The Most Common Drug Charges in Texas

 Posted on November 07, 2023 in Criminal Law

Drug crimes are taken very seriously in Texas. Texas imposes various penalties for those charged with drug crimes, so a better understanding of what you may be facing can go a long way. A Texas criminal defense attorney with experience in drug crime cases can provide a strong defense for the charges being levied against you.

Federal Drug Rating Guidelines

The Federal Drug Enforcement Administration (DEA) has outlined a few drug-related rating guidelines to classify drugs by placing them in categories. The categories range from high-risk to low-risk for abuse and dependency and are referred to as Schedules. Schedules I and II are both considered high-risk and are likely to carry felony charges with steep penalties. Schedules III, IV, and V will typically carry lighter charges depending on volume and intent.

Types of drugs per Schedule include:

• Schedule I: Non-medical approved drugs such as heroin and other opiates or hallucinogens
• Schedule II: Possible medically-approved but high-risk substances like oxycodone
• Schedule III: Possess a less likelihood of dependency and abuse as I and II but still more than IV, such as steroids or ketamine
• Schedule IV: Low potential risk factor drugs such as Valium or Ativan
• Schedule V: Lowest potential risk factor drugs such as over-the-counter cough syrups with codeine

How Common Are Drug Charges in Texas?

Drug possession and the charges that follow are extremely common in the state of Texas. The penalties for drug possession will depend on which penalty group the drug falls under and the volume of the drug found on the defendant or in the defendant’s possession. Texas has seven penalty groups, which are categorized according to how addictive they are. The penalty groups are in order:

• PG1: Opiates, meth, ketamine
• PG1-A: LSD
• PG1-B: Fentanyl
• PG-2: Hallucinogens, bath salts, Adderall
• PG2-A: Synthetic marijuana like Spice and K2
• PG3: Ritalin, Xanax, Lorazepam, and other stimulants or depressants
• PG4: Narcotics with medical value, like codeine or morphine

The Most Common Drug Charges

Possession, distribution, and intent to manufacture are the most common drug charges in Texas. The most common drugs involved tend to be dangerous non-narcotics, opiates or cocaine, methamphetamine, and barbiturates.

Possession relates to simply possessing a controlled substance, even if that drug does not necessarily belong to you. If it is found on your person or in a place you own or control, the prosecution can slap you with a possession charge.

Distribution deals with the intent to sell or transport a controlled substance to someone else. The substance never has to officially exchange hands to receive such a charge. Knowingly leaving the substance in a place for another party to pick up can draw a charge of constructive delivery.

Manufacturing is the creation of a controlled substance. Often, the charge will be possession with intent to manufacture or distribute, which is to say you are holding a lot of volume. The production, processing, preparation, or conversion of a controlled substance can land you a drug manufacturing charge. Growing marijuana does not fall under manufacturing but instead carries a possession charge. Unless the drug in question is synthetic marijuana, then a manufacturing charge is still possible.

Contact a Tarrant County, TX Criminal Defense Attorney

Facing drug charges can be an overwhelming process. It pays to have a skilled Dallas, TX, drug crimes defense lawyer on your side. To understand everything you are facing and what can be done about it, contact the Law Office of Michelle Poblenz at 469-845-3031. Set up an appointment right away to find out what this firm can do for you.