What Happens if You Are Caught with a Penalty Group 1 Drug in Texas?
Texas strictly regulates certain substances, and the penalty for possessing an illegal substance will depend on what group it belongs to.
Currently, penalty group 1 Texas drugs are those the government deems are especially dangerous.
As a result, you could be facing significant time in prison if you are caught possessing, manufacturing, or delivering them.
If you’ve been charged with drug possession, you shouldn’t hesitate to contact an expert drug crimes attorney today.
Examples of Texas Penalty Group 1 Drugs:
Texas has grouped the following controlled substances together in Group 1:
- Heroin
- Cocaine
- Methamphetamine
- Oxycodone
- Morphine
- Ketamine
- Rohypnol
Most of the drugs in Group 1 are either opiates or opioid derivatives. They have been in the news a lot over the past couple years as responsible for an increased number of deaths due to the “opioid crisis.”
Texas penalty group 1 also includes any analogs of the listed drugs. Analogs are designer drugs that share chemical similarity to a listed drug and which produce similar side effects.
Penalties for Possession
If you are caught with a Texas penalty group 1 drug in your possession, you can end up facing time in jail. The precise penalties will depend on the amount of drugs the police caught you with:
- Under a gram: jail sentence of at least 180 days, up to 2 years
- At least 1 gram but less than 4 grams: prison sentence between 2 and 10 years
- At least 4 grams but less than 200 grams: prison sentence between 2 and 20 years
- At least 200 grams but less than 400 grams: prison sentence between 5 and 99 years, or a life sentence
- 400 or more grams: prison sentence between 10 and 99 years, or a life sentence
Penalties for Delivery, Possession with Intent to Deliver, or Manufacturing
Texas punishes those who delivery or manufacture controlled substances more harshly than those who merely have the drug in their possession. The amount of time in jail or prison will depend on the amount of the substance involved in the crime:
- Under a gram: jail sentence between 180 days and 2 years
- At least one gram but less than 4 grams: prison sentence between 2 and 20 years
- At least 4 grams but less than 200 grams: prison sentence between 5 and 99 years, or a life sentence
- At least 200 grams but less than 400 grams: prison sentence between 10 and 99 years, or a life sentence
- 400 or more grams: prison sentence between 15 and 99 years, or by life sentence
If the drugs that you delivered cause death or a serious bodily injury after being ingested, then defendants can end up facing increased time in prison. Texas might also increase penalties if a child was on the premises when you committed the crime.
You Need an Aggressive Criminal Defense
As you can see, your penalty group 1 Texas punishment will depend on several factors, including the amount of the controlled substances involved and whether anyone was injured. To make the best defense, you need someone who understands the state’s drug laws inside and out.
Please contact the Tidwell Law Firm for help. We have decades of experience on both sides of the courtroom, as a prosecutor and defense attorney. We can find weaknesses in the state’s case and obtain a favorable result.
You can schedule an initial consultation by calling 214-960-2380.