Drug Crimes
Edinburg Drug Crime Lawyer
Directly Accessible, One-On-One Legal Representation in McAllen and Hidalgo County
If you have been charged with a drug crime, whether for personal possession or distribution, the consequences upon conviction are serious. You could face years in prison and thousands or more in fines.
Texas Drug Crime Laws
Texas is one of the stricter states when it comes to drug crimes. For instance, while many other states have slowly recognized marijuana use, recreational use is still illegal in Texas.
Muñoz Law Group has been practicing law for more than a decade. Attorney Jorge Muñoz aims to provide personal, one-on-one legal support to help you understand and navigate your unique situation.
He will work together with you to assess your case and explore your defense options, allowing you to make the final decision for yourself based on the legal insight he will provide.
Whether you have been charged with possession of a controlled substance or for marijuana use, contact Muñoz Law Group online or at (956) 304-5566 for a free consultation to discuss your defense. Se habla español.
Drug Penalty Groups
Texas penalizes drug crimes based on the type (schedule) of drug and the penalty group they belong to.
Some examples of controlled substances (CDS) in their respective penalty groups are:
- Penalty Group 1: opioids, opium derivatives and/or opiates, cocaine, methamphetamine, ketamine, LSD, psilocybin
- Penalty Group 2: ecstasy (MDMA), PCP, psychedelic mushrooms, amphetamines
- Penalty Group 3: opioids and opiates not listed in PG1, Valium, anabolic steroids, Ritalin, other prescription drugs that have stimulant or depressant effects
- Penalty Group 4: opioids and opiates not listed in PG1 and some prescription medication with certain quantities of chemical compounds with a potential for abuse
- Marijuana: cannabis and synthetic marijuana or synthetic cannabinoids
Penalty Group 1 Laws
In general, the possession of PG1 drugs carries penalties of 180 days to 2 years in jail and a $10,000 fine. However, possession of 400 grams or more could go up to life imprisonment and $300,000 in fines.
Penalty Group 2 Laws
Similarly, possessing a small amount of a PG2 drug (less than a gram) could result in 180 days to 2 years in jail, but possession of 400 or more grams could result in life in prison and $50,000 in fines.
Penalty Groups 3 and 4 Laws
PG3 and PG4 carry similar penalties of 180 days to 2 years in jail and a $10,000 fine for possession of small amounts, and they call for life in jail and a $50,000 fine for possession of 400 grams or more.
An experienced lawyer can better help you evaluate what potential penalties you may face for the amount and type of drug allegedly in possession, as well as how to defend against these accusations.
Sale or Distribution of Controlled Substances
The consequences for sale or distribution (including possession with intent to distribute) are significantly severer than those for simple possession. Texas laws charge drug trafficking and distribution as felonies that can be punished as state jail felonies or more harshly as first degree felonies.
To determine which sentence will be imposed, the court will consider:
- the amount of the drug allegedly being distributed or delivered (the smaller the amount, the lighter the sentence); and
- the type of drug and its classification.
Felony Penalties in Texas
State jail felonies are typically punishable by 180 days to 2 years in state jail and a fine of up to $10,000. First degree felonies, on the other hand, may result in life in the Texas Department of Criminal Justice or a prison term of 15-99 years, as well as a fine of up to $250,000. The specific sentence will depend on the circumstances of your conviction.
Marijuana Use in Texas
Recreational marijuana use is strictly prohibited in Texas, and the drug is governed by its own unique penalty group.
In particular, possession of the following amounts of marijuana for recreational use could result in a period of jail time and fines:
- Less than or equal to 2 ounces – Class B misdemeanor punishable by up to 180 days in jail and/or $2,000 in fines
- 2-4 ounces – Class A misdemeanor punishable by up to 1 year in jail and/or a fine of up to $4,000
- 4 ounces to 5 pounds – state jail felony punishable by 180 days to 2 years in prison and up to $10,000 in fines
- 5-50 pounds – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 50-2,000 pounds – second degree felony punishable by 2-20 years in prison and/or up to $10,000 in fines
- More than 2,000 pounds – 5-99 years in prison and/or up to $50,000 in fines
Similarly, selling or possessing marijuana with the intent to sell is also a serious crime with the following sentencing range:
- Giving away 0.25 ounces or less – Class B misdemeanor (same penalty range as above)
- Selling 0.25 ounces or less – Class A misdemeanor
- Selling 0.25 ounces to 5 pounds – state jail felony
- Selling 5-50 pounds – second degree felony
- Selling 50-2,000 pounds – first degree felony
- Selling more than 2,000 pounds – 10-99 years in prison and/or a fine of up to $100,000
Drug crime accusations are complex legal matters that require an experienced and attentive defense lawyer. If you have been charged with drug possession or distribution, do not hesitate to contact Muñoz Law Group to discuss your defense options.
We might be able to prove your lack of knowledge, insufficient quantity, or the lawfully prescribed nature of the substance as an effective defense against your charges.
Schedule a free initial consultation with Muñoz Law Group today to get started on your defense. Spanish-speaking services available. (956) 304-5566.
to request a free consultation.
Attorney Muñoz views his role in the attorney-client relationship as a helper, available to guide clients through any potential issue to leave them in the best position possible to protect their rights and best interests.
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