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Georgetown, TX 78626
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Drug Crimes

Have you been charged with a drug-related crime? If so, then you need to get in contact with a drug defense attorney and fast. The state of Texas is known for having some of the harshest drug control laws in the country. If convicted, you could be spending time behind bars and be required to pay expensive thousand dollar fines out of pocket.

Although drug use is normally a non-violent crime, the penalties surrounding drug charges are nothing to laugh about. Not only this, but if you’re convicted you will have a marked criminal record. This means your employers, landlords and peers can spot your arrest, charges and conviction with a simple straightforward background check. If you or someone you know has been arrested for a drug offense, then we suggest you get legal representation today.

Texas Drug Defense Lawyer in Georgetown

It’s an unfortunate reality that Texas has implemented strict drug laws that can lead to life altering penalties. If you’ve been charged with a narcotics offense in the Georgetown area, then it’s our advice you gain an experienced drug defense lawyer to fight for your rights. One great option is to contact Law Office of Price & Wiggins, P.C. for a free consultation.

Michael J. Price is an experienced criminal defense lawyer who will make every effort to help you achieve the best possible outcome for your alleged offense. He has the right skills, experience and passion to effectively and efficiently defend you. Don’t wait another moment to fight for your freedom. Call Law Office of Michael J. Price at (512) 354-1880 for a free consultation about your alleged drug or narcotics crime.

Law Office of Price & Wiggins, P.C. represents clients throughout the greater Georgetown metropolitan area, or any of the surrounding areas including Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights.

Overview of Drug Crimes in Texas


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Drug Penalty Groups in Texas

Not all drug crimes carry the same penalties in Texas. The severity of your punishment depends on several factors including what penalty group the drug is classified under. These penalty groups can be found under the Texas Health and Safety Code and categorize controlled substances based on their use in the medical field and risk for chemical dependency. The following are some drugs found in Texas Penalty Groups.

  • Penalty Group 1 – All drugs found in penalty group 1 have a very high risk of chemical dependency. Many have been found to have very serious long and short-term effects and are not used in the medical field.
    • Some examples include oxycodone, marijuana, ketamine, or oxycodone.

 

  • Penalty Group 1-A – Penalty group 1-A is reserved for the drug lysergic acid diethylamide (LSD), which is a hallucinogenic drug. It’s measured in units rather than grams since the drug is typically consumed normally as unit tabs.

 

  • Penalty Group 2 or 2-A -Many drugs found under penalty group 2 have a high risk for abuse and addiction. Most drugs under this category are synthetic drugs that mimic other controlled substances.
    • Some examples include synthetic THC (spice or diesel), mescaline, MDMA and phenylacetone.

 

  • Penalty Group 3 – Drugs found in penalty group 3 are frequently used in the medical field but can be dangerous in certain situations if abused.
    • Some examples include: Alprazolam, Barbital and Tramadol.

 

  • Penalty Group 4 – These drugs are the safest to consume and can be used medicinally if by a professional. Most of the drugs found in penalty group 4 are only illegal based on the quantity of drugs found in the defendant’s possession.
    • Some examples include: ethylmorphine, diphenoxylate, and codeine.

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Can a Prescription Drug be Considered a Controlled Substance?

Under Texas law, controlled substances can include certain prescription medications if the defendant had acquired them illegally. Some prescription substances such as Adderall or Vicodin can be used recreationally and result in a chemical dependency. The only way a person is lawfully allowed to possess a prescription drug is if a certified physician prescribed it to them.

Listed below are some examples of both the medicinal name and street slang for prescription drugs or medications used recreationally.

Prescription Pills / Medications

  • Ambien, also known as Zolpidem
  • Darvon, Darvocet
  • Methadone
  • Morphine, also known as Roxanol, Kapanol
  • OxyContin, Percocet, Percodan
  • Pure Codeine
  • Pure Hydrocodone
  • Ritalin, Concerta, Adderall
  • Valium, also known as Diazepam
  • Vicodin, Lortab or Lorcet
  • Xanax, also known as Alprazolam

Street Drugs

  • Amphetamines, also known as Uppers or Speed
  • Benzoylmethylecgonine, also known as Cocaine, Blow, Coke or Coca
  • Cathinone, also known as Bath Salts
  • Ecstasy or MDMA, also known as Methylenedioxymethamphetamine
  • GHB or the Date Rape Drug, also known as Gamma-hydroxybutyric acid
  • Heroin, also known as Smack or Black Tar
  • LSD or Acid, also known as Lysergic acid diethylamide
  • Magic Mushrooms or Shrooms, also known as Psilocybin or Psilocyn
  • Marijuana, also known as Tetrahydrocannabinols (THC), Cannabis, Marihuana, Pot, Bud, Weed or Chronic
  • Methamphetamines, also known as Meth or Speed
  • Opium, also known as Poppy, Poppy Seeds or Opiates
  • PCP or Angel Dust, also known as Phenylcyclidine

