Texas Drug Offense Defense: Possession, Manufacturing, & Delivery

Facing a drug offense charge in Texas can be a daunting experience with severe consequences, impacting your freedom, finances, and future. Whether you're accused of a crime of possession, manufacturing, or delivery of controlled substances, the legal system can be incredibly complex. If you find yourself in this situation in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, immediate legal representation from an experienced criminal attorney is crucial.

Larman Law is dedicated to providing aggressive and strategic defense for clients accused of drug offenses throughout North Texas. Understanding the basics of Texas drug laws and the potential penalties is the first step toward building a strong defense.

Understanding Drug Offenses in Texas

Texas law categorizes drug offenses based on the type of substance, the quantity involved, and the alleged action (possession, manufacture, or delivery). The State of Texas broadly defines these terms:

• Possession: This doesn't just mean having the drug on your person. Texas law defines possession as "actual care, custody, control, or management" of a controlled substance. This broad definition means you could be charged if drugs are found in your home, car, or even if you have "constructive possession" (knowledge of and control over the drug, even if not physically present).

• Manufacture: This refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance. 

• Delivery: This includes the actual or attempted transfer of a controlled substance to another person. This covers selling drugs, sharing them with friends, or even acting as a middleman in a transaction, regardless of whether money changes hands.

Texas Drug Penalty Groups

Texas law classifies controlled substances into different "Penalty Groups" (PG), based on their perceived danger and potential for abuse. The penalties for drug offenses are directly tied to which Penalty Group the substance belongs to and the quantity involved.

• Penalty Group 1 (PG1): Includes substances like cocaine, methamphetamine, heroin, fentanyl, oxycodone, and hydrocodone (over 300 mg). These carry the harshest penalties.

• Penalty Group 1-A (PG1-A): Primarily includes Lysergic Acid Diethylamide (LSD). Penalties are based on the number of "units" rather than weight.

• Penalty Group 2 (PG2): Includes drugs like Delta-9 THC (other than marijuana) often found in vape pens and edibles, MDMA (ecstasy), PCP, mescaline, and certain hallucinogens.

• Penalty Group 2-A (PG2-A): Specifically covers synthetic cannabinoids (e.g., K2, Spice).

• Penalty Group 3 (PG3): Includes prescription drugs like Xanax, Valium, Ritalin, and codeine (less than 300 mg), as well as certain stimulants.

• Penalty Group 4 (PG4): Includes compounds with narcotic content, such as morphine, and some pharmaceutical preparations.

• Marijuana is treated separately under Texas law and has its own distinct punishment scheme based on weight.

General Punishment Ranges for Drug Offenses in Texas

The penalties for drug offenses are complex and depend heavily on the Penalty Group, the quantity of the drug, the specific type of offense (possession vs. manufacture/delivery), and prior criminal history. Below is a general overview; a detailed understanding requires a review of your specific circumstances.

Possession of a Controlled Substance (POCS)

• Penalty Group 1:

  • Less than 1 gram: State Jail Felony (180 days - 2 years state jail; up to $10,000 fine)

  • 1 gram to < 4 grams: Third Degree Felony (2-10 years prison; up to $10,000 fine)

  • 4 grams to < 200 grams: Second Degree Felony (2-20 years prison; up to $10,000 fine)

  • 200 grams to < 400 grams: First Degree Felony (5-99 years or life prison; up to $10,000 fine)

  • 400 grams or more: Enhanced First Degree Felony (10-99 years or life prison; up to $100,000 fine)

• Penalty Group 2:

  • Less than 1 gram: State Jail Felony

  • 1 gram to < 4 grams: Third Degree Felony

  • 4 grams to < 400 grams: Second Degree Felony

  • 400 grams or more: First Degree Felony (5-99 years or life prison; up to $50,000 fine)

• Penalty Group 3:

  • Less than 28 grams: Class A Misdemeanor (up to 1 year jail; up to $4,000 fine)

  • 28 grams to < 200 grams: Third Degree Felony

  • 200 grams to < 400 grams: Second Degree Felony

  • 400 grams or more: First Degree Felony (5-99 years or life prison; up to $50,000 fine)

• Penalty Group 4:

  • Less than 28 grams: Class B Misdemeanor (up to 180 days jail; up to $2,000 fine)

  • 28 grams to < 200 grams: Third Degree Felony

  • 200 grams to < 400 grams: Second Degree Felony

  • 400 grams or more: First Degree Felony (5-99 years or life prison; up to $50,000 fine)

Possession of Marijuana (POM)

• 2 ounces or less: Class B Misdemeanor

• More than 2 ounces but less than 4 ounces: Class A Misdemeanor

• More than 4 ounces but less than 5 pounds: State Jail Felony

• More than 5 pounds but less than 50 pounds: Third Degree Felony

• More than 50 pounds but less than 2,000 pounds: Second Degree Felony

• More than 2,000 pounds: First Degree Felony

Manufacture or Delivery of a Controlled Substance

Penalties for manufacturing or delivering drugs are generally more severe than for simple possession, even for the same quantity. They range from State Jail Felony to Enhanced First Degree Felony, with prison sentences from 180 days to life and fines up to $250,000, depending on the Penalty Group and quantity.

Note: This is a simplified overview. Enhancements can apply if the offense occurred in a drug-free zone (e.g., near a school), involved a firearm, or if the defendant has prior convictions. Specific fines and incarceration terms can vary. This information is not exhaustive.

Common Questions About Texas Drug Charges:

• Will I go to jail for a drug charge? This depends on the specific charge, the penalty group and quantity involved, your criminal history, and the facts of your case. Many misdemeanor charges may result in probation, but felonies often carry the risk of state jail or prison time.

• What if the drugs weren't mine? "Possession" in Texas includes "care, custody, control, or management." This means even if you don't own the drugs, you could be charged if you are found to have control over them. A strong defense can challenge the State's ability to prove actual or constructive possession.

• Can a drug charge affect my job or housing? Yes, a drug conviction can appear on background checks, making it difficult to secure employment, professional licenses, or housing.

• Are prescription drugs illegal? Possessing prescription drugs without a valid prescription from a doctor is illegal and can lead to serious charges, often falling under Penalty Group 3.

• What about drug testing? Many drug offense cases involve drug testing as a condition of bail, bond, or probation.

Why You Need an Experienced Drug Defense Attorney

A drug charge can feel overwhelming, but an arrest is not a conviction. Many potential defenses and strategies can be employed to protect your rights and future. An experienced Rockwall drug defense lawyer or Dallas drug crime attorney can:

• Investigate the circumstances of your arrest, including potential illegal searches and seizures.

• Challenge the evidence, including lab results and witness testimony.

• Negotiate with prosecutors for reduced charges, diversion programs, or alternative sentencing.

• Represent you aggressively in court.

If you are facing drug offense charges in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, you need dedicated legal representation. Larman Law is committed to fighting tirelessly on behalf of clients, aiming for the best possible outcome in their drug offense case.

Don't leave your future to chance. Contact Larman Law today for a confidential consultation.

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Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.