Eleanor Finch
Texas is known for its tough stance on drugs, with some of the harshest penalties in the US for drug-related offenses. The state categorizes drugs into penalty groups, with Group 1 being the most addictive and dangerous, and metes out punishments accordingly. The extent of the punishment for possessing a controlled substance in Texas depends on the penalty group in which the substance belongs, the type and amount of the substance, and whether the offense took place in a drug-free zone, such as near a school.
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What You'll Learn
Possession of a controlled substance
In Texas, possession of a controlled substance is a criminal offense as outlined in Chapter 481 of the Health and Safety Code. This chapter defines the various penalty groups for different substances, with Penalty Group 1 being the most addictive and dangerous, including drugs such as methamphetamine, crack, and heroin. The categorization of substances into these penalty groups is based on their potential for abuse and accepted medical use.
The penalties for possession of a controlled substance vary depending on the type and amount of the substance possessed. For example, possessing less than 1 gram of a Group 1 substance is considered a state jail felony, while possessing 4 to 200 grams of an illegal substance is a second-degree felony. The punishments for these offenses can range from probation to prison sentences of varying lengths and fines.
In addition to the type and quantity of the substance, the punishment for drug possession in Texas may also be influenced by the location of the offense. For instance, if the possession occurred within 1,000 feet of a school or daycare facility, the penalties may be more severe.
It is important to note that Texas has strict punishments for marijuana possession, despite public support for legalization. Possessing under two ounces of marijuana is classified as a Class B misdemeanor, while possessing 4 ounces or more is considered a felony.
Furthermore, drug possession charges can have additional consequences, such as license suspension and requirements to complete drug education programs. Seeking legal representation from an experienced drug defense attorney is crucial to navigate the complexities of these charges and mitigate potential penalties.
Overall, the possession of a controlled substance in Texas constitutes a felony drug charge, with penalties varying based on the specific circumstances of the offense.
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Penalty groups
Texas classifies drugs into penalty groups to determine the penalties for a drug crime. The penalty groups are based on the drugs' potential for addiction and medical use. The penalty groups are defined in Subchapter B of Chapter 481 of the Texas Health and Safety Code, with the offense and penalties outlined in Subchapter D.
Penalty Group 1 includes drugs with no medicinal purpose and a very high risk of abuse, such as methamphetamine, crack, and heroin. Possession of any amount of a Penalty Group 1 substance is a felony. The punishment for possession of a Penalty Group 1 substance depends on the weight/amount possessed. For example, possession of less than 1 gram is a state jail felony, punishable by up to 180 days to 2 years in jail and a fine of up to $10,000. Possession of 1 to 4 grams is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Possession of 4 to 200 grams is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Possession of 200 to 400 grams is a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $100,000.
Penalty Group 1-A includes drugs such as fentanyl and its derivatives, primarily hallucinogens. Possession of less than 20 units of a Penalty Group 1-A substance is a state jail felony, while possession of 20 to 80 units is a third-degree felony. Possession of 80 to 4,000 units is a second-degree felony, and possession of 4,000 to 8,000 units is a first-degree felony.
Penalty Group 3 includes opiates and opioids not listed in Groups 1 or 2. Possession of 28 to less than 200 grams of a Penalty Group 3 substance is a third-degree felony, while possession of 200 to less than 400 grams is a second-degree felony. Possession of 400 grams or more is a first-degree felony.
Penalty Group 4 includes drugs that contain small doses of narcotics with other drugs, such as codeine in Tylenol. These drugs have a recognised medical purpose and a low risk of dependency.
It is important to note that marijuana is not listed in the four drug penalty groups. Instead, it is addressed separately in the Texas Health and Safety Code. Possession of less than 2 ounces of marijuana is a Class B misdemeanour, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of 2 to 4 ounces is a Class A misdemeanour, while possession of 4 ounces to 5 pounds is a state jail felony. Possession of more than 5 pounds is a felony, punishable by 5 to 99 years in prison and a fine of up to $100,000.
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Trafficking, delivery, transfer, and sales
Texas has some of the harshest penalties in the US for drug-related offenses. The state punishes trafficking, delivery, transfer, and sales of drugs very severely. The penalties depend on the type and amount of the substance involved, as well as the age of the buyer.
