When compared to some other states, Texas has extremely severe penalties
for drug crime convictions. This can likely be contributed in part to
the state’s longstanding “tough on crime” attitude,
but it may also be impacted by the uniquely large border shared with Mexico.
Due to the fact that many people try to transport drugs through the state,
Texas authorities prosecute these crimes very aggressively.
Texas Has Unique Drug Classifications
In the state of Texas, drugs will fall into one of five penalty groups,
which are essentially a classification of the severity of the drug. These
- Penalty group 1 is the most serious, and includes drugs like cocaine, methamphetamines,
and heroine (penalty group 1A also covers all forms of LSD)
- Penalty group 2 includes ecstasy, PCP, mescaline, and several others
- Penalty group 3 primarily includes prescription drugs, such as Valium and Xanex
- Penalty group 4 includes serious drugs that are less commonly abused, such
- Marijuana has its own special penalty group, with unique penalties
The exact consequences for each of these penalty groups will vary widely
based on the amount that you are caught with. For example, less than 28
grams of a Group 4 drug can get you up to 180 days in jail, among other
penalties, while 400 grams of a Group 1 drug will put you behind bars
for at least 10 years. Furthermore, the penalties can increase drastically
if there are any aggravating factors.
What Are Aggravating Factors?
Similar to many other states, Texas has increased consequences for drug
offenses involving certain aggravating factors. One common example of
aggravating factors is if the offense occurs in a school zone or other
designated drug-free area. Additionally, a simple drug possession offense
will be more serious if the prosecution can prove that there was intent
to distribute the drug. While this seems like it might be challenging
to prove, the mere presence of a scale or a large amount of the drug can
be used as evidence of intended distribution.
Facing Drug Charges? Call (940) 580-4287 Today.
If you’ve been arrested for drug possession or distribution, you
need to retain an aggressive defense attorney immediately. These charges
carry extremely serious consequences, and can have a serious impact on
the rest of your life. When you retain the Law Office of Nathan Miller,
our Denton criminal defense attorney will fight tirelessly to defend your
rights and freedom.
Don’t face drug charges alone. Call (940) 580-4287 for a tough, aggressive advocate.