The penalty that is applicable to drug crimes in Texas depends in part on the controlled substance involved in the crime. Most controlled substances other than marijuana are listed in a “penalty group.”
Facing any type of drug charge can be a harrowing experience. So make sure to contact a Lubbock drug lawyer from Texas Criminal Defense Group who can stand by your side to help navigate you through these turbulent times.
Drug Penalty Group 2-A
The controlled substances in penalty group 2-A are synthetic cannabinoids. They are known by a variety of street names, including “Spice” and K2.
Although the penalty group lists a number of specific chemical substances that have been designated as synthetic cannabinoids. It also purports to include “any quantity of a synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids.”
Refer to our article aboutSynthetic Cannabinoids (“Spice”) to understand why it might be difficult to prosecute offenses involving synthetic cannabinoids that are not specifically listed in the Texas Controlled Substances Schedules.
Different penalties apply to possession of a controlled substance than the penalties that apply to delivery. Possession with intent to deliver, or manufacturing a controlled substance. Regardless of the crime, however, minimum sentences apply to crimes involving large quantities of drugs listed in drug penalty group 2-A.
Delivery, Possession with Intent to Deliver, or Manufacturing
The potential penalty for delivery. Possession with intent to deliver. Or manufacturing a controlled substance in penalty group 2-A depends upon the weight of the controlled substance involved in the crime. Read our article on Weighing Controlled Substances to better understand how weight is determined.
- Less than one gram. The crime is a state jail felony. Punishable by a state jail sentence of not less than 180 days or more than two years.
- At least one gram but less than four grams. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
- At least four grams but less than 400 grams. The crime is a first-degree felony. Punishable by a prison sentence of not less than five years or more than 99 years. Or by a life sentence.
- 400 grams or more. The crime is punishable by a prison sentence of not less than 10 years or more than 99 years. Or by a life sentence.
Enhancement for Injury or Death
If death or serious injury results from the ingestion of a controlled substance that the defendant delivered. The offense is increased by one degree unless —
- the offense is a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
Enhancement for Crimes Involving Children
If a person under the age of 18 was used in the commission of the offense. The offense is increased by one degree unless —
- the offense is a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
If a person under the age of 18 was made to participate in the offense by the use or threat of force. The offense is a first degree felony unless —
- the offense is already a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
Simple Possession Penalties
The potential penalty for possession of a controlled substance listed in penalty group 2-A depends upon the amount of the drug that was possessed.
- Not more than two ounces. The crime is a Class B misdemeanor. Punishable by a jail sentence of not more than 180 days and/or a fine.
- More than two ounces but not more than four ounces. The crime is a class A misdemeanor. Punishable by a maximum jail sentence of one year.
- More than four ounces but not more than five pounds. The crime is a state jail felony. Punishable by a state jail sentence of not less than 180 days or more than two years.
- More than five pounds but not more than 50 pounds. The crime is a third-degree felony. Punishable by a prison sentence of not less than two years or more than 10 years.
- More than 50 pounds but less than 2,000 pounds. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
- More than 2,000 pounds. The crime is punishable by a prison sentence of not less than five years or more than 99 years. Or by a term of life imprisonment.
How a Drug Lawyer Can Help
Synthetic cannabinoids are a relatively new drug. All new drugs provoke hysterical claims of harm made by drug warriors. Unfortunately, some judges believe those claims and view harsh sentences as the best way to protect society from a threat they are told is dire.
To guard against the hysteria surrounding Spice and other synthetic cannabinoids. You need a Lubbock defense lawyer from Texas Criminal Defense Group. Who has experience convincing courts and prosecutors to behave reasonably.