If you or a loved one is charged with illegal possession or drug trafficking in Texas, you may encounter serious consequences. You’ll need to find a good defense attorney to keep you out of jail and reduce fines. Texas is strict about prosecuting drug crimes, and you will face severe consequences if the court decides you\’re guilty. You can even spend up to 99 years in prison.
No drugs are pardoned, although Texas recently expanded the medical marijuana bill, and reduced penalties for possession of small amounts of marijuana. Unfortunately, Texas refuses to follow the lead of other states and legalize recreational marijuana. So you have to be aware there may be legal ramifications if you do. Using or selling other drugs, such as cocaine and meth, have even more dire consequences in court. If you face any of these charges, contact Davis, Ermis, & Roberts, P.C., and we will provide you the best drug defense attorney in Dallas.
Types of Drug Crimes
There are multiple types of drug crimes that you can be charged with. Drug possession is one of the most common. This simply means you had drugs in your possession. You will receive this charge regardless of your intentions to use it, sell it, or hold it for a friend. Drug trafficking is the selling, transporting, or importing of illegal drugs. Drug manufacturing charges apply to people who are creating, developing, and producing drugs for illegal purposes. You can even be charged with the intent to distribute drugs if a certain amount is found in your possession. Some cases will be taken to state court, while more severe ones may go to the federal court.
Federal vs State Drug Classifications
The federal government and the state government handle drug case classifications a little differently. While the substances are the same, the categories they fall under differ. Under federal law, there are five drug schedules. The first schedule carries the harshest penalties, while the fifth carries the lightest. The drugs in the first schedule are either highly addictive or have no medical value. Some of these drugs include heroin, marijuana, and mushrooms. The fifth category includes drugs like cough suppressants with codeine and anti-diarrheal medication.
Under Texas state law, there are six drug categories known as drug penalty groups. Surprisingly, marijuana is not included in any of the penalty groups, despite it being under schedule one in federal law. Marijuana carries lighter sentences than other drugs, but can still result in years of jail time depending on the charge.
If you are charged in Texas’s criminal courts, you will be subject to the county courthouse and prosecuted by a county attorney. The penalties you will face if convicted are under the Texas drug crime guidelines. Even though federal guidelines are much more strict, you will still face harsh consequences in Texas.
Marijuana, Cocaine, and Meth
These are some of the most commonly abused drugs in Texas. If you are caught with under 2 grams of marijuana, you have committed a Class B Misdemeanor. This can result in a fine of $2,000 and/or up-to 180 days in jail. You might even be ordered to do community service. The more you drugs in your possession, the more serious the consequences. Having up to 2,000 pounds of weed can lead to a $50,000 fine and 5 to 99 years in prison. Selling drugs can result in up to 20 years in prison and a $20,000 fine.
Possession and trafficking cocaine carries even steeper penalties. Having under a gram of cocaine will get you 6 months to 2 years in prison. Meanwhile, possessing over 400 grams can lead to 99 years of prison and a $100,000 fine. Trafficking and manufacturing cocaine can also send you to prison for 99 years, and a $250,000 fine.
Meth carries the harshest punishments of these three drugs. Possessing less than a gram can lead to a $10,000 fine and 2 years in prison. Depending on the amount you possess or traffic, you can also face up to 99 years in prison. If you have needles or drug paraphernalia you can expect more fines.
Contact DER At Once If You\’ve Been Charged With One of These Drug Crimes
Texas takes drug crimes very seriously. You need a well-equipped drug defense attorney to guide you through your options and help you understand the charges. Let our team protect your legal rights and help provide the best defense possible in Dallas and surrounding areas. Give DER a call today, to set up your first consultation.