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Drug Related Crimes in Texas

Chapter 481 of the Texas Health and Safety Code lists and defines all drug charges and penalties throughout Texas. This chapter is also known as the Texas Controlled Substance Act. The following acts involving drugs or controlled substances are prohibited in Texas:

  • Possession of a Controlled Substance (POCS) or Possession of a Dangerous Drug (PODD) – Texas Health and Safety Code § 481.115 – 481.118 – An individual can be charged with this offense if they knowingly or intentionally possess a controlled substance without a valid prescription. The penalties for this offense can vary depending on the amount of the substance and the penalty group the offense is classified in.
  • Possession of Drug Paraphernalia– An individual can be charged with this offense if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for the purposes of planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, storing, containing or concealing a controlled substance to introduce the substance into the human body. A conviction for this offense can result in a Class A or C misdemeanor or a state jail felony.
  • Possession with Intent to Distribute– An individual can be charged with this offense if they knowingly possess with the intent to a deliver or distribute a substance, drug or narcotic classified in Penalty Groups I – IV. The penalties for this offense can vary, depending on the penalty group the offense is classified in and the amount of the drug.
  • Drug Manufacturing– An individual can be charged with this offense if they knowingly manufacture a controlled substance in Penalty Group I – IV. The penalties for this offense vary, depending on the amount of the substance and the penalty group the offense is classified in.
  • Drug Trafficking– An individual can be charged with this offense if they knowingly traffic a substance defined in Penalty Groups I – IV. Trafficking can include manufacturing, delivering or possessing with the intent to a deliver a narcotic or drug, and is usually in a large quantity. The penalties for this offense can vary, depending on the penalty group the drug is classified in and the amount of the substance being trafficked.

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Drug Crime Penalties in Texas

Possessing, manufacturing or selling a controlled substance is a crime associated with high risks. The statutory penalties for drug crimes in Texas are infamously harsh and normally include steep fines and time behind bars. Additionally, the majority of drug offenses are felony-level crimes so a conviction could mean prison. If you’ve been charged with a drug crime, then we suggest you review the penalties for possession.

Penalties for Possession of a Penalty Group 1 Drug

The maximum penalties for possession with intent to distribute a penalty group 1 drug can be found in the following chart.

Penalty GroupSentenceWeight (Grams)Prison TermMaximum Fine
Group 1State Jail FelonyUnder 1 gram180 days – 2 yearsUp to $10,000
Second-Degree Felony1 to 4 grams2 to 20 yearsUp to $10,000
First-Degree Felony4 to 200 grams5 to 99 yearsUp to $10,000
First-Degree Felony200 to 400 grams10 to 99 yearsUp to $100,000
First-Degree FelonyOver 400 grams15 to 99 yearsUp to $250,000

 

Penalties for Possession of LSD

The drug LSD or lysergic acid diethylamide can be found under penalty group 1-A. It’s found to have an intense hallucinogenic effect and is normally taken in unit tabs.

The maximum penalties for possession with intent to distribute LSD can be found under the following chart.

Penalty GroupSentenceUnitsPrison TermMaximum Fine
Group 1-AState Jail FelonyUnder 20 units180 days – 2 yearsUp to $10,000
Second-Degree Felony20 to 80 units2 to 20 yearsUp to $10,000
First-Degree Felony80 to 4,000 units5 to 99 yearsUp to $10,000
First-Degree FelonyOver 4,000 units15 to 99 yearsUp to $250,000

Penalties for Possession of a Penalty Group 2 or 2-A Drug

The legal consequences for possession with intent to deliver a penalty group 2 or 2-A drug are listed in the chart below.

Penalty GroupSentenceWeight (Grams)Prison TermMaximum Fine
Group 2 or 2-AState Jail FelonyUnder 1 grams180 days – 2 yearsUp to $10,000
Second-Degree Felony1 to 4 grams2 to 20 yearsUp to $10,000
First-Degree Felony4 to 400 grams5 to 99 yearsUp to $10,000
First-Degree FelonyOver 400 grams10 to 99 yearsUp to $100,000

 

Penalties for Possession of a Penalty Group 3 or 4 Drug

The chart below outlines the maximum penalties for those convicted of possession with intent to deliver a penalty group 3 or 4 drug.

