Texas Drug Charges

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 marijuana. Cocaine and methamphetamine are considered a penalty Group 1 drugs while marijuana 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, marijuana, steroids and drug paraphernalia have been included.

Punishment for Drug Crimes in Texas

The penalties for a drug crime conviction in Texas vary depending on the type and quantity of drug involved:

  • Cocaine and methamphetamine are in Penalty Group 1, which has some of the most serious punishment ranges for drug crimes in Texas.
  • Marijuana possession in Texas punishment ranges vary from class B misdemeanors to felonies depending on the quantity of marijuana 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 he or she 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 he or she 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 one 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 Marijuana in Texas

A person commits a criminal offense if he or she knowingly or intentionally possesses a usable quantity of marijuana. It is a class B misdemeanor if the amount of marijuana possessed is two ounces or less, and a class A misdemeanor if the amount of marijuana possessed is two to four ounces. It is a state jail felony punishment range if the amount of marijuana possessed is four ounces to five pounds, and it is a felony of the third degree if the amount of marijuana possessed is five to 50 pounds. It is a second degree felony if the amount of marijuana weighs between 50 and 2,000 pounds.

Punishment for Delivery of Marijuana in Texas

A person commits an offense if he or she knowingly or intentionally delivers marijuana. Delivering marijuana is a class B misdemeanor if the amount of marijuana delivered is one-fourth ounce or less, and the person committing the offense does not get paid for the marijuana. It is a class A misdemeanor if the amount of marijuana delivered is one-fourth ounce or less, and the person delivering the marijuana gets paid for the marijuana. It is a state jail felony if the amount of marijuana delivered is one-fourth of an ounce to five pounds. It is a second-degree felony if the amount of marijuana delivered is five to 50 pounds.

Delivery of Controlled Substance or Marijuana 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 he or she knowingly or intentionally uses or possesses with intent to use drug paraphernalia. A person commits an offense if he or she 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.

Contact Us

To learn more about the defense of drug charges in Texas, please contact us online. Schedule a free initial consultation with a criminal defense lawyer today.

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  • National Board of Trial Advocacy Member
    National Board of Trial Advocacy
  • The National Top 100 Trial Lawyers Named Top 1oo Trial Lawyers by National Trial Lawyers Association
  • was recognized in Texas Monthly in 2010-2013 as a Texas Super Lawyer
    (a Thomson Reuters service).

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Robert L. Rush
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  • Board Certified Civil Trial Advocate
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Kurt W. Gransee
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  • Former Assistant District Attorney
  • Former DWI Task Force Prosecutor
  • Director, San Antonio Trial Lawyers Association
  • 15+ Years Criminal Law Experience

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RUSH & GRANSEE, L.C.

Rush & Gransee, L.C.
310 South Saint Mary's Street, Suite 2800
San Antonio, TX 78205

Toll Free: (866) 321-1399
Phone: (210) 807-8165
Fax: (210) 223-1344
Email: Contact Us | San Antonio Law Office Map

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813 N. Main Street, Suite 416
McAllen, TX 75801

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Rush & Gransee, L.C.
2880 CR 155
Kenedy, TX 78119

Phone: (830) 583-9959
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