In 2019, the FBI reported there were a total of 1,558,862 arrests in the United States for all drug offenses, of which 207,329 were for sale of drugs and 1,351,533 were for possession. In the state of Texas, drug crimes are still some of the most common criminal offenses. Unfortunately, they also carry severe consequences.
In drug possession cases, criminal defense lawyers work to suppress evidence before a trial begins. They will then formulate a defense designed to undermine the prosecution, so then the prosecutor is unable to prove beyond a reasonable doubt you were guilty of the crime. If you’ve been charged with possession or sale of drugs, either for personal use or with intent to sell, an experienced criminal defense attorney can determine which defenses might apply to your case. To discuss options, contact Price & Twine, PLLC today.
Texas Drug Crime Defense
If you or someone you know has been charged with a drug-related crime, contact Price & Twine, PLLC. Georgetown criminal defense attorney Michael J. Price carries decades of experience practicing criminal law in Texas. He prides himself on treating each client with the respect, personal attention, and providing the experienced defense that they deserve.
Price & Twine, PLLC defends clients in Georgetown, TX and throughout the greater Williamson County and Bell County, Texas area. Our attorneys will make every effort to find applicable defenses or mitigating factors to the allegations against you. Contact us at (512) 354-1880 to schedule a consultation free of charge.
Information Center
- What Drugs Are Illegal in Texas?
- Drug Penalty Groups in Georgetown, TX
- Drug Crime Penalties in Texas
- Drug Possession Penalties in Texas
- Additional Drug Crime Defenses Resources
What Drugs Are Illegal in Texas?
Most people believe that only particular drugs such as cocaine or cannabis are illegal in Texas. However, that is not the case. Drug offenses include both illegal and legal prescription (and even over the counter) drugs. Many Texans have been charged for illegal possession of legal prescription drugs such as Hydrocodone (Vicodin, Lortab, Lorcet), Oxycodone (OxyContin, Percocet, Percodan, or Tylox), Alprazolam (Xanax, Xanor, Alprax, and Niravam), Diazepam (Valium).
Overall, there is an extensive list of substances that are prosecuted under drug crimes. They are include, but are not limited to:
- Heroin
- Hashish
- Bath Salts
- Cannabis
- Cocaine
- Ecstasy
- GHB
- Heroin
- Ketamine
- Krokodil
- LSD
- Marijuana (“Marihuana”)
- MDMA
- Mescaline
- Opium
- PCP (Phencyclidine)
- Psilocybin (mushrooms)
- Rohypnol
- Speed (methamphetamine or simply “Meth“)
- Synthetic Marijuana (Spice or K2)
Drug Penalty Groups in Georgetown, Texas
The severity of a person’s punishment for a drug crime offense depends on several factors. One of them includes what penalty group the drug is classified under. Texas categorizes illegal drugs into different classifications to determine the penalties. This classification process takes into account the drug’s level of chemical dependency and the relative medical use of the drug. The following are some drugs found in Texas Penalty Groups.
- Penalty Group 1 – Per Texas Health & Safety Code Section 481.102, the drugs in Penalty Group 1 include 10 different subcategories and have a very high risk of chemical dependency. Notable drugs listed are Cocaine, Oxycodone, and Heroin.
- Penalty Group 1-A – Penalty Group 1-A consists of lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers. It is considered a hallucinogenic drug.
- Penalty Group 2 or 2-A – Penalty Group 2 contains an extensive list of chemicals, but the most notable drugs are synthetic THC and PHP. Many drugs under this group have a high risk for abuse and addiction.
- Penalty Group 3 – Drugs found in penalty group 3 are frequently used in the medical field. Penalty Group 3 drugs include notable prescription drugs like Testosterone and other anabolic steroids, Alprazolam (Xanax), and Clonazepam (Klonopin), among other brand names).
- Penalty Group 4 – Drugs found in penalty group 4 are the safest to consume and can be used medicinally if by instructed by a professional. Examples include Buprenorphine, which is used in heroin addiction recovery and codeine, used in cough medicines.
Drug Possession Penalties in Texas
The punishment for possession of a drug in each group varies, with Penalty Group 1 carrying the most severe punishment and Penalty Group 4 carrying the least. There are many valid defenses that can be utilized against drug possession charges. A skilled criminal defense attorney such as Price & Twine, PLLC may be able have charges against you reduced or dropped altogether.