Marijuana
The sale or delivery of 7 grams of marijuana or less, as a gift, is a misdemeanor, punishable by up to 180 days imprisonment and a fine not exceeding $2,000. The sale of 7 grams to 5 pounds is a felony with 1 year of jail time and a $4,000 fine. Selling any amount to a minor is a felony with 2 to 20 years of jail time and a $20,000 fine. Selling marijuana to a child is a second-degree felony, punishable by a mandatory minimum sentence of 2 years and a maximum sentence of 20 years, with a fine not exceeding $10,000.
Cocaine
Texas Health and Safety Code (481.115) makes it illegal to possess, manufacture, or deliver any amount of cocaine in Texas. The punishments depend on the amount of cocaine involved in the arrest. The manufacture or delivery statute brings punishments of 2 to 20 years in prison for 1 to 4 grams and 10 to 99 years in prison for 200 to 400 grams.
Methamphetamine
Possessing meth paraphernalia (hollowed-out pens, bottle caps, needles, etc.) for personal use brings a fine of up to $500. Manufacturing or distributing meth can bring more severe punishments, depending on the weight of the materials.
Hashish and Concentrates
The sale of hashish or concentrates to a person under 18 years of age is a felony, punishable by a term of imprisonment of at least 2 years and no more than 20 years, with a fine not exceeding $10,000. This is only applicable if the offender is older than 18 years of age.
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Possession with intent to deliver
For example, according to the Texas Health and Safety Code §481.115, possession of Penalty Group I substances like cocaine, heroin, and methamphetamine is punishable as follows:
- Less than one gram: State jail felony, punishable by up to two years in jail and/or a fine.
- 1 to 4 grams: Third-degree felony, punishable by up to $10,000 in fines and 2 to 10 years in jail.
For possession with intent to deliver marijuana, the Texas Health and Safety Code (481.121) outlines the following penalties:
- Selling 7 grams or less: Misdemeanour with 180 days of jail time and a $2,000 fine.
- Selling 7 grams to 5 pounds: Felony with 1 year of jail time and a $4,000 fine.
- Selling any amount to a minor: Felony with 2 to 20 years of jail time and a $20,000 fine.
The penalties for possession with intent to deliver can be enhanced if certain aggravating factors are present, such as prior convictions, attempted sales to minors, or if the offense occurred in a designated drug-free zone.
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Manufacturing or distributing
Texas has some of the toughest penalties in the US for drug-related offenses. The state categorizes drugs into four penalty groups, with Group 1 drugs being the most addictive and dangerous, and carrying the harshest penalties.
The manufacture or distribution of controlled substances in Texas is penalized differently from possession. The penalties for manufacturing or distributing controlled substances vary depending on the type and amount of the substance in question.
For example, the manufacture or delivery of between 1 and 4 grams of methamphetamine carries a penalty of 2 to 20 years in prison. This increases to 10 to 99 years in prison for amounts between 200 and 400 grams.
Similarly, the sale or delivery of marijuana in Texas is penalized based on the amount sold or delivered. Selling 7 grams or less is a misdemeanor with up to 180 days in jail and a $2,000 fine. Selling 7 grams to 5 pounds is a felony with 1 year of jail time and a $4,000 fine. Selling any amount of marijuana to a minor is a felony with 2 to 20 years in prison and a $20,000 fine.
The sale of hashish or concentrates to a minor under 18 years of age is also a felony, with a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.
It is important to note that Texas has stiffer penalties for drug-related offenses that occur in "drug-free" zones, such as areas around schools. Punishments for these offenses are typically doubled.
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Frequently asked questions
A felony drug charge in Texas is typically based on the type of drug, the corresponding penalty group, and the amount in possession at the time of the arrest. Texas classifies drugs into four penalty groups, with Penalty Group 1 being the most addictive and dangerous. The higher the penalty group number, the lower the penalty.
Here are some examples:
- Possession of more than 4 ounces of marijuana is a felony.
- Possession of 1 to 4 grams of cocaine is a third-degree felony.
- Possession of 200 to 399 grams of meth is a first-degree felony.
- Possession of 4 grams or more of mushrooms is a third-degree felony.
Penalties for felony drug charges in Texas can vary depending on the specifics of the case. However, they typically include a combination of jail time and fines. For example, a first-degree felony can result in federal prison confinement of 5 to 99 years and/or fines ranging from $50,000 to $250,000.
