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 groups are:
- 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 as morphine
- 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.