Synthetic Drugs in Texas: Legal Risks and Penalties

Picture yourself entering a store and noticing brightly colored packages labeled as “herbal incense” or “bath salts.” These products are promoted as safe alternatives to traditional drugs. However, many are unaware that these products can contain powerful synthetic drugs with serious risks.

In Texas, the rise of these substances has created a challenging landscape for law enforcement and communities alike. This blog examines the legal status of these drugs and discusses the potential consequences of involvement with them.

What are Synthetic Drugs?

Synthetic drugs, also known as designer drugs, are lab-created substances meant to replicate the effects of traditional drugs. Some of the most common types are synthetic cannabinoids, often sold as “Spice” or “K2,” and synthetic cathinones, known as “bath salts.” Although they are marketed as safer alternatives to natural drugs, they can actually be much more dangerous and unpredictable.

Texas Legal Status of Synthetic Drugs

In Texas, synthetic drugs are strictly regulated and illegal. These substances imitate the effects of drugs like marijuana and methamphetamine. They are classified under Penalty Group 2-A in the Texas Controlled Substances Act.

The state continuously updates its list of banned compounds to keep pace with emerging chemical variations. Possessing synthetic drugs can lead to severe penalties, such as hefty fines and extended prison sentences. The severity of the consequences depends on the amount and type of substance involved.

Penalties for Synthetic Drug Offenses in Texas

In Texas, synthetic chemical compounds that act as cannabinoid receptor agonists and mimic the pharmacological effect of naturally occurring cannabinoids are classified under Penalty Group 2-A according to Health and Safety Code § 481.1031. Additionally, under Texas Health and Safety Code § 481.1161, anyone caught with these substances can be charged based on how much of the drug they have. Here is a general overview of the synthetic drug charges in Texas:

Possession of Synthetic Drugs in Texas

• Less than 2 ounces: This is considered a Class B misdemeanor. If convicted, you could face up to 180 days in jail and a fine of up to $2,000.
• Having 2 to 4 ounces of this substance is a Class A misdemeanor. The punishment can include up to one year in jail and a fine of up to $4,000.
• The amount from 4 ounces to 5 pounds classifies as a state jail felony. The penalties include 180 days to 2 years in a state jail and a fine of up to $10,000.
• Between 5 and 50 pounds: This constitutes a felony of the second degree. If the court convicts you, it could sentence you to 2 to 20 years in prison and fine you up to $10,000.
• More than 50 pounds: This amount results in a first-degree felony. The punishment ranges from 5 to 99 years in prison and a fine of up to $10,000.

Manufacture or Delivery of Synthetic Drugs in Texas

• Less than 1 gram: This is a state jail felony, with penalties ranging from 180 days to 2 years in a state jail and a fine of up to $10,000.
• Holding between 1 and 4 grams of narcotics is a grave offense. It can result in a prison sentence of 2 to 20 years and a fine of up to $10,000.
• Having 4 to 400 grams is a serious offense. This could result in a prison sentence ranging from 5 to 99 years and a penalty not exceeding $10,000.
• If you possess over 400 grams, it constitutes a grave offense. You could face 10 to 99 years in prison, or even life, and a fine of up to $100,000.

Arrested? Don’t Plea, Call Me!

The landscape of synthetic drug regulation in Texas is stringent, reflecting the state’s commitment to combating the dangers these substances pose. Understanding the legal status and potential penalties for synthetic drugs is essential for anyone involved in or impacted by this issue.

If you or someone you know is facing synthetic drug charges, reach out to the Texas Criminal Defense Group. Our experienced attorneys in drug charges provide the support and guidance you need during this difficult time. We can assist with probation matters and work to protect your future. Call today for a consultation and take the first step toward a better outcome.