.

(Tex. Health & Safety Code Ann. §§ 481.121, 481.134; Tex. Penal Code Ann. §§ 12.21, 12.22, 12.33, 12.34, 12.35 (2019).)

    • POSSESSION OF CONTROLLED SUBSTANCES

Unless you have a prescription from a licensed physician, it is generally illegal to possess controlled substances in Texas. A person commits an offense if the person knowingly or intentionally possesses a controlled substance, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

The penalties for possession of a controlled substance range depending on the penalty group of the substance and the quantity of the substance possessed.

FOR POSSESSION OF CONTROLLED SUSBSTANCES IN PENALTY GROUP 1:

Penalty group 1 Drugs are the most serious in Texas. According to Texas Law, Group 1 substances are the most dangerous and addictive Substances and carry the most serious penalties for possession. Some examples of Group 1 Substances are:

        • Opioids;
        • Heroin;
        • Cocaine;
        • Methamphetamine;
        • LSD; and
        • Ketamine

Penalties for possession of Group 1 Substances vary in severity depending on the amount possessed. (Tx. Health & Safety Code Ann. § 481-115.)

        1. Less than one gram—a fine of up to $10,000, at least 180 days in jail (and up to two years in prison), or both.
        2. One gram or more, but less than four grams—a fine of up to $10,000, at least two (and up to ten) years in prison, or both.
        3. Four grams or more, but less than 200 grams—a fine of up to $10,000, at least two (and up to 20) years in prison, or both.
        4. 200 grams or more, but less than 400 grams—a fine of up to $100,000, at least five (and up to 99) years in prison, or both
        5. 400 grams or more—a fine of up to $100,000, at least ten (and up to 99) years in prison, or both
FOR POSSESSION OF CONTROLLED SUSBSTANCES IN PENALTY GROUP 2:

According to Texas Law, Penalty Group 2 Substances are slightly less dangerous than Group1, but still very dangerous and the penalties for possession are still very serious.

Some Examples of Group 2 Substances are:

        • Ecstasy (MDMA);
        • PCP;
        • Psychedelic mushrooms; and
        • Amphetamines

Penalties for possession of Group 2 Substances vary in severity depending on the amount possessed. (Tx. Health & Safety Code Ann. § 481-116.)

        1. Less than one gram—a fine of up to $10,000, at least 180 days in jail (and up to two years in prison), or both.
        2. One gram or more, but less than four grams—a fine of up to $10,000, at least two (and up to ten) years in prison, or both.
        3. Four grams or more, but less than 400 grams—a fine of up to $10,000, at least two (and up to 20) years in prison, or both.
        4. 400 grams or more—a fine of up to $50,000, at least five (and up to 99) years in prison, or both.
FOR POSSESSION OF CONTROLLED SUSBSTANCES IN PENALTY GROUP 3:

Penalty Group 3 Substances includes many controlled substances, some of which are prescription drugs, that have a depressive or stimulant effect. For example, this grouping includes:

        • Benzodiazepines;
        • Anabolic steroids;
        • Valium; and
        • Methylphenidate (also known as Ritalin)

Penalties for possession of Group 3 Substances vary in severity depending on the amount possessed.  (Tx. Health & SafetyCode Ann. § 481-117.)

        1. Less than 28 grams— a fine of up to $4,000, up to one year in jail, or both.
        2. 28 grams or more, but less than 200 grams— a fine of up to $10,000, at least two (and up to ten) years in prison, or both.
        3. 200 grams or more, but less than 400 grams— a fine of up to $10,000, at least two (and up to 20) years in prison, or both.
        4. 400 grams or more—a fine of up to $50,000, at least five (and up to 99) years in prison, or both.
FOR POSSESSION OF CONTROLLED SUSBSTANCES IN PENALTY GROUP 4:

Penalty Group 4 contains a wide range of controlled substances, most of which are widely used prescription medications, which carry the potential for abuse.

Penalties for possession of Group 4 Substances vary in severity depending on the amount possessed.  (Tx. Health & Safety Code Ann. § 481-118.)

        1. Less than 28 grams— a fine of up to $2,000, up to 180 days in jail or both.
        2. 28 grams or more, but less than 200 grams— a fine of up to $10,000, at least two (and up to ten) years in prison, or both.
        3. 200 grams or more, but less than 400 grams— a fine of up to $10,000, at least two (and up to 20) years in prison, or both.
        4. 400 grams or more—a fine of up to $50,000, at least five (and up to 99) years in prison, or both.

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.1151https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm#1.07

 

  • SALES & MANUFACTURING

 

For Marijuana

In Texas, it is illegal to gift or sell marijuana. Penalties vary according to the amount sold.

        1. Gift of one-fourth of an ounce or less. The offense is a Class B misdemeanor, and penalties include up to 180 days in jail, a fine of as much as $2,000, or both.
        2. Selling one-fourth of an ounce or less. The offense is a Class A misdemeanor, and penalties include up to one year in jail, a fine of as much as $4,000, or both.
        3. More than one-fourth of an ounce, and up to and including five pounds. The offense is a state jail felony, and penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
        4. More than five pounds, up to and including 50 pounds. The offense is a second degree felony, and penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
        5. More than 50 pounds, up to and including 2,000 pounds. The offense is a first degree felony, and penalties include a fine of up to $10,000, between five and 99 years in prison, or both.
        6. More than 2,000 pounds. Penalties include at least ten (and up to 99) years in prison, a fine of up to $100,000, or both.

(Tex. Health & Safety Code Ann. §§ 481.120, 481.134; Tex. Penal Code Ann. §§ 12.21, 12.22, 12.32, 12.33, 12.35 (2019).)

For Controlled Substances

It is a crime to knowingly manufacture, deliver, or possess with intent to deliver a controlled substances.

SALES OF CONTROLLED SUBSTANCES LISTED IN PENALTY GROUP 1:

(b)  It is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c)  It is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d)  It is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e)  It is a crime punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f)  It is a crime punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

SALES OF CONTROLLED SUBSTANCES LISTED IN PENALTY GROUP 2:

(a)   It is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c)  It is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

(e)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

SALES OF CONTROLLED SUBSTANCES LISTED IN PENALTY GROUP 3 or 4:

(a)   It is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.

(c)  It is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

(d)  It is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(e)  It is a crime punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.

If you or someone you know has been accused of possession or sales of drugs in Texas, call the Udeshi Law Firm today for a free initial consultation.