Psychedelic Drugs Law in Texas

Views on psychedelics are changing due to increased media coverage and medical research. While some states have legalized or decriminalized certain psychedelics, all psychedelics remain illegal in Texas.

If accused of a drug crime in Texas, individuals can challenge the charges with the help of a criminal lawyer. A strong defense may provide a chance to avoid jail and secure a favorable outcome in the case.

Why is Possessing Psychedelic Drugs Illegal?

Psychedelic drugs also known as hallucinogenic drugs in Texas, are substances that can alter your perception and mood. They’re illegal because of state laws, particularly the Texas Controlled Substances Act. This law classifies them as high-risk for misuse and lacking accepted medical use, making their possession and use against the law in Texas.

What Does Texas Law Says About it?

The Texas Controlled Substances Act, found in Title 6, Chapter 481 of the Texas Health and Safety Code, governs the possession of controlled substances, including psychedelic drugs.

Controlled substances, including popular psychedelics, are categorized into penalty groups in the Act. Most psychedelics fall into Penalty Group I and Penalty Group II, considered the most severe due to a high potential for abuse and limited accepted medical uses, according to the state.

Despite the rise in interest in psychedelic treatments for mental health issues and the lack of evidence suggesting psychedelics are habit-forming, Texas prosecutes the possession of these substances severely.

Common Psychedelic Drugs

LSD, or Lysergic Acid Diethylamide 

It is in Penalty Group 1A, making it illegal in many places. When someone takes LSD, it can cause vivid hallucinations, alter perceptions of time and space, intensify emotions, induce spiritual experiences, and enhance creativity.

Ketamine

Is in Penalty Group 1. If someone takes it, they might experience hallucinations, dissociation, impaired coordination, and an increase in their blood pressure and heart rate.

Psilocybin

Is listed in Penalty Group 2, making it illegal. If someone takes it, they might experience vivid hallucinations, feel time and space differently, have deep thoughts about themselves, experience different emotions from euphoria to anxiety, and even have spiritual feelings.

Mescaline from the Peyote Cactus

Is seen in Penalty Group 2, making it against the law in some places. Taking it can create vivid hallucinations, alter perception, induce happiness, heighten sensory perception, and possibly lead to spiritual feelings.

PCP

It is categorized in Penalty Group 1. Its illegal status is a result of the unpredictable and sometimes violent effects it can have, along with associated health risks.

MDMA

It is classified in Penalty Group 2. Its illegal status is rooted in concerns regarding abuse, health risks, and potential adverse effects.

Psychedelic Drug Penalties

Possession of psychedelic drugs in Texas hinges on factors such as type, quantity, and intent to distribute. Here is a general overview of the potential penalties for drug cases in Texas:

Penalty Group 1:

• • For amounts less than one gram, it’s a state jail felony, leading to 180 days to 2 years in jail and a fine up to $10,000.
  • For one to four grams, it’s a third-degree felony, resulting in 2 to 10 years in prison and a fine up to $10,000.
  • Possessing four to 200 grams is a second-degree felony, carrying a prison term of 2 to 20 years and a fine up to $10,000.
  • 200 grams or more but less than 400 grams: first-degree felony, carrying a prison sentence of 5 to 99 years or life imprisonment and a fine of up to $10,000.
  • 400 grams or more: Enhanced first-degree felony, with a minimum prison term of 10 years and a maximum of life imprisonment, along with a fine of up to $100,000.

Penalty Group 2:

• • Less than one gram: state jail felony, with penalties similar to those for Penalty Group 1.
  • One gram or more but less than four grams: third-degree felony, with penalties similar to those for Penalty Group 1.
  • Four grams or more but less than 400 grams: second-degree felony, with penalties similar to those for Penalty Group 1.

Arrested? Don’t Plea, Call Me!

If you or someone you care about is facing drug charges, you should get a drug defense attorney. A lawyer should know Texas drug laws and understand psychedelic drugs. The Texas Criminal Defense Group is here to protect you. They aim to safeguard you from old laws, overly aggressive prosecution, and the misuse of questionable science.