The drug-related crime prosecution in Texas is dependent on the type and severity of the offense. Penalties can be severe and can range from fines and probation to long prison sentences.
Understanding the complexities of Texas’ drug laws can help you understand the types of drug crimes and their respective penalties.
Possession of Controlled Substances
One of the most common drug-related offenses in Texas is the possession of controlled substances. The Texas justice system classifies penalties based on factors such as the type and quantity of the drug.
Possession of substances in Penalty Group 1 carries the harshest punishments. Drugs that are included in this group are heroin, morphine, codeine, cocaine, and its derivatives. If found in possession of these substances, they will be charged with a felony.
For example:
- If found in possession of less than one gram of a Penalty Group 1 substance, the individual will face state jail felony, punishable by 180 days to two years in a state jail and a maximum fine of $10,000.
- If found with larger quantities, it can lead to first-degree felony charges with a maximum of life imprisonment.
Legal representation by an experienced attorney is crucial in such a situation. A drug crimes defense attorney in Abilene can help with essential legal guidance, help navigate plea deals, challenge evidence, and provide potential defenses to reduce penalties.
Drug Manufacturing and Distribution
Production, cultivation, and synthesis are categorized as manufacturing. Distribution is referred to as sale or delivery. A more serious offense is the manufacturing and distribution of drugs when compared to just possession. The penalties for these offenses are dependent on the type and amount of the drug involved.
For instance:
- Manufacturing or delivering less than a gram of a drug classified as a Penalty Group 1 drug is a state jail felony, and penalties can range from 180 days to two years in state jail and fines up to $10,000.
- Higher amounts can be seen as first-degree felony charges, resulting in life imprisonment.
The law enforcement agencies pursue these cases aggressively, especially if minors are involved or if drugs are distributed near schools or playgrounds.
Possession with Intent to Distribute
Possession of drugs with the intention to distribute is different from simple possession. Prosecutors factor in the amount of drugs found, the presence of packaging materials, and the volume of cash for establishing intent to distribute. The penalties are similar or equal to manufacturing and delivery offenses, with charges based on drug type and quantity.
Drug Trafficking
Large-scale distribution of controlled substances across state lines or within the state is considered drug trafficking in Texas. This offense can be prosecuted at both the state and federal levels. Federal sentencing guidelines often push for harsher penalties. Proximity to international borders in Texas makes it a high-risk area for trafficking enforcement.
- Trafficking smaller amounts is considered second-degree felony charges and can be punished with two to 20 years in prison and a maximum fine of $10,000.
- If charged with large-scale trafficking, you can be sent to life imprisonment and multimillion-dollar fines.
Prescription Drug Crimes
With an escalation of prescription drug offenses in Texas, especially oxycodone, hydrocodone, and benzodiazepines, the most common charges include unlawful possession, prescription fraud, and illegal distribution.
- If charged with possession of prescription drugs sans a valid prescription, it can be considered a misdemeanor or felony charge, based on the drug type and quantity.
- Prescription forgery or doctor shopping for the purpose of obtaining medications fraudulently is considered a felony and can attract significant prison time and fines.
Marijuana Offenses
Though select states have legalized marijuana, Texas still has in force strict laws regarding possession, distribution, and cultivation.
- Possession of two ounces or less is considered a Class B misdemeanor and can attract a punishment of 180 days in jail and a $2,000 fine.
- Possession of a larger amount can result in felony charges, with a possibility of multi-year prison sentences.
- Selling or trafficking marijuana can result in harsher penalties, especially if found as large-scale operations.
Enhancing Factors and Aggravating Circumstances
Factors that can elicit an increased severity in drug crime penalties in Texas:
- Previous History of Convictions: Repeat offenders face enhanced sentencing.
- Schools or Playground Vicinity: Drug offenses committed near these areas lead to heightened penalties.
- Minors: Using or coercing minors in drug-related activities results in more severe consequences.
Having a clear understanding of Texas drug laws is crucial for those facing charges or seeking legal guidance. The state and federal regulations are complex, and when coupled with aggressive prosecution, individuals should seek professional legal representation to navigate the legal pathway for a better outcome.