In Texas, the penalties for drug possession, distribution, and trafficking are serious charges that could lead to harsh penalties, including expensive fines, a criminal conviction, loss of professional licensure and the corresponding job, depending on your employment field, and incarceration.
Many people that are unaware of their options, or just want the case to be over, make bad decisions, without the advice from attorneys, that have permanent repercussions. You are not limited to making rushed bad decisions. If you have been charged with a drug-related charge in Odessa, contact a skilled defense attorney that will create a personalized strategy that is designed to get you the best outcome possible in your case. An Odessa drug lawyer can help you fight your charges and protect your rights.
Penalty Groups
The Texas Health and Safety Code provides the state’s drug laws. It groups controlled substances in five categories, known as penalty groups, excluding marijuana. Penalty Group 1 includes ketamine and cocaine among others. Penalty Group 1(a) includes LSD.
Ecstasy and PCP are among the drugs included in Penalty Group 2. Penalty Group 3 includes Valium and less than 300 milligrams of Hydrocodone, among others. Morphine is one of the many drugs included in Penalty Group Four.
Marijuana is not included in the amount the drug groups. However, the penalties for charges related to marijuana are still serious. Possessing less than two ounces of marijuana could result in a person being charged with a Class B misdemeanor. The penalties increase to a first-degree felony when the amount possessed is 2,000 pounds or more.
Drug Possession
An individual that is charged with drug possession in Texas is subject to a wide range of penalties, which is dependent on the substance possessed, prior convictions, and the amount of the substance, among others.
To be charged with possession in Odessa, the accused must intentionally or knowingly possess or have control over an illicit substance, such as cocaine, methamphetamines, or prescription medication, absent a valid prescription.
The penalties for possession range from six months’ incarceration and fines up to $10,000 to 99 years’ incarceration and fines up to $50,000. The penalty incrementally increases based on the penalty group that the substance is categorized under and the amount of the substance possessed.
Drug Distribution
Texas’ drug distribution laws are designed to prohibit importing, transporting, and/or selling unlawful drugs and illicit prescription drugs. While the penalties for possession are strict, the penalties for drug distribution law violations in Odessa are harsher and can be more severe, if there are aggravating factors, which are facts that the government believes make the crime more serious, such as distribution in a drug-free zone.
Drug Trafficking
Drug trafficking is generally described under Texas law as importing, transporting, and/or selling illicit substances, but it differs from distribution in its intent. It is intended to target illegal drug manufacturers, dealers. And anyone else involved in the drug enterprise to prohibit them from doing business in Texas.
Possessing a nominal amount of cocaine may result in a person being charged with possession. Possessing a kilogram of cocaine may result in the same person being charged with drug trafficking. It is irrelevant whether the amount possessed is for personal use. The extensive amount possessed is sufficient to warrant a charge of trafficking.