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 or a loved one are looking at drug charges, be sure to contact a drug lawyer from Texas Criminal Defense Group, who can begin building the most robust defense possible for your case.
Drugs In Penalty Group 1
The controlled substances in Penalty Group 1 include most opiates and opium derivatives, as well as other drugs that the Texas government deems particularly dangerous. Among the other drugs that fall within Penalty Group 1 are:
- Cocaine
- Heroin
- Methamphetamine
- Morphine
- Oxycodone
- Flunitrazepam (Rohypnol)
- Gamma hydroxybutyric acid (GHB)
- Ketamine
“Analogs” of the Lubbock Drug Penalty Group 1 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects) are also included in Penalty Group 1.
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 1.
Delivery, Possession With Intent to Deliver, or Manufacturing
- 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 200 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.
- At least 200 grams but less than 400 grams. The crime is punishable by a prison sentence of not
less than 10 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 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 and Drug
If a person under the age of 18 was present on the premises when the crime was committed. 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 present on the premises when the crime was committed and a minimum sentence applies. The minimum sentence is increased by 5 years.
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 For Simple Possession
The potential penalty for possession of a controlled substance listed in Lubbock Drug Penalty Group 1 depends upon 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 200 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 200 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.
Let an Attorney Help You
Potential penalties for possession or delivery of Lubbock Drug Penalty Group 1 drugs can be severe. The best chance you have to mitigate the damages caused by these charges is to hire an experienced attorney who knows the ins and outs of Texas drug charges. Be sure to contact one of the knowledgeable drug lawyers at Texas Criminal Defense Group as soon as possible.