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.”
If you find yourself facing any kind of drug charges, make sure to consult with one of the drug lawyers from Texas Criminal Defense Group in order to better understand the legal ramifications of what you are facing.
Drugs in Penalty Group 1-A
The only controlled substance in penalty group 1-A is lysergic acid diethylamide (LSD), including its analogs. LSD is not grouped with other drugs because it is sold by the dose while most other drugs are sold by weight.
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 the drug listed in penalty group 1-A.
Measuring Quantity
The quantity of drugs listed in Drug Penalty Group 1-A is measured in “abuse units.” For the sake of simplicity, this article will refer to an “abuse unit” as a dose. A single dose of LSD is commonly delivered on a square of blotter paper, although it can be delivered on a gelatin capsule, a tablet, a sugar cube, the gummed back of a stamp, or any other delivery mechanism. When a dealer delivers LSD on blotter paper, a single dose is applied to each perforated square on a sheet.
Texas law defines each perforated square is an “abuse unit,” but if the sheet of paper is not perforated, each square quarter inch section of the paper is defined as an “abuse unit.” If the LSD is in liquid form, an “abuse unit” is 40 micrograms.
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 1-A depends upon the amount of the controlled substance involved in the crime. As noted above, Texas law measures quantity in doses or “abuse units.”
- Fewer than 20 doses. 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 20 but fewer than 80 doses. The crime is a second degree felony. Punishable by a prison sentence of not less than two years but not more than 20 years.
- At least 80 but fewer than 4,000 doses. 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.
- 4,000 or more doses. The crime is punishable by a prison sentence of not less than 15 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.
Higher maximum penalties may also apply if the crime involved delivery to a child.
Drug Penalties
The potential penalty for possession of a controlled substance listed in penalty group 1-A depends on the amount of the drug that was possessed.
- Fewer than 20 doses. 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 20 but fewer than 80 doses. The crime is a third-degree felony. Punishable by a prison sentence of not less than two years or more than 10 years.
- At least 80 but fewer than 4,000 doses. 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 4,000 but fewer than 8,000 doses. 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.
- 8,000 or more doses. The crime is punishable by a prison sentence of not less than 15 years or more than 99 years. Or by a life sentence.
Retain the Services of a Drug Lawyer Today
The potential penalty for possession or delivery of LSD in Texas can be severe. Your best opportunity to protect yourself from the life-changing consequences of a conviction is to obtain representation by a skilled attorney who is experienced in the defense of Texas drug charges. Be sure to call one of the drug lawyers at Texas Criminal Defense Group as soon as possible.