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.”
Do not make the mistake of underestimating the legal situation that you will find yourself in if charged with any kind of drug crime in Texas. Consult one of the lawyers from Texas Criminal Defense Group to make sure you have the best defense possible.
Drugs in Penalty Group 2
The controlled substances in Penalty Group 2 are generally classified as hallucinogens or stimulants. Among the other drugs that fall within Penalty Group 2 are:
- Mescaline
- Psylocybin (mushrooms)
- Tetrahydrocannabinols (THC) other than marihuana
- Most amphetamines
- “Analogs” of the Penalty Group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects) are also included in Penalty Group 2.
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 Penalty Group 2.
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 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 4 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.
Higher maximum penalties may also apply if the crime involved delivery to a child.
Penalties For Simple Possession
The potential penalty for possession of a controlled substance listed in Penalty Group 2 depends on the amount of the drug that was possessed.
- 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 third-degree felony. Punishable by a prison sentence of not less than two years or more than 10 years.
- At least four grams but less than 400 grams. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
- 400 or more grams. The crime is punishable by a prison sentence of not less than five years or more than 99 years. Or by a life sentence.
How a Drug Attorney Can Help
The potential penalties for possession or delivery of Penalty Group 2 drugs in Texas can be quite daunting. Do not take any chances and contact a seasoned drug attorney from Texas Criminal Defense Group who can defend you against these charges.
For more information on this topic please reach out to our experts from the Texas Criminal Defense Group at (866) 557-4343 or through our contact page.