Texas Drug Charges and Penalties [2024 Updated]

It can be overwhelming to navigate drug laws in Texas, as the state enforces strong regulations with severe consequences to deter this illegal activity from happening at a high rate. The more the public understands Texas drug charges and penalties, the more effectively individuals can avoid these troubles and defend themselves if ever accused of drug crimes.

Overview of Texas Drug Laws

All controlled substances in Texas are categorized based on their potential for abuse and if they can be used for medical purposes. Each category influences how specific offenses may be charged and the extent of the penalties imposed. In most cases, the judge has complete discretion in determining where each case falls on the spectrum of penalties. Please remove this last sentence about the judge having complete discretion in determining where each case falls on the spectrum of penalties.

Most drug offenses in Texas fall into one of these categories:

• Possession of a controlled substance: When someone is aware of illegal drugs on their person or in a piece of property they own, they could be charged with possession of a controlled substance. The severity of this charge can vary depending on the type and quantity of the drug found.
• Manufacture or delivery of a controlled substance: It is illegal to produce and distribute controlled substances. If a person is found producing drugs, the charges and penalties can be more serious than simple possession. Furthermore, the charge can be more severe if the individual is also found to be selling the drugs they produce.
• Possession of drug paraphernalia: Owning items related to illegal substances can result in additional penalties depending on the circumstances. Drug paraphernalia can include pipes, syringes, scales, and even baggies. While it may seem harmless to own these items, it can be enough for law enforcement to further investigate, potentially leading to property searches or the discovery of more evidence related to the possession of illegal substances.
• Possession of marijuana: While the nation is trending toward the legalization of marijuana, in Texas, it is still illegal to possess marijuana without a medical card issued by a licensed physician. As such, Texas still enforces laws against marijuana. The specific penalties you may face will depend on the amount of marijuana found in your possession and if you had any intention to distribute it.

Defending Against Drug Charges

To protect yourself against drug charges in Texas, you need a skilled defense attorney. You can work with them to determine ways to defend your rights and protect your future. For example, after investigating the circumstances of your arrest, your defense attorney might suggest challenging the legality of the stop or search and seizure that led to the discovery of drugs in your possession. If successful, any evidence collected during this search could be deemed inadmissible in court.

Another possible defense strategy could be to question if the defendant was aware that they were in possession of the drugs in the first place. Since drugs can sometimes be found in shared spaces, such as a vehicle or home, a defendant could argue that they had no knowledge of the drugs being present in their shared environment. They may have belonged to a friend or a family member.  This argument would go to the element of possession (having care, custody, control or management) of the drug.

This may require the defense attorney to collect evidence to implicate another person or to raise doubts about whether their client was fully aware of the drugs. Your defense attorney may also ask you to take a drug test. A negative test could support the claim that the drugs were not yours. Together, these actions can help strengthen your defense against the allegations.

FAQs

Q: Do First-Time Drug Offenders Go to Jail in Texas?

A: While first-time drug offenders in Texas may face jail or prison time, it is also possible for them to avoid incarceration the first time around. A first-time offense may be considered a mitigating factor, but the amount of drugs found and the individual’s intentions both play significant roles in deciding if jail time is appropriate or should be imposed.

Q: What Amount of Controlled Substance Can Lead to a Felony in Texas?

A: The type (classification) and amount of controlled substance an individual is found with will have a large impact on if they are charged with a misdemeanor or felony. When it comes to marijuana, someone found in possession of more than five pounds can be charged with a third-degree felony, while possession of more than 2,000 pounds can lead to a first-degree felony charge. More severe drugs, such as cocaine, heroin, methamphetamine and fentanyl can have similar consequences for smaller quantities.

Q: Can You Get Probation for a Felony Drug Charge in Texas?

A: It is possible to be sentenced to probation as a penalty for a felony drug charge in Texas; however, this will depend on the specific details of your case. You may have a higher chance of being given probation if a small quantity of drugs are involved. First-time offenders and those without a history of drug abuse may also be more likely to receive probation.

Q: What Types of Drugs Are Most Commonly Associated With Drug Charges in Texas?

A: Marijuana, cocaine, methamphetamine, heroin and fentanyl are all drugs commonly found in drug charge cases in Texas. Drug charges are not just related to illegal substances found on the street; they can also include prescription medicine, such as opioids, that are illegally sold or given to someone who does not have a valid prescription from a physician.

Contact Harris & Harris Law Group, PLLC, Today

If you have been accused of illegal drug activity in Texas, it’s important to remember that an accusation does not automatically lead to a conviction. You have the opportunity to defend yourself against these allegations and work with an attorney to produce compelling evidence in support of your defense. Contact us today to learn more about defending your rights and how we can be the key resource you need to move forward with your life.