Drug Possession Lawyer in El Paso

Drug offenses in Texas are not taken lightly. Texas has a reputation for having harsh penalties for drug offenses.

If you have been charged with a drug offense in Texas, Joseph Law, PLLC, can provide you with professional and effective representation. Contact our office today.

How Do Drug Possession Laws Work?

In Texas, any possession of illegal drugs is a violation of Texas law. The severity of the crime depends on the amount in possession and the type of drug. For example, possession of an ounce of marijuana has different consequences than possession of an ounce of methamphetamine or cocaine. Marijuana is not in a certain penalty group because it is in a group of its own.

How Do Manufacture and Delivery Laws Work?

Under the Texas Controlled Substances Act, Section 481.002, “delivery” means “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.” Additionally, Texas law defines “manufacturing” as the “production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marijuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or labelling of its container.”

Marijuana Cases

Marijuana is one of the most common drugs involved in drug cases in Texas. Although marijuana has been decriminalized in numerous states across the country, it is still illegal to possess or consume marijuana in Texas. Punishment for possession of marijuana, like all drugs, depends on the quantity and type of substance. Possessing hashish and resinous/extracted THC is a felony in Texas.

Range of Punishment for Marijuana Cases

Less than two ounces: Class B Misdemeanor – Punishable by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; or both fine and confinement.
Two – Four Ounces: Class A Misdemeanor – Punishable by a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; or both fine and confinement.
Four Ounces – Five Pounds: State Jail Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 2 years or less than 180 days.
Five – Fifty Pounds: 3rd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 10 years or less than 2 years.
Fifty to 2,000 pounds: 2nd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 20 years or less than 2 years.

More than 2,000 pounds: 1st Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for life or for any term of not more than 99 years or less than 5 years.

Cocaine, Methamphetamine and Heroin Cases

Cocaine, methamphetamine and heroin are in Penalty Group One under the Texas Controlled Substances Act. Cocaine charges are almost as common as marijuana charges but even small amount of cocaine comes with a felony range of punishment. Methamphetamine and heroin cases also have a felony range of punishment.

Range of Punishment for Cocaine, Methamphetamine and Heroin Cases

Less than one gram: State Jail Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 2 years or less than 180 days.
One to four grams: 3rd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 10 years or less than 2 years.
Four to 200 grams: 2nd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 20 years or less than 2 years.
200 to 400 grams: 1st Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for life or for any term of not more than 99 years or less than 5 years.

400 grams or greater: Enhanced 1st Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for life or for any term of not more than 99 years or less than 10 years.

Designer Drug Cases (Ecstasy, Bath Salts, Acid & other Hallucinogens)

Ecstasy, PCP, mescaline, hashish and extracted THC are all in Penalty Group Two, according to Texas Controlled Substances Act. Penalties for these drugs depend on the quantity possessed. The offender may face up to two years in jail for possession of less than a gram or maximum life in prison for large quantities plus a maximum fine of $10,000 if convicted. Any amount over 400 grams may enhance your fine to a maximum of $50,000. LSD is in a group of its own with punishment ranging from a state jail felony up to an enhanced first degree felony.

Prescription Drug Cases

Possession of prescription drugs such as hydrocodone, Valium, Xanax, Adderall, and Ritalin, are under Penalty Groups three and four. Typically, the possible range of punishment is a $4,000 fine and up to one year in jail for small quantities. If you are in possession of 200 or more grams, you may face a fine up to $10,000 and up to 20 years in prison.

What Will Be Examined in My Case?

When assessing your case, we will determine whether police followed proper procedures and did not violate your Fourth Amendment rights or any other rights. Additionally, there are an array of issues that may come up because no two cases are the same. However, violations of a person’s Fourth Amendment rights are usually the center of the case.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. – U.S. Constitution

The Fourth Amendment of the United States Constitution guarantees your right to be free from unreasonable search and seizure. If a court finds that an unreasonable or illegal search has occurred, any evidence obtained during the search cannot be used against the defendant in a criminal proceeding. This is known as the Exclusionary Rule. If the evidence was obtained through an unreasonable or illegal search, the State may dismiss the case.

Call Joseph Law, PLLC Today

If you find yourself dealing with a drug offense and you are seeking representation, Joseph Law, PLLC, is here to defend you. Call us today to learn more about our services.

*All Information provided is for drug cases in Texas. Federal drug cases have different ranges of punishment. Contact our office today for more information.