Since the ‘war on drugs’ was declared in the 1970s, the United States has strictly regulated drug offenses on federal and state levels. The long-running campaign to combat illegal drugs has increased penalties, including lengthy incarcerations for drug crimes like possession, manufacturing, trafficking, and related offenses.
In Texas, a drug charge is a serious criminal offense with severe penalties, including hefty fines and long prison sentences. Additionally, a drug conviction is likely to reduce your employment prospects, among other collateral consequences. While penalties for drug-related crimes vary depending on the nature of the crime, Texas aggressively pursues drug crimes and has some of the harshest penalties in America.
Texas Drug Schedules and Penalty Groups
At the federal level, the Controlled Substances Act classifies illegal or controlled substances into federal drug schedules. Similarly, states have drug schedules and related penalty groups where penalties for drug-related offenses vary depending on the drug classification. The penalty group under Texas State laws includes:
- Penalty Groups 1 and 1-A: The classification include drugs like Cocaine, LSD, Heroin, Crystal meth, and Codeine.
- Penalty Group 2: It includes drugs like Ecstasy, Phencyclidine (PCP), Hashish, and other cannabinoids from marijuana.
- Penalty Group 3: The illegal drugs under this classification include Valium, Anabolic Steroids, Xanax, Benzodiazepines, and Ritalin
- Penalty Group 4: It includes opioids and opiates not listed in groups 1 or 3
- Marijuana
Texas Drug Crime Penalties
Texas law classifies a drug offense as either a misdemeanor or a felony. According to the Texas Control Substance Act, the minimum penalty for a Texas drug crime is a class B or A misdemeanor with a jail term of up to a year and a fine of $4,000. The maximum penalty is a first-degree felony with a life sentence in prison and a fine of up to $10,000.
However, penalties for a federal drug crime are often harsher, including the notoriously strict minimum mandatory sentencing standards. For instance, you risk a minimum sentence of 5 years in prison, a maximum of 40 years in prison, and a fine of up to $5 million for a trafficking violation of as little as half a kilogram of cocaine.
Drug crime penalties depend on several factors, including whether you are facing a state or a federal violation. The penalty will also depend on the type of drug, including its schedule or penalty group. The severity of the punishment also depends on the quantity of controlled substances or drugs found with you or at the crime scene.
Accordingly, Texas has different categories of punishments for different drug offenses, including:
- Class B Misdemeanor – a jail sentence of up to 180 days and/or a fine of up to $2,000
- Class A Misdemeanor – a jail sentence of up to 1 year and/or a fine of up to $4,000
- State Jail Felony – a jail sentence of 180 days to 2 years and/or a fine of up to $10,000
- Third Degree Felony – a federal prison sentence of between 2 and 10 years and/or a fine of up to $10,000
- Second Degree Felony – a federal prison sentence of between 2 and 20 years and/or a fine of up to $10,000
- First Degree Felony – a federal prison sentence of 5 to 99 years or even a life sentence and/or a fine of $50,000 to $250,000.
The severity of the drug crime punishment also depends on the type of drug crime, including possession, manufacturing, paraphernalia, trafficking, and selling illegal drugs or substances. Additionally, if a drug crime happens together or causes a violent crime, the potential punishment is likely to be more severe.
Contact a Plano Criminal Defense Attorney
Texas has some of the harshest drug laws and punishment in America. Consequently, it is critical to know whether the police charge you with possession, manufacturing, or trafficking. The Fox Firm attorneys are familiar with drug crime defense strategies. Accordingly, you should contact a skilled drug crimes defense lawyer to help you navigate the court process while fighting for your legal rights. With the court punishing different crimes differently, it is critical to understand your exact charges. A knowledgeable and experienced attorney will know what to do when facing a drug charge in Texas and can fight for the dismissal or reduction of your drug charges. If you are facing drug-related charges in Texas, we are here for you. Contact us today for a consultation and learn more about how we can help you.