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Texas Drug Charges are found in the TEXAS CONTROLLED SUBSTANCES ACT. The three most common drugs charged against clients of Rush & Gransee, L.C. are cocaine, methamphetamine and marihuana. Cocaine and methamphetamine are considered a penalty Group 1 drugs while marihuana has its own code section and is not found under Penalty Groups 1-4. The following is a summary of those sections that are used most often in charging crimes that involve drugs or controlled substances.
Numerous sections of the Texas Controlled Substances Act have been deleted from the discussion below. Only those sections pertaining to cocaine, methamphetamine, marihuana, steroids and drug Paraphernalia have been included.
PUNISHMENT FOR DRUG CRIMES IN TEXAS
Cocaine and methamphetamine are in Penalty Group 1 which has some of the most serious punishment ranges for drug crimes in Texas.
Marihuana possession in Texas punishment ranges vary from Class B misdemeanors to Felonies depending on the quantity of marihuana possessed.
Possession of anabolic steroids or any substance that is related to testosterone and which promotes muscle growth, other than an estrogen, progestin, or corticosteroid is a misdemeanor for small quantities and a felony for larger quantities.
Conviction for any drug crime in Texas will have many unintended consequences. One consequence of being convicted of a drug crime in Texas will be the loss of your driver's license. Another consequence of being convicted of a drug crime may be the denial of student loans or any other federally insured loan program. Also, many people are finding it difficult to rent an apartment or obtain employment because of a prior drug charge. Drug charges should be fought if possible. If a drug charge is dismissed without being placed on probation or an acquittal is obtained you should seek to have a court order that the case be expunged. If there is no way to obtain a dismissal or an acquittal to a drug charge your attorney should try to structure a plea bargain that would allow you to seal your records after completing your probationary period.
Punishment Ranges for Possession of Cocaine or Methamphetamine
A person commits an offense if the person knowingly or intentionally possesses Cocaine or methamphetamine, however, if the methamphetamine was obtained from or under a valid prescription or order of a doctor it is not illegal.
The criminal offense is a state jail felony if the amount of the cocaine or methamphetamine possessed is less than one gram. The penalty range is a third degree felony if the amount of cocaine or methamphetamine possessed is one gram or more but less than four grams. The offense's penalty range is a second degree felony if the amount of the cocaine or methamphetamine possessed is four grams or more but less than 200 grams. If 200 grams to 400 grams of cocaine are possessed it is a felony of the first degree. If the amount of cocaine or methamphetamine possessed is 400 grams or more, a person can be sent to prison from 10 to 99 years.
Punishment Ranges for Possession of Anabolic Steroids
If a person knowingly or intentionally possesses anabolic steroids without a valid prescription it is a Class A misdemeanor if the amount is less than 28 grams. It is a third degree felony if the amount of anabolic steroids is 28 grams or more but less than 200 grams. It is a felony of the second degree if the amount of anabolic steroids is 200 grams or more but less than 400 grams.
Manufacture or Delivery of Cocaine or Methamphetamine
A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver cocaine or methamphetamine. It is a state jail felony punishment range if the amount of the cocaine or methamphetamine is less than 1 gram. It is a second degree punishment range if the amount of cocaine or methamphetamine is one gram or more but less than four grams. It is a first degree felony offense if the amount of cocaine or methamphetamine is four grams or more but less than 200 grams. Higher ranges of punishment apply if more cocaine or methamphetamine is possessed or manufactured; however, in cases involving very large quantities of drugs the federal government is usually involved.
Penalties for Possession of Marihuana in Texas
A person commits a criminal offense if the person knowingly or intentionally possesses a usable quantity of marihuana. It is a Class B misdemeanor if the amount of marihuana possessed is two ounces or less and a Class A misdemeanor if the amount of marihuana possessed is two to four ounces. It is a state jail felony punishment range if the amount of marihuana possessed is four ounces to five pounds and it is a felony of the third degree if the amount of marihuana possessed is five to fifty pounds and it is a second degree if the amount of marihuana weighs 2,000 pounds or less but more than 50.
Punishment for Delivery of Marihuana in Texas
A person commits an offense if the person knowingly or intentionally delivers marihuana. Delivering marihuana is a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not get paid for the marihuana. It is a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person delivering the marihuana gets paid for the marihuana. It is a state jail felony if the amount of marihuana delivered is one fourth of an ounce to five pounds. It is second degree felony if the amount of marihuana delivered is five to 50 pounds.
Delivery of Controlled Substance or Marihuana to Child
There are enhanced penalties for delivery drugs to children with the ranges of penalties greatly enhanced. There are also some defenses to the enhancements. It is necessary to determine the ages of all the parties involved.
Punishment for Possession or Delivery of Drug Paraphernalia in Texas
A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia. A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug. An offense for possession of drug paraphernalia is a Class C misdemeanor an offense for delivery of drug paraphernalia is a Class A misdemeanor if the defendant has no paraphernalia convictions. There are numerous provisions that allow the state to enhance the punishment ranges for possession of drug paraphernalia and subsequent charges can greatly enhance the ranges of punishments.
