Drug Defense Lawyer in Fort Worth & Tarrant County, Texas
Regardless of whether an individual is being charged in a state or federal court, a drug charge carries life-altering consequences. From jail time to large fines, individuals facing a drug charge need to have an experienced drug crime defense attorney on their side to protect their rights and advocate for them in court. The team at Gebhardt and Eppes, PLLC has over 30 years of experience, helping individuals navigate through the confusing and often intimidating court process to ensure that their voices are heard. Our team believes that our clients are innocent until proven guilty, and we create a strong defense to help reduce the charges or get them dismissed. Here is more information about drug crimes in the State of Texas and what our team can do to help.
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Drug Trafficking Laws in the State of Texas
Every state has its own unique set of drug laws that dictate what is considered illegal in terms of drug usage and trafficking. In the state of Texas, drug crimes can range from a misdemeanor to a felony level offense. The greater the amount of the drug that is involved in the case, the higher the offense.
Both illegal and legal prescription drugs, including over-the-counter, can be subjected to a drug offense depending on how the individual uses, manufactures, or sells the drug. Common drug-related offenses are the use, manufacturing, or selling of illegal substances, such as marijuana or cocaine. Other illegal activities, such as forgery of a legal prescription to either abuse or sell legal prescription drugs are also rising.
Which Prescription Drugs Can Be Considered a Drug Offense If Handled Improperly?
When it comes to prescription drugs, it is important to note that any drug that needs a prescription and is forged to obtain it, will be considered a drug offense. This is also true of selling prescription drugs to an individual or distributing it to someone who does not have a prescription for it. Most commonly though, these prescription drugs are often at the heart of a drug offense:
- Hydrocodone, including Vicodin, Lortab, or Lorcet
- Oxycodone, including Oxycontin, Percocet, Percodan, or Tylox
- Alprazolam, including Xanax, Xanor, Alprax, and Niravam
- Diazepam, including Valium
- Stimulants, including Ritalin, Adderall, and Concerta
What Drugs Are Illegal in the State of Texas?
Certain drugs are classified as illegal drugs due to their addictive nature of the drug. In some cases, these drugs may be used for medical purposes but there must be a written doctor’s note and prescription to go along with the drug. The following are considered illegal in the state of Texas:
- Bath Salts
- Cannabis
- Cocaine
- Ecstasy
- Gamma-hydroxybutyrate (GHB)
- Hashish
- Heroin
- Ketamine
- Krokodil
- Lysergic Acid Diethylamide (LSD)
- Marijuana
- Methylenedioxy-methamphetamine (MDMA), also known as Ecstasy
- Mescaline
- Opium
- Phencyclidine (PCP)
- Psilocybin (Mushrooms)
- Rohypnol
- Speed
- Methamphetamine (Meth)
- Synthetic Marijuana, also known as Spice or K2
What Are the Penalties for a Drug Crime in the State of Texas
As mentioned earlier, both state and federal laws count in drug crimes in the state of Texas. Drug crimes include any of the following actions concerning drugs:
- Possession
- Manufacturing
- Conspiracy
- Distribution
- Sale
Under Texas’s Controlled Substances Act, any individual commits a drug offense when they knowingly manufacture, deliver, or possess a drug with the intent to deliver the controlled substance. Depending on the category of the drug, that was being manufactured, moved, distributed, or sold, falls under will determine whether the charge will be considered a misdemeanor or a felony.
Group 1 drugs include the following:
- Opiates
- Ketobemidone
- Methamphetamine
- Heroin
- Cocaine
If any individual knowingly manufactures, delivers, or possesses these drugs with the intent to deliver more than 400 grams of it, then they may face a sentence of a minimum of 15 years to life in prison along with a fine of up to $250,000.
However, the penalties can also be lessened if a weaker known drug is being used, such as marijuana. In these cases, the individual may be subjected to a state jail felony for six months to two years.
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What Is the Federal Drug Law Enforcement in Texas?
Texas also adheres to federal laws when it comes to drug crimes that deal with manufacturing or distributing illegal drugs. Federal offenses are regulated by the Comprehensive Drug Abuse Prevention and Control Act of 1970 and The Controlled Substances Act. These acts also place drugs into different categories and have different penalties depending on the drug category and the charge. For example, if an individual is trafficking 5 kilograms of cocaine, which is a schedule 1 drug, this can result in a first-offense conviction of 10 years or more of jail time along with a monetary fine.
Types of Drug Crimes
Gebhardt and Eppes, PLLC have dedicated their lives to defending the rights of every citizen of the State of Texas when they are facing a drug crime charge. This includes, but is not limited to, the following crimes:
Manufacturing Drugs
Manufacturing a controlled substance refers to the creation of an illegal or illicit drug. This can either be done through the use of chemicals, lab equipment, growing, or processing to create an intoxicating substance. Regardless of where or how these drugs are produced, it is against the law to manufacture drugs in the State of Texas or the United States.
