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Drug crimes tend to deal with either the possession, manufacture, or distribution of a number of different substances.
Most drug crimes focus on possession. In Texas, possession is defined as either the care, custody, control, or management of the substance. This is where most drug offenses can be attacked. If you do not have possession of the drugs, as it is defined by law, then you are not guilty of the offense. For example, if you are in a home where drugs are found, your mere presence in the vicinity of the drugs does not necessarily mean you intended to “possess” the drugs. The government must link you to the drugs to convict you.
The punishment ranges for most drug crimes can vary, from a Class B misdemeanor all the way up to a First Degree Felony where you are looking at spending the rest of your life in prison.
In addition to possible jail time and fines, you should also be aware that a consequence of most drug related offenses is a drivers license suspension upon conviction.
Amount of Marijuana |
Level of Offense |
Punishment Range |
Less than 2 oz. |
Class B Misdemeanor |
Up to 180 days in jail and a $2,000 fine. |
2 oz. to 4 oz. |
Class A Misdemeanor |
Up to 1 year in jail and a $4,000 fine. |
4 oz. to 5 lbs. |
State Jail Felony |
From 6 months to 2 years in a State Jail Facility and a up to a $10,000 fine. |
5 lbs. to 50 lbs. |
3 rd degree Felony |
2 to 10 years in prison and up to a $10,000 fine. |
50 lbs. to 2,000 lbs. |
2 nd degree Felony |
2 to 20 years in prison and up to a $10,000 fine. |
More than 2,000 lbs. |
Basically a 1 st degree Felony with a higher fine limit |
5 to 99 years or life in prison and up to a $50,000 fine. |
Offense |
Amount |
Punishment Range |
PCS
Penalty Group 1
(cocaine, heroine, meth, opium, etc.)
|
400 grams or more |
10 to 99 years or life in prison and up to a $100,000 fine. |
200 grams to 400 grams |
5 to 99 years or life in prison and up to a $10,000 fine. |
4 grams to 200 grams |
2 to 20 years in prison and up to a $10,000 fine. |
1 gram to 4 grams |
2 to 10 years in prison and up to a $10,000 fine. |
Less than 1 gram |
From 6 months to 2 years in a State Jail Facility and a up to a $10,000 fine. |
PCS
Penalty Group 1-A
(acid, LSD, etc.)
|
8000 units or more |
15 to 99 years or life in prison and up to a $250,000 fine. |
4000 to 7999 units |
5 to 99 years or life in prison and up to a $10,000 fine. |
80 to 3999 units |
2 to 20 years in prison and up to a $10,000 fine. |
20 to 79 units |
2 to 10 years in prison and up to a $10,000 fine. |
Less than 20 units |
From 6 months to 2 years in a State Jail Facility and a up to a $10,000 fine. |
PCS
Penalty Group 2
(hallucinogens, ecstasy, amphetamine, etc)
|
400 grams or more |
5 to 99 years or life in prison and up to a $50,000 fine. |
4 grams to 400 grams |
2 to 20 years in prison and up to a $10,000 fine. |
1 gram to 4 grams |
2 to 10 years in prison and up to a $10,000 fine. |
Less than 1 gram |
From 6 months to 2 years in a State Jail Facility and a up to a $10,000 fine. |
PCS
Penalty Group 3
(Diazepam, Alprazolam, etc.)
|
400 grams or more |
5 to 99 years or life in prison and up to a $50,000 fine. |
200 grams to 400 grams |
2 to 20 years in prison and up to a $10,000 fine. |
28 grams to 200 grams |
2 to 10 years in prison and up to a $10,000 fine. |
Less than 28 grams |
Up to a year in jail and a $4,000 fine. |
PCS
Penalty Group 4 |
400 grams or more |
5 to 99 years or life in prison and up to a $50,000 fine. |
200 grams to 400 grams |
2 to 20 years in prison and up to a $10,000 fine. |
28 grams to 200 grams |
2 to 10 years in prison and up to a $10,000 fine. |
Less than 28 grams |
Up to 180 days in jail and a $2,000 fine. |
For assistance or if you have a case, call 713-234-0394.
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