Texas drug laws classify drug crimes into categories based on the type of drug and whether an individual only possesses the drug, deals in the drug, or manufactures it. Possession of a controlled substance is the most common drug offense and the least severe in terms of possible punishment.
On the other hand, manufacturing controlled substances is the most serious type of drug offense in terms of the possible punishment. It can lead to felony drug charges.
In addition, Texas distinguishes between “hard” drugs, which are synthetic drugs, and others, such as marijuana, that are viewed as less dangerous. So among the most serious drug offenses in Texas would be manufacturing a synthetic drug with the intent to distribute it.
Finally, as it relates to sentencing, there are other factors that influence the punishment to which a defendant is sentenced. These factors include whether it is the defendant’s first offense or a second or subsequent one. Whether the defendant has a criminal record of other non-drug offenses is considered in sentencing. Other factors are whether the defendant has standing in their community and the like. Many such factors are taken into account in sentencing.
A Texas lawyer would be able to provide additional details.
What Are Some Examples of Felony Drug Charges?
In Texas, possession of “medical” marijuana is legal. Knowing possession of marijuana without a prescription is illegal.
However, possession of 2 ounces or less is a Class B misdemeanor that can be punished by payment of a fine of up to $2,000 and up to 180 days in a county jail.
A defendant who possesses 4 ounces or less but more than 2 ounces of marijuana would be charged with a Class A misdemeanor criminal offense. If convicted, the defendant could be sentenced to payment of a fine of up to $4,000 and/or a maximum of 1 year in a county jail.
The crime of possession of marijuana becomes a felony criminal offense if a defendant possesses more than 4 ounces and up to 5 pounds. This is what is called a “state felony” in Texas and as such, it is the least severe of felony offenses.
An individual caught with 50 pounds or less but more than 5 pounds can be convicted of a 3rd-degree felony. This is punishable by a minimum of 2 years and a maximum of 10 years in state prison.
The most serious felony involving marijuana is possession of more than 2,000 pounds of the substance. This is punishable by a minimum of 5 years and a maximum of 99 years in prison.
The law in Texas regarding cocaine is very different. Possession of any amount of cocaine is a felony criminal offense. It is punishable by a minimum of 2 years to a maximum of life in prison and payment of a fine of between $10,000 and $250,000.
A defendant’s exact punishment would still depend on the amount of the substance that they possess.
What Are the Consequences of Felony Drug Charges?
Other controlled substances, in addition to cocaine, belong to penalty group 1 in Texas. They include such substances as heroin, oxycodone, opium, methamphetamines, and Ketamine. Fentanyl is included within penalty group 1-B.
Conviction of possession of any amount of these substances is a felony in Texas. The possible punishments are as follows:
- Possession of less than 1 gram is punishable by imprisonment in jail for 180 days to 2 years.
- Possession of between 1 and 4 grams is a 3rd-degree felony and is punishable by a minimum of 2 to a maximum of 10 years in prison.
- Possession of between 4 and 200 grams is a 2nd-degree felony and is punishable by from 2 to 20 years in prison.
- Possession of between 200 and 400 grams is a 1st-degree felony and is punishable by incarceration for 5 to 99 years in state prison.
- Possession of 400 grams or more is punishable by a sentence of life in prison or from 10 to 99 years in prison and payment of a fine of a maximum of $100,000.
Felony Drug Charges for First-Time Offenders
It is impossible to say what the punishment would be for a felony drug charge for any particular defendant, even a defendant whose conviction would be their first. The possible punishment is what is prescribed by law, as reported above. It would depend on the substance the offender possessed, their intent in possessing it, and other factors as well.
However, the lawyer for a defendant facing a first drug offense charge might change the possible outcome, if the lawyer negotiates a plea agreement that involves the defendant pleading guilty to a lesser charge.
Many felony drug crimes also specify a range of possible prison sentences. So a defendant might be sentenced to more time or less time in jail or prison depending on various circumstances. They might be sentenced to a lesser amount of time if they are a first-time offender. Or, they might be sentenced to payment of a fine and no time in jail or prison.
In Texas, a defendant who can prove that they have never before been convicted of a felony can be sentenced to probation and, in this way, avoid imprisonment if they comply with the terms and conditions of their probation. There are, however, many exceptions to this rule.
Felony Drug Charges for Repeat Offenders
If a defendant is a repeat offender and their current case involves a charge for a felony drug offense that is not their first, they can probably expect to be sentenced in the higher range of the legally prescribed punishment.
For example, if the offense is possession of between 4 and 200 grams of oxycodone and the defendant is convicted, they might be sentenced to up to 20 years in prison, whereas a first offender might be sentenced to 2 years in prison. In other words, punishment for conviction of a second or subsequent offense would, in all likelihood, be more severe, as allowed by the law, than would the punishment for a first offense.
Are There Any Immigration Consequences for a Felony Drug Charge?
The possible immigration consequences for conviction of a state felony drug offense include deportation, mandatory detention, ineligibility to gain legal residence status, loss of asylum, or loss of the ability to gain asylum. Other possible consequences include being barred from becoming a citizen, which could be temporary or permanent.
However, simple possession of 30 grams or less of marijuana for personal use is not an offense for which the defendant may be deported.
An individual who is especially concerned about the immigration consequences of being convicted of a state drug offense should seek legal advice for their particular situation.
Do I Need a Lawyer for Help With Felony Drug Charges?
If you have been charged with a felony drug offense in Texas, you need to consult a drug crime attorney in Texas. LegalMatch.com can put you in touch with a Texas attorney who is knowledgeable about the complexities of Texas drug laws and their immigration implications as well.
