Texas Drug Possession Can Mean Life in Federal Prison

Major drug cases in Texas frequently make as illustrated by a recent case in south Texas.

An El Paso man is now facing up to life in prison and fines up to $10 million for possessing illegal drugs
with the intent to distribute them. 112 grams of methamphetamine, 13 grams of marijuana, and 56 grams
of cocaine were found in his possession, along with $10,000, when he was arrested outside of a hotel.
How does drug possession lead to life behind bars?

That is the demand of the law.

Here’s what you need to know about possessing drugs with the intent to distribute in Texas.

Controlled Substance Act

In Texas, there is a Controlled Substance Act that makes it illegal for someone to knowingly deliver,
manufacture, or possess a controlled substance with the intent to distribute it.

Some of the elements of this crime that can lead to being charged with it, if you are found in possession of
drugs, include:

 

  • You were found in possession of large amounts of cash
  • You were found in possession of more drugs than an individual could use
  • You had weapons or guard dogs
  • You were found in possession of packaging material or scales

 

Penalties for Possession with Intent to Distribute

 

Possession with intent to distribute is penalized based on the penalty group into which the crime falls. The
Texas Health and Safety Code categorizes drugs based on how addictive they are, and penalties are
attached to each grouping.

Penalty Group I

This group has drugs that are considered to be highly addictive in it. This includes substances such as
ketamine, methadone, cocaine, oxycodone, codeine, methamphetamines, marijuana, and opium.

Penalty Group II

Substances in this group include methaqualone, ecstasy, and amphetamine.

 

Houston Drug Crimes Lawyer

Penalty Group III

You can find Xanax, LSD, Valium, and methylphenidate in this penalty group.

 

Penalty Group IV

This group contains mixtures or compounds that contain some amounts of controlled substances.

The penalties for each group are:

Penalty Group I

If convicted for substances in this group, your penalty depends on how much of the substance you have in
your possession. For example, up to four grams can result in a prison sentence of 20 years and fines of as
much as $10,000, while having more than 200 grams can send you to prison for 99 years and make you
responsible for fines of as much as $250,000 – or more, under certain circumstances.

Penalty Group II

The max penalty for this group follows the same guidelines as Penalty Group I, but with different
amounts. Up to four grams is the same penalty, but you can have up to 400 grams before you face life in
prison and fines of $10,000.

Penalty Group III

For this penalty group, up to 28 grams will send you to prison for 24 months and make you responsible
for fines up to $10,000. If you are found in possession of more than 400 grams, then you face as many as
99 years in prison and fines of $100,000.

Penalty Group IV

Up to 28 grams of a substance in this group sends you to prison for up to 24 months with a fine of as
much as $10,000. If you have over 400 grams, then 99 years behind bars can be in your future.