Drug offenses are some of the most common cases brought before Texas judges. They can range from simple personal possession of a small amount of marijuana to drug trafficking of dangerous narcotics across state lines.
If you are facing any type of drug charge, you should seek representation from a San Antonio drug charge lawyer you can trust. Experience matters when it comes to legal representation – and LaHood Norton Law Group has abundant experience and high standards of service. Our team – comprising high-level former prosecutors and Criminal Law Specialists – provides outstanding professionalism in handling your case.
Talk to a San Antonio drug charge attorney about your legal options by calling (210) 797-7700.
Unyielding in Our Efforts to Protect Your Rights
Drug crimes are based on activities involving dangerous controlled substances categorized into Schedules based on their level of addictiveness and harm. The most serious of these substances include drugs like heroin, crack, cocaine, methamphetamine, PCP, Ecstasy/MDMA, and opioids.
Types of Drug Charges
Our San Antonio drug charge attorneys defend clients facing the following charges:
As most other states and the federal government do, Texas classifies controlled substances into 5 distinct groups. Referred to as schedules, they contain drugs having similar characteristics – not in terms of their chemical properties, but according to the dangerousness of the substance.
The drug schedules in Texas are as follows:
Schedule I: These are substances without an accepted medical use and a high risk of abuse. Drugs in this category include, but are not limited to, heroin, marijuana, LSD, and crack cocaine.
Schedule II: Substances in this group also have a high potential for abuse. However, they have an accepted medical use, but administering and dispensing the drugs is severely regulated. The risk of psychological or physical dependence is severe. This schedule contains substances such as morphine, cocaine, and oxycodone.
Schedule III: These substances have a moderate potential for physical or psychological dependence and are less likely to cause abuse than drugs in the previous two schedules. They also have an accepted medical use.
Schedule IV: This group contains substances with a lower potential for abuse and are less likely to cause physical or psychological dependence than drugs in Schedules I through III. They have an accepted medical use.
Schedule V: Drugs falling under this classification are considered the least serious. They have an accepted medical use and are less likely than Schedule I through IV substances to cause abuse or lead to physical or psychological dependence.
What Are Drug Penalty Groups in Texas?
Although Texas classifies controlled substances into schedules, to define criminal offenses and punishments, it separates drugs into six penalty groups.
The drug penalty groups in Texas are as follows:
Penalty Group 1: This classification contains drugs such as codeine, heroin, hydrocodone, and oxycodone.
Penalty Group 1-A: Included in this group are LSD and its derivatives.
Penalty Group 2: Substances such as Ecstasy, PCP, or Mescaline are in this classification.
Penalty Group 2-A: This group contains drugs mimicking cannabinoids.
Penalty Group 3: Drugs that cause a depressant or stimulant effect are contained in this group.
Penalty Group 4: In this group are substances with limited amounts of narcotics.
What Are the Drug Laws in Texas?
Any conduct involving controlled substances is serious, and several statutes prohibit various types of behavior.
Below is a list of a few of Texas’s drug laws:
Texas Health and Safety Code §§481.112, 481.1121, 481.113, 481.114: Manufacture or delivery of a substance in Penalty Groups 1 through 4.
Texas Health and Safety Code §481.120: Delivery of marijuana.
Texas Health and Safety Code §481.122: Delivery of marijuana or a controlled substance to a child.
Texas Health and Safety Code §481.125: Possession or delivery of drug paraphernalia.
Texas Health and Safety Code §481.121: Possession of marijuana.
Texas Health and Safety Code §481.124: Possession or transportation of chemicals with intent to manufacture a controlled substance.
The Penalties for Drug Crimes in Texas
Depending on the type and amount of drug involved, an offense can be charged as a misdemeanor or felony. The penalties imposed are tied to the level and classification of the charge. However, in some cases, the statute enumerates sanctions other than those listed in the punishments statutes (Texas Penal Code § 12).
