What Should I Do if Asked to Take a Field Sobriety Test?
If you’re facing charges, you may need answers to questions about Texas drug law. Spangler Law is ready to serve as your trusted advocate. Speak with a seasoned Dallas County criminal lawyer from our firm today.
Texas law considers it a crime to possess, manufacture, or traffic illegal or regulated drugs. Texas is tough on drugs. Even minor drug crimes and infractions are punished harshly by the State.
Possessing, distributing, or manufacturing banned substances is illegal under the Texas Health and Safety Code, also known as the Controlled Substance Act. Schedules divide controlled substances by abuse potential. The Texas Controlled Substances Act drug classifies the drug schedules as follows:
A criminal defense attorney in Dallas, Texas, can further explain the drug laws to you. Get in touch with Spangler Law today!
Under Texas drug laws, drug possession charges can also be filed if you are in possession of an illegal substance or controlled substance without a prescription and are aware that you have it. Merely being in possession of an illicit substance is not enough; you must also be aware of its presence. Thus, an incidental or unintentional possession of drugs may serve as a defense to a drug possession charge.
Any part of the process that involves creating illicit drugs falls under the category of manufacturing illegal drugs. It is very similar to the requirements for a sentence for drug trafficking that a conviction for drug manufacturing requires knowledge of possession of a controlled substance or the chemicals needed to manufacture a controlled substance.
Any distribution of a controlled substance is referred to as “drug trafficking.” Drug trafficking includes the import, sale, or transit of controlled substances. It can also refer to the increasingly common practice of shipping and selling prescription medications.
In Texas, a drug trafficking accusation is a felony that carries a variety of possible punishments. The least severe sentence is given for felonies that land a person in state prison. However, penalties will be more severe if it is a first-degree felony.
Get in touch with a Texas drug crime defense attorney to build your defense when accused of a drug crime.
A drug law governs the use, manufacture, possession, and distribution of legal and illegal drugs. Federal agencies collaborate with state and local law enforcement agencies to ensure adequate control over substances deemed dangerous to individuals and society.
There are different laws and regulations governing drugs in each State, but the Controlled Substances Act allows federal agents to enforce federal laws in any jurisdiction, regardless of state laws.
Possession of the following drugs can result in felony charges in the State of Texas:
Texas law assesses penalties for drug law violations according to drug category in four penalty groups.
Penalty Group 1 drugs include:
If you are found with less than 1 gram of a group 1 drug, you face 6-18 months in prison and a $10,000 fine. Between one and four grams is a third-degree crime punishable by 2-10 years in jail and a $10,000 fine. Four to 200 grams of a group 1 drug is a second-degree crime with a two-to-20-year prison sentence and a $10,000 fine. 200-400 grams is a first-degree crime with a 5-99-year jail sentence and a $10,000 fine.
Group 2 substances are less harmful than group 1, but still highly addictive and dangerous. Group 2 drugs include ecstasy, amphetamine, PCP, and mushrooms. Possessing less than a gram of a controlled substance is a third-degree crime punishable by two to ten years in prison and a $10,000 fine. Possession of 4 to 400 grams, which is a second-degree crime, carries a punishment of two to ten years in prison. Possessing 400 grams or more of group 2 drugs is a first-degree crime punishable by 5 to 99 years in prison and a fine of $50,000.
Group 3 substances include benzodiazepines, Methylphenidate, anabolic steroids, and valium. Possession of fewer than 28 grams is a Class A misdemeanor, and you face a $4,000 fine and a 12-month jail period. Possessing 28 to 200 grams is a third-degree crime punishable by two to ten years in prison and a $10,000 fine. There is a potential 5-99-year jail sentence and $50,000 fine if you possess more than 400 grams.
Penalty group 4 includes prescribed drugs with abuse potential. Many opioid derivatives are in penalty category 4. The penalties for possessing a penalty group substance vary from six months to life imprisonment for over 400 grams.
You could face stiff penalties if you face drug possession, manufacturing, or drug trafficking charges. Drug charges are subject to complex Texas Code regulations, which the State will probably try to enforce fully. A drug possession conviction and other drug crime convictions can result in criminal penalties, lengthy terms in state jail, the revocation of your driver’s license, and mandatory completion of a drug treatment program. Additionally, your future employment options may be hampered by a drug conviction on your criminal record, making it more difficult for you to find housing and pursue educational opportunities.
If you are brought up on criminal drug possession charges or other drug charges in Texas, an experienced attorney can help you understand the law, your rights, and legal defense options. The experienced team of criminal defense attorneys with experience in theft law at Spangler Law can help form a proper defense to prompt a favorable outcome in your case. Contact us for a free consultation.
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