Drug Crimes Attorney
in Austin, Texas

Does the Type of Drug Affect the Punishment?

Absolutely. Texas state law, like most states, explicitly categorizes each kind of controlled substance and puts them into a “penalty group.” These four groups lie on the spectrum of most dangerous and likelihood of abuse to least dangerous with less likelihood of abuse:

• Penalty Group 1 (most serious consequences): this category of drugs includes cocaine, mescaline, ketamine, methamphetamine (also known as meth and crystal meth), opioids including painkillers like hydrocodone, oxycodone, and codeine, heroin, and more.
• Penalty Group 2: This group includes hashish and other cannabinoids taken from cannabis or marijuana. You can also find PCP and ecstasy in this category.
• Penalty Group 3: Opiates and opioids that are not listed above in addition to anabolic steroids, benzodiazepines, and sedatives like Valium and Ritalin. Prescription drugs that have a depressant or stimulant effect and the potential for addictive abuse are included in group 3 as well.
• Penalty Group 4 (consequences are less harsh): This last group includes opiates and opioids not listed in Penalty Groups 1 or 3, as well as chemical compounds and some prescription drugs.

How Much Time Could You Be Facing?

These crimes that you could be convicted of vary in severity. Consequently, your conviction can result in a range of different punishments. Here are some examples of Group 1 drug crimes and their respective punishments:

• Less than one gram is a state felony punishable by 180 days to two years in jail and up to $10,000 in fines
• 200-400 grams is a first-degree felony with five to 99 years in state prison and/or a fine of up to $10,000
• 400 grams or more is an enhanced first-degree felony punishable by ten to 99 years in prison and a fine of up to $100,000

If you have a drug crime involving a Group 2, 3, or 4 categorized drug, your punishments could be less harsh, but still have a large impact on your life. Even the smallest amount of drugs in your possession could result in a felony charge, so it’s essential to contact a criminal defense attorney as soon as possible so they can begin working on your case.