Possession of Cocaine
Cocaine is a drug that falls under Texas’s Controlled Substances Act Group 1 drug. The penalties for possessing, selling, or manufacturing cocaine are as follows:
- Less than one gram is a state felony and is punishable with up to 2 years in prison and a maximum fine of $10,000
- 1-4 grams is considered a third-degree felony and is punishable with 2-10 years of prison along with a fine of up to $10,000
- 4-200 grams is considered a second-degree felony and is punishable with 2-20 years in prison and a fine of up to $10,000
- 200-400 grams is a first-degree felony and is punishable with a sentence of 5-99 years or life in prison along with a fine of up to $10,000
- 400 grams or greater is considered an enhanced first-degree felony and is punishable by 10-99 years of prison or even a life sentence. This is followed by a maximum fine of $100,000
Possession of Heroin
As with cocaine, heroin falls under the category 1 drugs under Texas’s Substance Control Act. This means that being convicted of possession, manufacturing, or selling of heroin can carry the following penalties:
- Less than one gram is a state felony and is punishable with up to 2 years in prison and a maximum fine of $10,000
- 1-4 grams is considered a third-degree felony and is punishable with 2-10 years of prison along with a fine of up to $10,000
- 4-200 grams is considered a second-degree felony and is punishable with 2-20 years in prison and a fine of up to $10,000
- 200-400 grams is a first-degree felony and is punishable with a sentence of 5-99 years or life in prison along with a fine of up to $10,000
- 400 grams or greater is considered an enhanced first-degree felony and is punishable by 10-99 years of prison or even a life sentence. This is followed by a maximum fine of $100,000
Possession of Methamphetamine
The Texas Controlled Substances Act makes it a crime to possess, distribute, or manufacture methamphetamines (also known as meth). Punishments are based on the type and amount of the drug. Typically the following penalties will be given following a possession of meth conviction:
- Less than one gram is a state felony and is punishable with up to 2 years in prison and a maximum fine of $10,000
- 1-4 grams is considered a third-degree felony and is punishable with 2-10 years of prison along with a fine of up to $10,000
- 4-200 grams is considered a second-degree felony and is punishable with 2-20 years in prison and a fine of up to $10,000
- 200-400 grams is a first-degree felony and is punishable with a sentence of 5-99 years or life in prison along with a fine of up to $10,000
- 400 grams or greater is considered an enhanced first-degree felony and is punishable by 10-99 years of prison or even a life sentence. This is followed by a maximum fine of $100,000
Possession With Intent to Deliver
Possession with the intent to sell is a serious charge in the state of Texas. Depending on the type and how much of the drug an individual was caught with, the charge for possession with intent to deliver can carry consequences of up to 99 years in prison and fines up to $250,000. To be charged with possession with intent to sell, a prosecutor has to prove that the defendant had the intent to sell or distribute the drug instead of just using it for themselves. Do not try to handle a possession with intent to deliver charge by yourself. While it may seem like the prosecution has no way to prove intent, it doesn’t mean that they won’t find a way or try to twist your words against you. Protect yourself by hiring a defense attorney that will fight for your rights.
Prescription Fraud
Possession of controlled prescription drugs is not inherently wrong unless the following is true:
- The individual procured the drug through the forgery of a prescription.
- The individual is doctor-shopping to get more of the prescribed drug with plans on selling it.
- The individual does not have an actual prescription for the drug and bought it from another illegal seller.
Controlled prescription drugs, such as Hydrocodone and Valium, are highly addictive and are under the Penalty Groups 3 and 4. Punishments for conviction of this crime can range from one year in jail and a fine of $4,000 to a sentence of 20 years in prison with a fine of $10,000. If the quantity is more than 200 grams, then the individual may face a higher sentence.
Possession of Marijuana
Unlike most of the other controlled substances that fall under various categories, marijuana falls into its own category. Marijuana carries separate charges from the other drugs and depends on the quantity of the drug the individual had in their possession. According to Texas Statute 481.121, the following penalties will be handed out for possession of marijuana charges:
- Less than 2 ounces is considered a Class B misdemeanor and is punishable by 180 days in jail and up to $2,000 in fines.
- 2-4 ounces is considered a Class A misdemeanor and is punishable by one year in jail and up to $4,000 in fines.
- 4 ounces to 5lbs is considered a state jail felony and is punishable by a mandatory jail sentence of 180 days to 2 years in prison and a maximum fine of $10,000
- 5-50 lbs is a felony punishable by 2-10 years in prison and a fine of up to $10,000
- 50-2,000 lbs is a felony punishable by a mandatory sentence of 2-20 years. It also carries a fine of $10,000.
- Anything greater than 2,000 lbs will fall under enhanced felony and carry with it a prison sentence of 5-99 years and up to $50,000 in fines.
Is Texas a No-Tolerance State for Drugs?
Yes. Texas has zero tolerance and high punishments for individuals who have possession, use, or manufacture illegal drugs, such as marijuana. The punishments for these crimes are rigid and prosecutors often seek out the highest punishment possible to set an example for possible future offenders.
Don’t Let a Drug Crime Charge Ruin Your Life
The team at Gebhardt and Eppes, PLLC is dedicated to protecting the rights and voice of those charged with a drug crime in Fort Worth, Texas, and the surrounding areas. Our team fights hard to ensure that the prosecution and state or federal agents are not stealing your right to a fair trial. Don’t let them decide what happens to your life and instead, stand up for yourself by seeking out experienced legal counsel. Call Gebhardt and Eppes, PLLC today.
Additional Drug Crime Resources
- Cenikor — The Cenikor Foundation is a 501(c)(3) nonprofit organization that provides various service and treatment options for adolescents and adults, including detoxification, long- and short-term inpatient, and outpatient services. You can learn more about these services on the organization’s website. The website also has a section providing answers to frequently asked questions.
- Substance Abuse | Texas Department of State Health Services — Texas Department of State Health Services is a state agency that was created in 2003 after the Legislature merged the Texas Department of Health, Texas Department of Mental Health and Mental Retardation, Texas Health Care Information Council, and Texas Commission on Alcohol and Drug Abuse. On the substance abuse section of the website, you can learn how to get help, review recent announcements, and find a list of Outreach, Screening, Assessment and Referral Centers (OSARs) for substance abuse treatment services.