Facing a drug charge in Texas is a serious matter. Whether you are being charged with a small amount of marijuana or a large amount of a more serious drug, such as methamphetamine, cocaine, or heroin, you need the assistance of an experienced and aggressive criminal defense attorney that has a proven track record of ensuring citizens are treated fairly in the criminal justice system.
If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Under Texas drug laws, the seriousness of the crime is determined by the weight of the illegal substance. The greater the weight of the drugs, the more serious the charges. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges.
Texas Drug Possession Laws
The Texas Controlled Substances Act assigns penalties according to the type and amount of drug involved. Drugs are classified into four groups, based on their ability to cause addiction and their medical value. Penalties are given according to the penalty group.
Penalties for Group 1:
- Less than one gram:minimum 180 days in jail or maximum two years in prison, maximum fine of $10,000, or both
- Between one gram and four grams:between two and ten years in prison, maximum fine of $10,000, or both
- Between four grams and 200 grams:between two and 20 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams:between five and 99 years in prison, maximum fine of $100,000, or both
- Four hundred grams or more:between 10 and 99 years in prison, maximum fine of $100,000, or both
Penalties for Group 2:
- Less than one gram:between 180 days in jail and two years in prison, maximum fine of $10,000, or both
- Between one gram and four grams:between two and 10 years in prison, maximum fine of $10,000, or both
- Between four grams and 400 grams:between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more:between five and 99 years in prison, maximum fine of $50,000, or both
Penalties for Group 3:
- Less than 28 grams:up to one year in jail, maximum fine of $4,000, or both
- Between 28 grams and 200 grams:between two and 10 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams:between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more:between five and 99 years in prison, maximum fine of $50,000, or both
Penalties for Group IV:
- Less than 28 grams: up to 180 days in jail, maximum fine of $2,000, or both
- Between 28 grams and 200 grams:between two and 10 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams:between two and 20 years in prison, maximum fine of $10,000, or both
- Four hundred grams or more:between five and 99 years in prison, maximum fine of $50,000, or both
Get Legal Help for Your Drug Possession Charges
An experienced Texas drug crimes attorney can use several different defenses to get your charges reduced or dropped. Here are some of the most common defenses that work in drug possession cases.
Lack of knowledge
What if you didn’t realize the drug was in your possession? Under Texas drug laws, the State of Texas must prove beyond a reasonable doubt that you INTENTIONALLY or KNOWINGLY exercised care, custody, or control over the illegal drug.
However, what happens if you did exercise care, custody, or control over the drugs, but it was NOT intentional? What if you were a passenger in a car that was searched, and you had no idea the drugs were under your seat? Your criminal attorney should examine all evidence related to your case to prepare a legal defense establishing you had no knowledge or intent to possess the controlled substance.
Covered by prescription
Did you get arrested and charged for a crime for which you had a valid prescription? We find this situation arrive frequently when someone carries prescription medication separate from the prescription bottle. Many police officers will immediately arrest you for possession of a controlled substance because they do not have proof that you have a valid prescription.
You should immediately provide proof of your valid prescription to your criminal lawyer to prepare a criminal defense. If your drug charge is a felony, your drug lawyer can immediately request the opportunity to present evidence to the grand jury to exonerate you by issuing a no bill. A no bill is the equivalent of a dismissal, and it will allow you to clear your criminal record and put this drug charge behind you.
Insufficient Quantity
In order for the State of Texas to convict you for a drug crime, they must be able to prove the weight of the drug and that it was a useable quantity. What if the amount seized was so small that it would not be useable or able to be weighed?
We find this happen with possession of a controlled substance under 1-gram charges. Under the law, as long as the weight of the illegal drug is under one gram, the State of Texas can arrest you and file a charge. However, what if the amount were so small that it could not be physically used? This is a critical issue that you drug possession attorney should look into before the case is presented to a grand jury.
What Every Texan Should Know about Drug-Free Zones
There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender.
How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs.
One of the first and most notorious of these laws established “drug-free zones.” These laws still exist today, and if you are charged with committing drug crimes in these areas, you could face especially harsh penalties if you don’t get in touch with a knowledgeable lawyer quickly.
What Are Drug-Free Zones?
Drug-free zones are one part of the country’s notorious and failed attempt at a “War on Drugs.” Back before the term was even used to describe the harsh penalties for drug crimes, American lawmakers created “drug-free zones” in areas around schools. If someone engaged in a drug crime at these locations or within a certain distance, they faced increased penalties.
The intention behind these laws was to keep drug dealers from doing business with children and to prevent them from being exposed to drugs. However, as the War on Drugs marched forward, these intentions were lost in the desire to enforce “law and order” through unfair penalties.
How Do Drug-Free Zones Work in Texas?
Let us look at what Texas considers a “drug-free zone.” When you think of keeping drug-free zones around a “school,” you probably immediately think about elementary or middle schools. However, Texas has expanded the definition of a “drug-free zone” to include any place within 1,000 feet of universities, playgrounds, and public swimming pools as well.
Texas is not the only state to expand drug-free zones to places where adults live and work, either. Many states have even extended the definition of a drug-free zone to include public housing.
This is not an accident. Extending drug-free zones to places like public housing specifically targets lower-income people. The penalties for possessing or selling drugs in a drug-free zone are especially harsh, increasing the likelihood that a lower-income person will face harsher charges and fines.
Just as bad, if you expand drug-free zones to places where adults frequently live and work, it takes away the incentive to avoid schools. If you are facing the same harsh charges next to an elementary school, the University of Texas, or a swimming pool, there is no point to specifically stay away from the school itself.
Getting caught with controlled substances in a drug-free zone here bumps your charges up to the next highest charge. For example, if you would have normally been charged with a felony in the third degree, being in a drug-free zone bumps your charges up to a felony in the second degree. The difference in these two charges could result in extra years behind bars or thousands of dollars in fines – even if you are just charged with drug possession.
What to Do If You Are Charged in Texas
If you are charged with a drug crime in a drug-free zone, you will have to work extra hard to build a defense strategy to reduce your sentence or get your charges dropped entirely. Luckily, there are strategies that can help.
In addition to the typical defenses to drug charges, Texas is one of seven states that actually makes exceptions to our drug-free zone laws. If you did not earn a profit while the crime was allegedly committed and there were no children physically present in the drug-free zone, you may not face the additional penalties. Whatever you do, do not take drug charges lying down.
Do not hesitate to contact the Fulgham Law Firm for a free case analysis and consultation to determine your legal defense to protect your freedom.
About the Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.