List of Drug Charges and Sentences in Texas

In this article, we’ll break down the list of drug charges and sentences in Texas, including the key factors that affect sentencing. Texas has some of the strictest controlled substance laws in the country, and understanding the nuances of the penal code is crucial if you’re facing an accusation. Whether you’ve been charged with possession, manufacturing, or delivery, the penalties can severely impact your future.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we can help you understand these complex laws and protect your rights. 

List of Drug Charges and Sentences in Texas

These offenses are categorized into various charges based on the type and quantity involved. The most common crimes include:

• Possession of a controlled substance.
• Possession of a controlled substance with intent to manufacture or deliver (POCS MAN/DEL).

The Texas Controlled Substances Act divides possession charges into penalty groups, and the gravity of the allegations can depend on the amount of the drug, its classification, and other factors. For instance, smaller amounts of certain penalty group drugs may result in misdemeanor offenses, while larger quantities can lead to felony charges.

Texas Drug Penalty Groups and Their Impact on Sentences

The law categorizes controlled substances into different offense groups, each dictating the possible infringements and penalties, including:

1. Group 1: Includes some of the more dangerous and addictive drugs like cocaine, methamphetamine, and heroin, which carry the harshest penalties for possession or distribution.
2. Group 2: Covers ecstasy and PCP.
3. Group 3: Primarily includes medications such as Xanax when possessed without a prescription.
4. Group 4: Consists of products designed for medicinal use and lower abuse potential.

Understanding which penalty group a drug falls under is vital for determining the sentence severity. For more detailed information on these classifications, visit the Texas Attorney General’s Penal Code Overview.

Sentences for Specific Drug Charges in Texas

Possession of Marijuana

Although marijuana is becoming increasingly legalized in many states, Texas carrying a punishment range of up to 180 days in jail and a $2,000 fine. Larger quantities can result in criminal accusations. Sentencing also depends on the location of the offense—drug-free zones like schools result in harsher penalties.

Possession with Intent to Distribute

In Texas if you are charged for possession with intent to distribute or manufacture, the penal code enhanced the penalty range by one level.  For example, possessing between 1 and 4 grams of a Penalty Group 1 drug would normally be charged as a 3rd Degree Felony, carrying a punishment range of 2-10 years in prison.  If you are charged with intent to distribute, you would be charged with a 2nd degree felony which carries a punishment range of a 2 to 20-year prison sentence.

Drug Manufacturing Charges

Manufacturing, including the production of methamphetamine or synthetic drugs, carries heavy sanctions. Convictions range based on the proportions produced, but even small operations can lead to significant prison time. Manufacturing over 400 grams of a Penalty Group 1 substance can lead to 10 to 99 years in prison and fines up to $100,000. For an in-depth look at the theme, refer to Texas Drug Laws and Penalties.

Drug Trafficking Penalties

Trafficking is referred to in the Texas Penal Code as manufacturing or delivering of the drug.  Like those charged with intending to distribute a particular controlled substance, an allegation of producing the illicit drug comes with enhanced penalties.

Collateral Consequences of a Drug Conviction in Texas

Beyond prison time and fines, a conviction can affect your life in many other ways. These consequences may include:

• Loss of professional licenses.
• Difficulty in securing employment.
• Loss of voting rights.
• Restrictions on owning firearms.
• Impediment in obtaining loans or financial aid.

A conviction can follow you long after your sentence ends, severely limiting opportunities in many areas of life. 

Contact an Experienced Austin Drug Crimes Attorney for a Free Consultation

Now that you know more about the list of some of the drug charges and sentences in Texas, and if you face drug crime allegations, remember that you don’t have to go through this alone. An experienced Austin Drug Crimes Lawyer is here to assist with your defense and help you understand the complexities of narcotics laws. Contact us at (512)-369-3737 or schedule for a free consultation and more information about how we can guide you through your case.