Penalty GroupSentenceWeight (Grams)Prison TermMaximum Fine
Group 3 or 4State Jail FelonyUnder 28 grams180 Days – 2 YearsUp to $10,000
Second-Degree Felony28 to 200 grams2 to 20 yearsUp to $10,000
First-Degree Felony200 to 400 grams5 to 99 yearsUp to $10,000
First-Degree FelonyOver 400 grams10 to 99 yearsUp to $100,000

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Williamson County Drug Court in Texas

The penalties for drug crimes can seem incredibly overwhelming. Thankfully, Texas has devised a court program known as “drug court” which allows defendants to avoid incarceration if they submit to a rehabilitative program instead. The drug court program in Williamson County was created for individuals who are repeat misdemeanor drug offenders. The purpose of the program is to help these individuals recover from substance abuse and to stop the cycle of addiction that occurs in the streets of Texas.

Individuals who are eligible include residents of Williamson County who must be at least 17 years old, have no warrants in other jurisdictions, are physically and mentally capable of participating in the program and have been sentenced to at least a one year jail or prison term. If you don’t meet these requirements, you will be automatically barred from the court.

The program lasts at least 12 months and generally focuses on maintaining a sober lifestyle, completing court-ordered requirements, drug dependence treatment, and appearing at regular court hearings. The conditions are dependent on what the judge decides during your sentencing hearing.

Once you have successfully completed all terms and conditions of the program, the charges will be dismissed. They will not have any conviction on your record, and you can move on with your life. However, if an individual is unsuccessful and discharged from the drug court program, they could be court ordered back to jail or prison to complete their sentence.


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Additional Resources on Texas Drug Charges

Texas Controlled Substances Act – This link is to Chapter 481 of the Texas Health and Safety Code, which defines drug offenses throughout Texas, such as possession of a controlled substance, possession of drug paraphernalia and drug manufacturing. This chapter is also known as the Texas Controlled Substances Act.

Williamson County Drug Court – The DWI/Drug Court in Williamson County seeks to enhance public safety and reduce the number of repeat drug offenders in the county by providing an alternative type of sentence to typical jail or prison sentences. The Williamson County court is located at:

County Courts at Law
405 M.L.K. Street
Georgetown, Texas 78626
Phone: (512) 943-1410

Narcotics Anonymous – This non-profit organization was created for individuals who suffer from drug addiction to meet and support other individuals suffering from substance abuse issues in order to seek treatment and maintain a sober lifestyle. Individuals seeking an NA meeting in Georgetown, Texas can find a location on this website.

Drug Enforcement Administration – Federal Drug Penalties – The Drug Enforcement Administration’s (DEA) website provides the penalties for a federal drug crime conviction for various drug offenses, such as trafficking drugs, drug possession and possession with the intent to distribute. The DEA is a national government agency that investigates and enforces federal drug crimes.

United Nations Office on Drugs and Crime – Drug Use Research – The United Nations Office on Drugs and Crime (UNODC) mission is to help make the world safer from drugs, organized crime, corruption and terrorism. Visit the website to read research related to drug trafficking, drug use, and more.

NIC – Drugs & Substance Abuse in the Criminal Justice System – The National Institute of Corrections (NIC) is a federal agency that provides specialized services with the mission of contributing significantly to the achievement of state, local, and federal correctional goals. Visit the website to read more information on drugs and substance abuse in the criminal justice system. You’ll also be able to view additional research on drug courts, drug treatment, opioids, drug testing, and more.


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Round Rock Drug Crime Attorney in Texas

If you or someone you know has been charged with possession with intent to deliver, it’s vital that you contact a skilled attorney. It could be the difference between spending years behind bars or having reduced or dismissed charges. It’s time start being proactive about your defense and our suggestion is to contact Law Office of Price & Wiggins, P.C..

Michael J. Price is an experienced Texas criminal defense lawyer who will make every effort to find applicable defenses or mitigating factors to the allegations against you. He has provided numerous defenses to his clients charged with drug crimes with success. With his skills and passion for defense, attorney Price may be the right match for you.

Contact Law Office of Michael J. Price at (512) 354-1880 for your first consultation free of charge. He practices defense throughout Georgetown and surrounding areas including the greater Williamson County and Bell County in Texas.


This article was last updated on April 28, 2021.

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