Felony and Misdemeanor Drug Charges
If you are found possessing illegal drugs you can face very serious criminal charges. The severity of the charge depends on the drug possessed, the quantity of the drugs possessed, the presence of aggravating factors, and the defendant’s past criminal history.
If you are charged with a drug crime in Austin or the surrounding areas in Travis County, Texas, then contact Kevin Bennett to discuss your case. He fights cases involving the possession, possession with intent to distribute, sale, distribution, or trafficking of controlled substances.
The Texas Health and Safety Code divides drugs into 5 penalty groups.
|
Penalty Group
|
Drug |
|
1 |
Cocaine, Heroin, Methamphetamine, GHB, ketamine, oxycodone, and hydrocodone. |
|
1A |
LSD |
|
2 |
Ecstasy (MMDA/Molly), PCP, mescaline, (resinous extractives of Cannabis, not Marijuana) |
|
3 |
Valium, Xanax, Ritalin |
|
4 |
Dionine, Motofen, Buprenorphine or Pyrovalerone |
In the chart below you will find the penalties and charges for specific penalty groups based on the amount of the substance possessed for each penalty group.
Penalty Group 1
|
AMOUNT |
CLASSIFICATION | PENALTY |
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years and a fine of not more than $100,000 |
Penalty Group 1A
|
AMOUNT |
CLASSIFICATION |
PENALTY |
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 units | First-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $10,000 |
| 8,000 units or more | Enhanced first-degree felony | 15 to 99 years in a state prison and a fine of not more than $250,000 |
Penalty Group 2
|
AMOUNT |
CLASSIFICATION |
PENALTY |
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| More than 400 grams | Enhanced First-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Penalty Group 3 & 4
|
AMOUNT |
CLASSIFICATION |
PENALTY |
| 28 grams or less | Class A misdemeanor | No more than 1 year in a county jail and/or a fine $4,000 or less |
| More than 28 grams, but less than 200 grams | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| More than 200 grams or more, but less than 400 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| More than 400 grams | Enhanced First-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Marijuana Possession
Texas law provides for a separate sentencing scheme for marijuana crimes. The chart below describes the penalties for possessing cannabis in Texas.
|
AMOUNT |
CLASSIFICATION |
PENALTY |
| 2 ounces or less | Class B misdemeanor | Not more than 180 days in a county jail and/or a fine of not more than $2,000 |
| More than 2 ounces, but less than 4 ounces | Class A misdemeanor | Not more than 1 year in a county jail and/or a fine of not more than $4,000 |
| More than 4 ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| More than 5 pounds, but less than 50 pounds | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| More than 50 pounds, but less than 2,000 | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| More than 2,000 pounds | Enhanced first-degree felony | 5 to 99 years and a fine of not more than $50,000 |
If you are a first-time offender charged with possessing less than 2 ounces of marijuana, you may be eligible for admittance into a pretrial diversion program. Upon completion of the terms set forth including community service, drug treatment and negative drug test, the state will drop charges against you. After charges are dropped you can petition for an expunction. This will remove the charge from your criminal record.
If you are charged with intent to distribute drugs, your penalties will be higher since that is an aggravating factor. Typically the charge goes up one penalty group. For example, if the amount of drug one possess’ is under the misdemeanor B range, and they were in a school zone, the penalties will correlate with those for a misdemeanor A.
Drug Paraphernalia
If you are caught possessing a drug you may find yourself facing drug paraphernalia charges as well. Under section 481.002 (17) of the Texas Controlled Substances Act, drug paraphernalia includes equipment, products, or materials that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance.
Examples of Drug Paraphernalia
The most common examples of drug paraphernalia crimes in Texas involve one of the following items:
- Kits used for planting and growing illegal controlled substances.
- Grinders/sifters for breaking down and separating drugs
- Baggies to sell drugs in
- Materials and mixtures used or intended for use in manufacturing, producing, converting, and preparing controlled substances
- Mixing devices
- Pipes
- Needles
Finding an Attorney for Drug Crimes in Travis County, TX
If you are facing criminal drug charges in Austin or Travis County, Texas, then contact The Law Office of Kevin Bennett at (512) 476-4626 today for a free consultation. Kevin Bennett is experienced in fighting drug cases throughout the area. He often represents college students at the University of Texas after a charge of possession of marijuana or another controlled substance.
In many of these cases he will file and litigate motions to suppress evidence illegally seized without a warrant and motions to dismissed for insufficient evidence, especially in constructive possession cases.
With an experienced lawyer on your side, you can rest assured that Kevin Bennett will work hard to resolve all aspects of your case.
This page was last updated on November 23, 2016.
