Texas Drug Crimes

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Under the Texas Controlled Substances Act, drug crimes include:

·  Possession of controlled substance

·  Manufacture or delivery of a controlled substance

·  Possession of marijuana

·  Delivery of marijuana

·  Possession or delivery of drug paraphernalia

·  Possession or obtaining a controlled substance by fraud

·  Possession of dangerous drug

For the purpose of establishing criminal penalties for violation of Texas Controlled Substances Act, controlled substances are divided into Penalty Groups 1 through 4:

·  Penalty Group I – Powerful and highly addictive controlled substances such as Opiates, Opium, Cocaine, Methamphetamine, GHB and LSD.

·  Penalty Group 2 – Controlled substances with a high potential for abuse such as PCP, MDMA, MDM (Ecstasy or Molly), THC (Tetrahydrocannabinols other than marijuana) Psilocin or Psilocybin (Mushrooms) mescaline and amphetamines.

·  Penalty Group 3 — Prescription drugs such as Xanax, Valium, Ritalin, and methadone steroids.

·  Penalty Group 4 – Compounds, mixtures or preparations containing limited quantities of narcotics and one or more nonnarcotic active medicinal ingredients.

Unlike a number of other states, Texas has not legalized marijuana for medical or recreational purposes. Possession of a user quantity of marijuana (4 ounces or less) is considered a misdemeanor. Possession of more than four ounces, considered a dealer quantity, is prosecuted as a Felony.

Delivery of a quarter ounce or less of marijuana is also a misdemeanor. However, Delivery of more than a quarter ounce is considered a felony. This means that the possession, sale or cultivation of marijuana is illegal, and penalties depend on the amount. Moreover, penalties are elevated for delivery to a minor and delivery or possession in a drug free zone.

Under Texas law, an individual can be charged with prescription drug fraud if he or she knowingly:

·  Issues a prescription with a forged or fictitious signature

·  Alters a prescription by changing the quantity of the prescribed drug

·  Uses a forged, fictitious or altered prescription

·  Uses a prescription issued to another person

·  Makes a fraudulent oral or electronic communication to obtain or increase a prescription

·  Delivers a prescription or a prescription form for an invalid medical purpose (applies to medical professionals)

·  Uses a fictitious, revoked, or suspended registration number during the prescribing, distributing or manufacturing of a controlled substance

Penalties range from Class A misdemeanors to a second degree felony depending on a number of factors including the classification and the amount of substances involved in the fraud.

I have successfully defended individuals against all types of drug crimes, including possession of marijuana, delivery of marihuana, possession of controlled substance, manufacture or delivery of controlled substances, possession dangerous drugs, possession of drug paraphernalia and prescription fraud. My decades of experience enables me to create successful defense strategies on a case by case basis.  

Please call me at 512.547.0531 today for a complimentary case evaluation.