The year 2024 brings significant changes to drug laws in Texas. As an Austin criminal defense lawyer, we stay updated on these changes to protect your rights and navigate the legal system effectively. Below is some information on new drug laws in Texas and how they may impact individuals facing drug-related charges.

Understanding the Changes in Texas Drug Laws

Drug laws in Texas have undergone a transformation in recent years, with 2024 bringing new amendments and updates. It is vital to be aware of these changes to make informed decisions and protect your rights. Some key changes include:

Reduced Penalties for Small Possession

Texas has recognized the need for a more balanced approach to drug possession charges. Small possession offenses, such as possession of small amounts of marijuana, now carry reduced penalties. This change reflects a shift towards treating drug addiction as a public health issue rather than a criminal one.

Expanding Access to Rehabilitation Programs

The focus on rehabilitation over incarceration has gained momentum in Texas. The state has expanded access to diversion programs, drug courts, and treatment options for individuals struggling with substance abuse disorders. These programs aim to address the root causes of drug addiction and prevent relapses.

Revised Sentencing Guidelines

In an effort to address systemic biases in the criminal justice system, Texas has revised its sentencing guidelines. The new guidelines aim to ensure fairness and reduce disparities in drug-related sentencing. Judges now have more discretion in determining appropriate sentences based on individual circumstances.

Marijuana Decriminalization Efforts

While Texas has not fully legalized recreational marijuana, there have been continued efforts towards decriminalization. Possession of small amounts of marijuana may result in citations or fines rather than criminal charges. However, it is essential to note that strict penalties still apply to larger quantities and distribution offenses.

These changes reflect a more nuanced and compassionate approach to drug offenses in Texas. They acknowledge the need for rehabilitation and address systemic biases in the criminal justice system. However, keep in mind that recreational marijuana is not legal, and there are still potential consequences. 

New Drug Laws in 2023

Let’s take a closer look at three key Texas drug laws that took effect in 2023:

HB 25 – Prescription Drug Importation

One of the significant changes in Texas’ drug laws is HB 25, which allows the importation of cheaper prescription drugs from Canada through a program designed by the Health and Human Services Commission. The idea behind this law is to make affordable prescription drugs more accessible to consumers. 

By importing drugs from Canada, where drug prices are often significantly lower than in the United States, Texas residents can benefit from more affordable options without compromising their health. This reform has the potential to make a significant impact on individuals who struggle with high drug costs, ensuring that their access to necessary medications remains uninterrupted.

HB 6 – Fentanyl Penalties

Another crucial update to Texas’ drug laws is HB 6, which enhances penalties for those involved in manufacturing or selling fentanyl. Fentanyl is a potent synthetic opioid responsible for numerous overdose deaths. In response to this growing public health concern, the penalties for fentanyl-related offenses have been increased, particularly in cases where someone’s death resulted from fentanyl use.

Under this new law, fentanyl overdoses are classified as “poisonings,” allowing for potential murder charges for those who manufacture or sell the drug when the use of fentanyl leads to someone’s death. By imposing stricter penalties for these offenses, Texas aims to deter the production, distribution, and use of fentanyl, ultimately protecting its residents from the severe consequences associated with this dangerous substance.

HB 3144 – Fentanyl Awareness Month

Recognizing the urgent need to address the rising rates of fentanyl-related deaths, Texas has designated October as Fentanyl Poisoning Awareness Month through HB 3144. This law aims to raise awareness about the dangers of fentanyl and potential overdoses, fostering a greater understanding of the risks associated with this powerful opioid.

Call a Austin Criminal Defense Lawyer

Contact Law Office of David D. White for legal representation in criminal defense matters in Austin, Texas. If you’ve been arrested for a drug crime, our skilled Austin criminal defense attorney will protect your rights and vigorously advocate for your best interests. To schedule a free legal consultation and case review, contact our office now.