Penalties for Possession of a Penalty Group 1 Drug
| Penalty Group | Sentence | Weight (Grams) | Prison Term | Maximum Fine |
| Group 1 | State Jail Felony | Under 1 gram | 180 days – 2 years | Up to $10,000 |
| Second-Degree Felony | 1 to 4 grams | 2 to 20 years | Up to $10,000 | |
| First-Degree Felony | 4 to 200 grams | 5 to 99 years | Up to $10,000 | |
| First-Degree Felony | 200 to 400 grams | 10 to 99 years | Up to $100,000 | |
| First-Degree Felony | Over 400 grams | 15 to 99 years | Up to $250,000 |
Penalties for Possession of LSD
The drug LSD or lysergic acid diethylamide can be found under penalty group 1-A.
| Penalty Group | Sentence | Units | Prison Term | Maximum Fine |
| Group 1-A | State Jail Felony | Under 20 units | 180 days – 2 years | Up to $10,000 |
| Second-Degree Felony | 20 to 80 units | 2 to 20 years | Up to $10,000 | |
| First-Degree Felony | 80 to 4,000 units | 5 to 99 years | Up to $10,000 | |
| First-Degree Felony | Over 4,000 units | 15 to 99 years | Up to $250,000 |
Penalties for Possession of a Penalty Group 2 or 2-A Drug
| Penalty Group | Sentence | Weight (Grams) | Prison Term | Maximum Fine |
| Group 2 or 2-A | State Jail Felony | Under 1 grams | 180 days – 2 years | Up to $10,000 |
| Second-Degree Felony | 1 to 4 grams | 2 to 20 years | Up to $10,000 | |
| First-Degree Felony | 4 to 400 grams | 5 to 99 years | Up to $10,000 | |
| First-Degree Felony | Over 400 grams | 10 to 99 years | Up to $100,000 |
Penalties for Possession of a Penalty Group 3 or 4 Drug
| Penalty Group | Sentence | Weight (Grams) | Prison Term | Maximum Fine |
| Group 3 or 4 | State Jail Felony | Under 28 grams | 180 Days – 2 Years | Up to $10,000 |
| Second-Degree Felony | 28 to 200 grams | 2 to 20 years | Up to $10,000 | |
| First-Degree Felony | 200 to 400 grams | 5 to 99 years | Up to $10,000 | |
| First-Degree Felony | Over 400 grams | 10 to 99 years | Up to $100,000 |
Common Drug Crime Defenses in Texas
In Texas, drug crime charges can include possession, manufacture, conspiracy, distribution, and sale. There are several ways a drug crime defense lawyer can defend someone after they have been charged with an offense. Some common defenses used against drug charges in Texas includes the following:
- Illegal Search and Seizure – Criminal defense attorney Michael J. Price can utilize illegal search and seizure as a defense if the police illegally obtained evidence. The United States Constitution forbids the police from searching homes without warrants, and automobiles without probable cause. In fact, police must follow very strict procedures even when they are executing a search warrant. Evidence that was illegally obtained by a law enforcement officer may be suppressed in court. If the jury does not see the evidence, the defendant cannot be convicted of a drug crime.
- Police Abuse of Power – There are several types of police misconduct. They include falsification of evidence, coerced false confession, and intimidation among others. Evidence obtained using abuse of power can be suppressed and from there the case altogether may be dismissed based on lack of evidence.
- Medical Marijuana (Legal Use) – Price & Twine, PLLC can utilize medical marijuana as a defense in several ways. If the defendant is brought before a federal court in a state that does not recognize a medical marijuana prescription, no defense exists. Additionally, there are several restrictions in place that allow for medical marijuana possession including how much a person may possess at a time.
Additional Drug Crime Defenses Resources
Drug Enforcement Administration – Federal Drug Penalties – The Drug Enforcement Administration (DEA) are dedicated to enforcing the controlled substances laws and regulations of the United States. Visit the website to view the penalties for various drug offenses, such as trafficking drugs, drug possession and possession with the intent to distribute.
Texas Controlled Substances Act – Visit Chapter 481 of the Texas Health and Safety Code, which defines drug offenses throughout the state of Texas. Offenses include possession of a controlled substance and possession of drug paraphernalia. This chapter is also known as the Texas Controlled Substances Act.
Georgetown Drug Crime Defense Attorney
When facing criminal charges, you are fighting for your freedom and livelihood. You should not leave your defense to chance when the stakes are so high. Whether you are being charged in state or federal court, Price & Twine, PLLC can defend you against charges of drug related crimes.
If you have been charged with a drug crime offense, contact us today. We represent clients in Georgetown, or any of the surrounding areas of Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights. Call Law Office of Price & Wiggins, P.C. at (512) 354-1880 for a free consultation.