Drug Possession

In the State of Texas, drug trafficking is defined as the manufacture or possession with intent to deliver or manufacture of a controlled substance.

State Penalty Groups

The State of Texas breaks controlled substances down into basic penalty groups and these basic categories include the following:

• Penalty Group I includes opiates, Cocaine and Methamphetamine.
• Penalty Group IA includes LSD.
• Penalty Group II includes hallucinogens other than LSD.
• Penalty Group III includes barbituric acid and pentobarbital.
• Penalty Group IV includes narcotics.

Marijuana is in a penalty group all on its’ own in the State of Texas.

A Brief Description of Drug Charges in Texas

Drug possession and drug trafficking charges are based on the type and amount of the drug being used and/or sold.

• > 1 gram of a Penalty Group I drug= State Felony charge, carrying 180 days to 2 years in a state jail plus up to $10,000 in fines.
• 1-4 grams of a Penalty Group 1 drug= Second-Degree Felony, carrying 2-20 years in prison and fines up to $10,000.
• 4-200 grams of a Penalty Group 1 drug= First-Degree Felony, carrying 5-99 years or a life sentence and fines up to $10,000.
• 200-400 grams of a Penalty Group I drug conviction carries 10 years to life in prison and fines up to $100,000.
• < 400 grams of a Penalty Group I drug, a conviction carries15 years to life in prison and fines up to $250,000.

The State of Texas has some of the most severe and rigid drug laws in the nation. In order to ensure you have a strong defense, you must start now. When it comes to Criminal Law, it is best to plan and research your case sooner than later. Time is of the essence when we are working on a Criminal Defense case. It is much better to be over-prepared so you are not surprised by the outcome when your trial(s) occur.

At the Law Office of Bryan Fagan, we look forward to working with you and helping you get the best possible outcome or resolution for your defense case. Please call our office today at: 281-810-9760 to get started today!