, Texas Drug Charges Demand a Strong Defense No Matter Where You Are

Drug offenses have become commonplace across most of the United States. As of January 2018, the, the cost of drug use on the nation’s criminal justice system is roughly $61 billion yearly. State and federal prison system are overwhelmed with drug offenders. These offenders make up 25 percent of the nation’s two million people currently incarcerated in state and federal penal facilities.  Most are convicted of non-violent offenses.

 

These staggering drug facts have not stopped some state and federal lawmakers from harshly punishing possession and distribution of controlled substances – especially in Texas.

 

At the national level, however, 8 states have legal marijuana for recreational use and another 21 states have legalized marijuana for medical use. Even as the nation’s opioid epidemic invades every segment of society, some states have taken a more progressive approach by providing addicts with resources for rehabilitation rather than imposing harsh penalties for possession.

 

Texas lawmakers, as usual, have opted to go the more draconian route in dealing with drug offenses. Texas is one of the harshest states in the nation for these types of activities, so any and all Texas drug charges should be taken very seriously.

 

Below we cover sentencing and penalties for Texas drug crimes, and how important it is to fight back against drug charges with an experienced drug offense lawyer who is willing to travel to where you are to provide you with the strongest possible defense.

 

Heroin, Cocaine, and Methamphetamines

 

Due to their high potential for abuse and risk of overdose or adverse effects, heroin, cocaine and methamphetamine are penalized more harshly than most other illicit drugs. Possession of even a small amount of these substances is a felony in Texas.

 

Simple possession of heroin, cocaine or methamphetamines carries the following sentences and penalties:

 

  • Less than 1 gram: State jail felony: 180 days-2 years in state jail
  • 1-4 grams: Third-degree felony; 2-20 years incarceration
  • 4-200 grams: Second-degree felony; 2-20 years incarceratio
  • 200-400 grams: First-degree felony; 5-99 years incarceratio
  • Over 400 grams: Enhanced First-degree felony; 10-99 years incarceration

 

Manufacture or possession with intent to distribute heroin, cocaine or methamphetamines carries the following sentences and penalties:

 

  • Less than 1 gram: State jail felony: 180 days-2 years in state jail
  • 1-4 grams: Second-degree felony; 2-20 years incarceration
  • 4-200 grams: First-degree felony; 5-99 years incarceration
  • 200-400 grams: Enhanced First-degree felony; 10-99 years incarceration
  • Over 400 grams: Enhanced First-degree felony; 15-99 years incarceration

 

LSD and Hallucinogens

 

LSD and other hallucinogens are highly potent, and have great potential for harm to users. Possession, manufacture, or distribution of these substances is therefore harshly penalized.

 

Simple possession of LSD carries the following sentences and penalties:

 

  • Less than 20 units: State jail felony; 180 days – 2 years in state jail
  • 2-80 units: Third-degree felony; 2-20 years incarceration
  • 80-4000 units: Second-degree felony; 2-20 years incarceration
  • 4000-8000 units: First-degree felony; 5-99 years incarceration
  • 8000 units or more: Enhanced First-degree felony; 15-99 years incarceration

 

Manufacture or possession with intent to distribute LSD carries the following sentencing and penalties:

 

  • Less than 20 units: State jail felony; 180 days – 2 years in state jail
  • 2-80 units: Second-degree felony; 2-20 years incarceration
  • 80-400 units: First-degree felony; 5-99 years incarceration
  • Over 400 units: Enhanced First-degree felony; 15-99 years incarceration

 

Houston Drug Crimes Lawyer

Marijuana

 

Despite changing attitudes nationally towards marijuana, cannabis is still very much illegal in Texas, which has some of the harshest penalties in the nation for the drug.

 

Simple possession of marijuana carries the following sentences and penalties:

 

  • Less than two ounces: Class B misdemeanor; Up to 180 days in state jail
  • 2-4 ounces: Class A misdemeanor; Up to one year in state jail
  • 4 ounces-5 pounds: State jail felony; 180 days-2 years in state jail
  • 5-50 pounds: Third-degree felony; 2-20 years incarceration

 

Possession with intent to distribute marijuana carries the following sentences and penalties:

 

  • ¼ ounce or less and no money received: Class B misdemeanor; Up to 180 days in state jail
  • ¼ ounce or less and money is received: Class A misdemeanor; Up to one year in state jail
  • ¼ ounce – 5 pounds: State jail felony; 180 days-2 years in state jai
  • 5-50 pounds: Second-degree felony; 2-20 years incarceration
  • 40-2000 pounds: First-degree felony; 5-99 years incarceration
  • Over 2000 pounds: Enhanced First-degree felony; 10-99 years incarceration

 

Marijuana Concentrates

 

Unlike many other states, Texas considers marijuana extracts to be a separate drug, and imposes much harsher penalties.

 

Simple possession of marijuana concentrates carries the following sentences and penalties:

 

  • Under 1 gram: State jail felony; 180 days-2 years in state jail and a fine of up to $10,000.
  • 1-4 grams: Third-degree felony; 2-10 years in prison and a fine of up to $10,000.
  • 4-400 grams: Second-degree felony; 2-20 years in prison and a fine of up to $10,000.
  • 400+ grams: First-degree felony; 5-99 years or life imprisonment and a fine of up to $10,000.

 

Many marijuana users make their own concentrates at home. Importantly, this is considered to be drug manufacture in Texas – even if you are only producing it for your own personal use.

 

Making or distributing even a small amount of marijuana concentrate is a second-degree felony, and over five grams is a first-degree felony.

 

Fighting Texas Drug Charges in Your Local Area

 

Fighting Texas Drug Charges in Your Local Area

If you are facing Texas drug crime charges, it is imperative to retain the best possible legal representation. Choosing the right drug crime lawyer for your case is an imperative step, both to avoid harsh criminal penalties and to protect your future.

 

Depending on where you live, though, the pickings might be a bit slim. Which is why the renowned John T. Floyd Law Firm is happy to meet you where you are. From Beaumont to Corpus Christi. From Waco to Tyler to Lufkin.

 

With our firm, you never have to worry about being able to get the very best – no matter where your case will be fought.

 

The bottom line is that you need a defense firm that has a proven track record of success in cases similar to yours. That’s us.

 

Learn more about how we will fight to ensure you receive the best possible outcome by reaching out to us today.