Texas takes drug crimes very seriously. Despite marijuana legalization in nearby states like New Mexico and Colorado, Texas imposes strict penalties for possessing and distributing any controlled substance, including marijuana.
If you are arrested in San Antonio, TX, for possession, use, or distribution of a drug or any other offense involving a controlled substance, you need a San Antonio drug crime lawyer on your side.
This article discusses drug-related legal offenses, potential defenses, the potential penalties, how a case can be dismissed, and how a charge can be expunged.
Contact us online today or call 210-500-3700, so we can put our extensive legal knowledge to work for you.
What Drugs and Substances Are Illegal in Texas?
Illegal drugs and substances in Texas include, but are not limited to, the following:
- Cannabis,
- Methamphetamine,
- Cocaine,
- Ecstasy,
- Xanax,
- Percocet,
- GHB,
- Heroin,
- Ketamine,
- LSD,
- MDMA,
- Mescaline,
- Opium,
- PCP, and
- Psilocybin.
As you can see, legal and over-the-counter prescription drugs can result in criminal charges as well. For example, you may have certain prescription drugs in your possession without a legal prescription.
There are several criminal drug-related charges in the state of Texas that you will typically see being brought.
What Are Common Drug Charges?
The type of accused criminal action that is alleged to have happened, and the drug amount are significant factors in determining how a drug crime is charged.
Crime Committed
Common drug crimes include:
- Possession of a controlled substance,
- Possession of drug paraphernalia,
- Delivery of a controlled substance,
- Manufacturing of a controlled substance, and
- Maintaining a drug laboratory.
Drug possession is the most common charge, but the amount of the drug in your possession can lead to other charges being brought.
Also, how the illegal substance is stored, in one large amount or several smaller packages, can have a significant impact on the way the case is charged.
Drug Amount
If you are in possession of large amounts of drugs, then you may be charged with manufacturing or distributing, which come with more serious penalties.
The crimes you are charged with are classified into two categories that have different associated subgroup penalties. The two criminal charge groups in Texas are misdemeanors or felonies.
Offense Levels: Misdemeanors and Felonies
Criminal offenses are classified as either misdemeanors or felonies. Misdemeanors carry less serious penalties, whereas felonies carry more severe penalties and the risk of prison. Below are the categories of criminal drug offenses in Texas:
- Class C misdemeanor. This is the least serious charge of the list below. Class C misdemeanors come with no jail time and up to a $500 fine. An example is possession of drug paraphernalia.
- Class B misdemeanor. This offense level comes with a fine up to $2,000 and up to 180 days in jail. An example includes marijuana possession of up to 2 ounces.
- Class A misdemeanor. This carries a sentence of up to one year in jail and a fine of up to $4,000. Examples include a second offense DWI and possession of between 2 and 4 ounces of marijuana.
- State jail felony. This is the least serious of the felony offenses and is punishable by 180 days to 2 years of state jail time and a fine of up to $10,000. Examples include DWI with a child in the car and certain drug possession offenses such as POCS PG 2 Less than One Gram.
- 3rd degree felony. This felony results in prison terms ranging from 2 to 10 years and a fine up to $10,000. An example is possessing between 28 and under 400 grams of a Schedule 3 controlled substance (e.g. certain narcotic and non-narcotic drugs, anti-anxiety drugs, tranquilizers, sedatives, stimulants).
- 2nd degree felony. This felony carries penalties of 2 to 20 years in prison and a fine of up to $10,000. An example is possessing between 2 to 400 grams of PCP.
- 1st degree felony. This felony carries a prison term of 5 years to 99 years, or life. An example is possession of 200 to 400 grams of Fentanyl.
Different penalties of drug-related crimes are broken down further into four primary drug penalty groups.
Drug Possession Penalty Groups
Texas drug laws are divided into four groups. The groups are separated by the severity of the punishment associated with each drug and the amount possessed. The groups are labeled Penalty Groups 1, 2, 3, and 4.
