Drug Crimes

There are several drug offenses that the State of Texas and the United States government can charge you with.

  • Drug possession
  • Drug manufacturing
  • Drug distribution

The range of punishment for each offense depends on the type and amount of drugs involved.

Marijuana is one of the most popular illegal substance today.  States across the country are decriminalizing and legalizing the use and possession of marijuana.  Texas, however, is not one of those states.  Here is a general breakdown of marijuana possession and delivery laws and their punishments:

  • Class C Misdemeanor (fine not to exceed $500):
    • Possession of drug paraphernalia
  • Class B Misdemeanor (Up to 6 months in county jail and/or a fine up to $2,000 for first time offenders):
    • Possession of two ounces or less
    • Falsification of drug test results
    • Delivery of 1/4 ounce or less without remuneration
  • Class A Misdemeanor (Up to 6 months in county jail and/or a fine up to $4,000 for first time offenders):
    • Possession between two and four ounces
    • Delivery of 1/4 ounce or less with remuneration
  • State Jail Felony (Between 6 months and 2 years in state jail, and a fine up to $10,000 for a first time offender):
    • Possession between four ounces and five pounds
    • Delivery of between 1/4 ounce and 5 pounds
  • Third Degree Felony (Between 2 and 10 years in the Texas Department of Criminal Justice and a fine not to exceed $10,000 for first time offenders):
    • Possession between five and 50 pounds
  • Second Degree Felony (Between 2 and 20 years in the Texas Department of Criminal Justice and a fine not to exceed $10,000 for first time offenders):
    • Possession between 50 and 2,000 pounds
    • Delivery of marijuana to a child
    • Delivery of between five and 50 pounds 
  • First Degree Felony (Between 5 and life or a term of 99 years and a fine not to exceed $10,000 for a first time offender):
    • Possession of more than 2,000 pounds
    • Delivery of between 50 and 2,000 pounds

Other drugs are charged depending on what penalty group they fall into.  Here is a brief summary of each penalty group:

  • Penalty Group 1: Cocaine, heroin, methamphetamine, ketamine, oxycodone
  • Penalty Group 1-A: LSD
  • Penalty Group 2: Ecstasy, PCP, Mescaline
  • Penalty Group 3: Valium, Xanax, hydrocodone
  • Penalty Group 4: Buprenorphine

Penalty Group 1 substances have the following punishment ranges:

  • State Jail Felony:
    • Possession of less than one gram
    • Manufacturing/delivery of less than one gram
  • Third Degree Felony:
    • Possession of between 1 and 4 grams
  • Second Degree Felony:
    • Possession of between 4 and 200 grams
    • anufacturing/delivery of between one and four grams
  • First Degree Felony:
    • Possession of between 200 and 400 grams
    • Manufacturing/delivery of between four and 200 grams.
  • Life or a term of not more than 99 years or less than ten and a fine note to exceed $100,000:
    • Possession of 400 grams or more
    • Manufacturing/delivery of between 200 and 400 grams
  • Life or a term of not more than 99 years or less than 15 years:
    • Manufacturing/delivery of 400 grams or more

Penalty Group 1-A substances have the following punishment ranges:

  • State Jail Felony:
    • Possession of less than 20 units
    • Manufacturing/delivery of less than 20 units
  • Third Degree Felony:
    • Possession of between 20 and 80 units
  • Second Degree Felony:
    • Possession of between 80 and 4,000 units
    • Manufacturing/delivery of between 20 and 80 units
  • First Degree Felony:
    • Possession of between 4,000 and 8,000 units
    • Manufacturing/delivery of between 80 and 4,000 units
  • Life or term of not more than 99 years or less than 15 years and a fine not to exceed $250,000:
    • Possession of more than 8,000 units
    • Manufacturing/delivery of 4,000 or more units

Penalty Group 2 substances have the following punishment ranges:

  • State Jail Felony:
    • Possession of less than one gram
    • Manufacturing/delivery of less than one gram
  • Third Degree Felony:
    • Possession of between one and four grams
  • Second Degree Felony
    • Possession of between four and 400 grams
    • Manufacturing/delivery of between one and four grams
  • First Degree Felony
    • Possession of 400 grams or more
    • Manufacturing/delivery of between four and 400 grams
  • Life or a term of not more than 99 years or less than ten and a fine note to exceed $100,000:
    • Possession of 400 or more grams

Penalty Group 3 and 4 substances have the following punishment ranges:

  • Class B Misdemeanor:
    • Possession of less than 28 grams of a Penalty Group 4 substance
  • Class A Misdemeanor:
    • Possession of less than 28 grams of a Penalty Group 3 substance
  • State Jail Felony:
    • Manufacture/delivery of less than 28 grams of a Penalty Group 3 and 4 substance
  • Third Degree Felony:
    • Possession of between 28 and 200 grams of a Penalty Group 3 and 4 substance
    • Manufacture/delivery of between 28 and 400 grams of a Penalty Group 3 and 4 substance
  • Second Degree Felony:
    • Possession of between 200 and 400 grams of a Penalty Group 3 and 4 substance
  • First Degree Felony:
    • Possession of more than 400 grams of a Penalty Group 3 and 4 substance
    • Manufacture/delivery of between 200 and 400 grams of a Penalty Group 3 and 4 substance
  • Life or a term of not more than 99 years or less than ten and a fine note to exceed $100,000:
    • Manufacture/delivery of 400 or more grams of a Penalty Group 3 and 4 substance

To effectively defend against a drug charge, the State must prove an effective link between you and the contraband.  Additionally, if a law enforcement officer illegally seized the contraband, the defense can move to suppress the illegally obtained evidence.  

Because the actual punishment and collateral consequences stemming from a drug conviction can greatly hamper your future, you need an aggressive criminal defense lawyer who will fight for you. Mack Schaffer will investigate your case and attempt to obtain the resolution that you want.  Whether you want a trial or a resolution that can ultimately result in a dismissal of charges or a deferred finding of guilt, you need a defense attorney who will come to court ready to fight.  Set up your free consultation today.