Fort Worth Drug Offenses
The drug laws have changed somewhat, although there are still very serious penalties for all levels. The punishment has eased up a little bit when we talk about the small amount of marijuana cases, even though it can still result in a permanent criminal record for some people.
With that said, the most common are possession of marijuana, misdemeanor and felony. It can be a felony depending on the amount of marijuana. If it is more than four ounces, then it is a felony level. The possession of controlled substances such as cocaine, heroin, amphetamine and methamphetamine, and also possession of dangerous drugs such as Xanax, other prescription drugs, and psychotropic drugs, even delivery, manufacture, and trafficking of controlled substances and marijuana are all considered drug offenses in our state that warrant the attention of a Fort Worth drug lawyer.
Misdemeanor Or A Felony In Texas
Two things will determine whether it is a misdemeanor or felony. The amount of the substance and the type of the substance, for instance, any amount of heroin, cocaine, methamphetamine, or amphetamine is going to be a felony. Possession of the smallest amount under one gram of any of those substances is a felony offense. Possession of marijuana or dangerous drugs starts out as a misdemeanor. If there is a large enough amount, then that can also become a felony.
For instance, if it is more than four ounces of marijuana, then it becomes a felony offense. If it involves manufacture, delivery, attempted delivery, or possession with intent to deliver of any of those substances, then it can start out as a felony.
What Is An Unlawful Controlled Substance In Texas?
Under Texas Law, there are several schedules of controlled substances. They have four penalty groups with penalty group one being the most serious of drugs and then as the penalty groups go, two, three, and four are categorized into the less serious drug offenses. There are schedules of dangerous drugs which can be legally possessed with a prescription, such as Xanax, Valium, and things like that. Penalty group one controlled substances include cocaine, heroin, and methamphetamine. Possession of any amount of those is a felony level.
Marijuana is classified separately, although, under Texas Law, it is still a controlled substance and so small amounts of marijuana can be a Class B misdemeanor. Under Texas Law, there is no ticket level or traffic ticket level with the possession of marijuana. Even the smallest amount of marijuana, any usable quantity of marijuana is at the very least a Class B misdemeanor, which can result in a permanent criminal record and jail time of up to six months. Under Texas Law, there is no legal marijuana possession; there is no medical marijuana exception under Texas Law.
Drug Distribution Charges
Texas law treats distribution the same as possession with intent to deliver, manufacture, or delivery of controlled substances. If you manufacture the controlled substances, that is going to often involve methamphetamine or amphetamine which people actually can produce in a lab, their home, or in a remote location. Even the delivery of a controlled substance or marijuana which means, giving marijuana or controlled substance to another person is included. Whether or not money exchanges hands, possession is with intent to deliver, if a person possesses marijuana or a controlled substance and they have the intent to deliver it to people or sell it to people.
Usually, that involves possessing more than an amount for personal use and possessing some type of items that make it clear that the person is intending to distribute or sell the substance such as packaging materials, scales for weighing the material, notes that show transactions. Anything like that can show that the person possesses it with intent to deliver or sell it to other people. That is just as serious as actually delivering it.
Drug trafficking includes delivery of a controlled substance. Basically, any sale or delivery of any amount of a controlled substance is a felony under Texas Law. What some people consider trafficking is, a person being involved in a large-scale distribution of a controlled substance that becomes a more serious felony. Under Texas Law, it becomes more serious with the greater amounts of controlled substances involved. When a person possesses with intent to deliver or delivers any amount of a penalty group one substance, then that becomes a more serious felony level. Some felonies can have minimum punishments of fifteen years in prison with no chance of probation.