Houston Drug Crimes Lawyer

Drug crimes in Texas can often refer to a wide range of criminal offenses associated with the possession, manufacturing, distribution, or trafficking of illegal drugs or controlled substances. The severity of drug offenses in Texas will vary depending based on the specific type and quantity of drugs that were involved, as well as the circumstances of the offense. For instance, possessing even a small amount of marijuana for personal use could result in a misdemeanor charge, while the possession of larger amounts of drugs or drugs with a higher possibility for abuse could result in felony charges. The penalties for drug crimes in Texas can vary from hefty fines to lengthy prison sentences, depending on the particular nature and severity of the offense. Below are the stipulations and punishments currently designated for drug crimes under Texas law:

Possession of Marijuana:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 5-99 years or LIFE in prison, up to $50,000 fine.

Delivery of Marijuana:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 5-99 years or LIFE in prison, up to $100,000 fine.

Possession of Controlled Substances:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

Delivery/Manufacture of Controlled Substances:

• Minimum Punishment:​ 180 days to 2 years in jail, up to $10,000 fine.
• Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

Think about it. Technically, life in prison is still on the books for even just possession of marijuana as a punishment. Although, the actual punishment and sentence will depend on various factors involved in the case, such as amounts of confiscated or alleged contraband or other aggravating circumstances.

What is Penalty Group 2 Drugs in Texas?

There are the following Penalty Group 2 Drugs in Texas: 

• Delta-9 Tetrahydrocannabinol (THC), other than marijuana
• Psilocybin (Mushrooms) 
• 3,4 Methylenedioxy-Methamphetamine (MDMA/ Ecstasy) 
• Phencyclidine (PCP)

What is Penalty Group 3 in Texas?

Penalty Group 3 in Texas refers to controlled substances with a moderate risk of abuse and potential for medical use. Examples include some prescription stimulants (Ritalin), depressants (Xanax, Valium), and anabolic steroids.

Possession penalties vary by amount: under 28 grams is a Class A Misdemeanor, while 28-200 grams is a third-degree felony.

Common Defenses For Drug Crime Charges 

There are multiple defenses that can be used in drug crime cases in the state of Texas. Some common defenses can include the following:

• Lack of intent or knowledge: If the defendant was unaware that the substance in question was illegal or did not have the intention to possess or distribute the substance.
• Illegal search and seizure: If law enforcement officers acquire drugs or other evidence through an illegal search or seizure, then the evidence may be suppressed, and the case could be dismissed.
• Entrapment: If law enforcement officers influenced the defendant to commit the crime, then the defendant may be able to reason that they were entrapped and, therefore, should not be held responsible.
• Duress or coercion: This defense strategy is used if the defendant was forced to commit the crime under threat of harm or other coercion.
• Medical necessity: If the defendant used or possessed drugs for medical reasons, like to treat a medical condition.
• Insufficient evidence: This strategy could be used if the prosecution does not have sufficient evidence to prove that the defendant executed the crime.

It's important to keep in mind that the legal defenses that may be available in a particular case will be dependent on the specific circumstances. Ultimately seeking the legal advice of a qualified drug crimes defense attorney, such as Alexander J. Houthuijzen, should always be the first priority when faced with drug crime charges in Harris County.

Contact our Houston drug crimes defense lawyer today at (713) 999-3655!