| Penalty Group | Drugs Included | Penalties |
| Group 1, Group 1-A, Group 1-B | Group 1: Cocaine, mescaline, ketamine, methamphetamine, opioids, heroin, psilocybin, and other hallucinogens. Group 1-A: LSD and derivativesGroup 1-B: Fentanyl and derivatives. | Two years in jail and a $10,000 fine. Possession of 400 grams or more may lead to a $250,000 fine and a life sentence in prison. |
| Group 2, Group 2-A | Group 2: hashish and other cannabinoids derived from cannabis or marijuana, PCP, Ecstasy, and Adderall. Group 2-A: synthetic marijuana, such as spice, K2, and other synthetic cannabinoids. | Punishment is dependent on the drug amount in possession. Punishment is generally up to two years in jail for possessing under one gram. Possession of 400 grams or more may lead to a $50,000 fine and a life sentence in prison. |
| Group 3 | Opiates and opioids not listed by Penalty Group 1, anabolic steroids, benzodiazepines, sedatives, Ritalin, and other prescription drugs. | Punishment is dependent on the drug amount in possession. Punishment is generally up to one year in jail and a fine of up to $4,000. Possession of 400 grams or more may lead to a $50,000 fine and a life sentence in prison. |
| Group 4 | Opiates, opioids not listed in Penalty Groups 1 or 3, and compounds and some prescription medications with a potential for abuse. | Comparable punishment ranges to those for Group 3 drugs. |
How do Drug Cases Get Dismissed? What are the Possible Defenses to Drug Charges in San Antonio?
In some scenarios, a valid legal defense can help convince the prosecutor to reduce your charges or dismiss your case. Common legal defenses to drug charges include:
- You had a valid prescription for the controlled substance in your possession;
- The substance you possessed was not illegal (E.g. CBD product and not marijuana);
- The substance was lost before testing or court proceedings;
- The initial drug search was unlawful based upon case law or statutory law;
- The arresting officer’s testimony was not credible or was based upon improper conclusions;
- Your rights were violated through entrapment, consent issues, or unlawful threats; and
- The controlled substance was planted on you without your knowledge. It should be noted that this defense only appears credible in unique situations, and claiming this defense should only happen with credible objective facts to support it.
An experienced attorney is best able to perform a thorough investigation and evaluate your case for all potential defenses and dismissal opportunities.
They will know the appropriate legal paperwork or motions to file to try to get your case dismissed or reduced. An attorney with the experience and time to properly fight your case is critical to achieving the best outcome for your case.
How to Get a Drug Charge Expunged from Your Record
A drug charge can be expunged from your record under certain circumstances, but the process is not easy.
Contacting an experienced attorney to assist with the process is your best option to ensure your request for expungement is not rejected. Below is some information on when a possession charge can be expunged and information on the process.
When a Drug Possession Charge Can be Expunged
Texas state law states Class A and B misdemeanors and felony charges can be expunged if the individual charged with the crime:
- Was acquitted,
- Was convicted and later found not guilty,
- Was pardoned,
- Had a case dismissed with a statute of limitations that is now expired, or
- Was arrested without being formally charged.
Individuals charged with Class C misdemeanors can now have their cases expunged once the individual completes deferred disposition and has not been convicted of a felony during the five-year period prior to the arrest.
How to Expunge Your Drug Charge
Qualifying for expungement does not necessarily mean your criminal record will be expunged. The expungement power rests solely in the discretion of the judge.
Therefore, it is important to have a good lawyer who can properly fill out the expungement petition forms and file the petition.
Once you file your petition, all the parties from the original case will be notified, and the court will hold another hearing. During the hearing, any party has the opportunity to express their opinion as to why the charge should not be expunged.
Essentially, you are on trial once again. Thus, it is important to have an experienced attorney who knows the criminal justice system and the facts of your case.
Contact a Drug Crimes Lawyer at Austin Hagee Law Firm Today to Discuss Your Charges
If you need a San Antonio or Texas drug crime lawyer, the committed attorneys at Austin Hagee Law Firm, PLLC are available to take cases 24 hours a day, seven days a week.
We will answer your questions promptly and assess your situation alongside you and your family. We know that navigating a criminal charge is one of the most stressful experiences a person can have.
Contact us online today or call 210-500-3700, so we can put our extensive legal knowledge to work for you.
A drug conviction can affect your ability to get a job, damage your reputation, and result in a criminal entry on your permanent record.
Thanks to experience as prosecutors and years of criminal defense work, the San Antonio drug charge attorneys at Austin Hagee Law Firm, PLLC know the ins and outs of the criminal justice system and what to expect from the state’s case.
We will prepare a defense strategy that emphasizes the weaknesses in the prosecution’s case, and negotiate with the prosecutor to reduce your charges or dismiss them entirely. Our team has helped thousands of clients navigate difficult drug charges in the San Antonio area and around Texas.
Contact us online or call 210-500-3700 to speak with the team at Austin Hagee Law Firm, PLLC today if you or a loved one are facing a drug charge in San Antonio or the surrounding area. We regularly fight charges throughout Texas.