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- 709 N San Jacinto St Conroe, Texas 77301
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Montgomery County Drug Crime Attorneys
Texas Drug Crimes
The Texas Controlled Substances Act makes it illegal to possess controlled substances such as cocaine, heroin, methamphetamine, and other street drugs or medical drugs without an authorized prescription.
When you are found in possession of such drugs, you will face fines, jail time, and more, depending on the circumstances of the offense. While all drug crimes are punished harshly, potential penalties, ranging from misdemeanor jail time to felony prison time, depend on the type of drug, the amount that was found in your possession, the area where you were arrested, and other situations.
More serious drug crimes in Texas include:
- Possession of drugs with the intent to sell
- Possession of drugs in a drug-free zone, such as near a daycare or elementary school
- Possessing large amounts of controlled substances
You could be charged with felony drug charges depending on the type and amount of drugs found in your possession, selling or distributing drugs, or where other aggravating factors are present, such as committing a drug crime near a school or playground or in the presence of a minor, drug crimes involving firearms, or gang-related drug crimes.
Felony convictions can be punishable by prison sentences, high fines, and long probation.
Possession of Dangerous Drug
A dangerous drug is a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act).
A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist or practitioner. An offense under this section is a Class A misdemeanor and carries a range of punishment of up to 1 year in the county jail and a $4,000 fine.
Possession of Drug Paraphernalia
A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of Chapter 481 of the Texas Health and Safety Code or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
Possession of Drug Paraphernalia is a class C misdemeanor and is punishable by a $500 fine.
Possession of Controlled substance
A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in various Penalty Groups under the Texas Controlled Substances Act, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
Depending on the type of controlled substance and the amount possessed these charges can range from a class B misdemeanor up to a first degree felony.
Manufacture / Delivery of Controlled Substance
A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in the Penalty Groups in the Texas Controlled Substances Act.
These charges carry harsher punishment ranges than possession charges and the higher the amount of the controlled substance the higher the level of the felony charge.
Depending on the type of controlled substance and the amount manufactured or delivered, this offense can range from a state jail felony, to a third degree felony, to a second degree felony, or all the way up to a first degree felony. A state jail felony is punishable from a minimum of 6 months up to a maximum of 2 years in state jail prison and a $10,000 fine. A third degree felony offense is punishable from a minimum of 2 years and up to a maximum of 10 years in prison and a $10,000 fine. A second degree felony offense is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine.
A first degree felony offense is punishable from a minimum of 5 years and up to a maximum of 99 years or life in prison and a $10,000 fine.