The level of charge and potential penalties are as follows:
Class B Misdemeanor
Punishable by:
Up to 180 days in jail and/or
Up to $2,000 in fines
Offenses include:
Delivery of ¼ ounce or less of marijuana without receiving compensation
Possession of 2 ounces or less of a Penalty Group 2-A controlled substance
Possession of less than 28 grams of a Penalty Group 4 controlled substance
Possession of 2 ounces or less of marijuana
Class A Misdemeanor
Punishable by:
Up to 1 year in jail
Up to $4,000 in fines
Offenses include:
Delivery of ¼ ounce or less of marijuana and receiving compensation
Possession of 4 ounces or less but more than 2 ounces of a Penalty Group 2-A controlled substance
Possession of less than 28 grams of a Penalty Group 3 controlled substance
State Jail Felony
Punishable by:
Between 180 days and 2 years in state jail and/or
Up to $10,000 in fines
Offenses include:
Manufacture or delivery of less than 1 gram of a Penalty Group 1 controlled substance
Manufacture or delivery of fewer than 20 abuse units of a Penalty Group 1-A controlled substance
Manufacture or delivery of less than 1 gram of a Penalty Group 2 or 2-A controlled substance
Manufacture or delivery of less than 28 grams of a Penalty Group 3 or 4 controlled substance
Delivery of 5 pounds or less but more than ¼ ounce of marijuana
Possession of less than 1 gram of a Penalty Group 1 controlled substance
Possession of fewer than 20 abuse units of a Penalty Group 1-A controlled substance
Possession of less than 1 gram of a Penalty Group 2 controlled substance
Possession of 5 pounds or less but more than 4 ounces of a Penalty Group 2-A controlled substance
Possession of 5 pounds or less but more than 4 ounces of marijuana
Third-Degree Felony
Punishable by:
Between 2 and 10 years in prison and/or
Up to $10,000 in fines
Offenses include:
Possession of 1 gram or more but less than 4 grams of a Penalty Group 1 controlled substance
Possession of 20 or more but fewer than 80 abuse units of a Penalty Group 1-A controlled substance
Possession of 1 gram or more but less than 4 grams of a Penalty Group 2 controlled substance
Possession of 50 pounds or less but more than 5 pounds of a Penalty Group 2-A controlled substance
Possession of 28 grams or more but less than 200 grams of a Penalty Group 3 or 4 controlled substance
Possession of 50 pounds or less but more than 5 pounds of marijuana
Second-degree felony
Punishable by:
Between 2 and 20 years in prison
Up to $10,000 in fines
Offenses include:
Manufacture or delivery of 1 gram or more but less than 4 grams of a Penalty Group 1 controlled substance
Manufacture or delivery of 20 or more but fewer than 80 abuse units of a Penalty Group 1-A controlled substance
Manufacture or delivery of 1 gram or more but less than 4 grams of a Penalty Group 2 or 2-A controlled substance
Manufacture or delivery of 28 grams or more but less than 200 grams of a Penalty Group 3 or 4 controlled substance
Delivery of 50 pounds or less but more than 5 pounds of marijuana
Possession of 4 grams or more but less than 200 grams of a Penalty Group 1 controlled substance
Possession of 80 or more but fewer than 4,000 abuse units of a Penalty Group 1-A controlled substance
Possession of 4 grams or more but less than 400 grams of a Penalty Group 2 controlled substance
Possession of 2,000 pounds or less but more than 50 pounds of a Penalty Group 2-A controlled substance
Possession of 200 grams or more but less than 400 grams of a Penalty Group 3 or 4 controlled substance
Possession of 2,000 pounds or less but more than 50 pounds of marijuana
First-Degree Felony
Punishable by:
Between 5 and 99 years in prison and/or
Up to $10,000 in fines
Offenses include:
Manufacture or delivery of 4 grams or more but less than 200 grams of a Penalty Group 1 controlled substance
Manufacture or delivery of 80 or more but fewer than 4,000 abuse units of a Penalty Group 1-A controlled substance
Manufacture or delivery of 4 grams or more but less than 400 grams of a Penalty Group 2 or 2-A controlled substance
Manufacture or delivery of 200 grams or more but less than 400 grams of a Penalty Group 3 or 4 controlled substance
Delivery of 2,000 pounds or less but more than 50 pounds of marijuana
Possession of 200 grams or more but less than 400 grams of a Penalty Group 1 controlled substance
Possession of 4,000 or more but less than 8,000 abuse units of a Penalty Group 1-A controlled substance
Federal Drug Charges
State laws aren’t the only ones that prohibit certain conduct involving controlled substances. The federal government also has various statutes concerning drugs.
A couple of federal drug charges include:
Trafficking Controlled Substances
It’s unlawful for any person to manufacture, distribute, or dispense drugs, or to possess them with the intent to engage in said conduct. The penalties for this offense depend on the type and amount of drug involved. For example:
1 kilogram or more of heroin (first offense, no aggravating factors):
Between 10 years to life in prison
Up to $10,000 in fines
100 grams or more of a substance containing heroin (first offense, no aggravating factors):
Between 5 and 40 years in prison
Up to $5,000,000 in fines
Trafficking certain Schedule I or II substances (first offense, no aggravating factors):
Up to 20 years in prison
Up to $1,000,000 in fines
Trafficking 50 kilograms or more of marijuana (first offense, no aggravating factors):
Up to 5 years in prison
Up to $250,000 in fines
Trafficking Schedule III controlled substances (first offense, no aggravating factors):
Up to 10 years in prison
Up to $500,000 in fines
Trafficking Schedule IV controlled substances (first offense, no aggravating factors):
Up to 5 years in prison
Up to $250,000 in fines
Trafficking Schedule V controlled substances (first offense, no aggravating factors):
Up to 1 year in prison
Up to $100,000 in fines
Simple Possession of Controlled Substances
Up to 1 year in prison
Up to $1,000 in fines
At LaHood Norton Law Group, we can defend your drug crime charge whether it falls under state or federal jurisdiction.
LaHood Norton Law Group Can Help
Our firm can work to build an aggressive defense both in and out of the courtroom. As former prosecutors, we have deep insight into the strategies used by the state and will use that knowledge to fight for a positive outcome based on the circumstances of your case.
You can reach us at (210) 797-7700 to discuss your case during a free and confidential consultation with our San Antonio drug charge lawyers.
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