Odessa Drug Crime Lawyers

Texas Controlled Substances Act

The Texas Controlled Substances Act is the primary legislation governing the regulation of unlawful drugs within the state. This act categorizes all controlled substances into five schedules, mirroring the federal Controlled Substances Act, based on their potential for abuse, medical use, and safety. 

Schedule I and II substances are deemed to have the highest potential for abuse and have no accepted medical use. Drugs in this category include heroin, LSD, Ecstasy, and psilocybin, while Schedule II includes cocaine, methamphetamine, fentanyl, and oxycodone. Drugs in Schedule iii – V are considered less addictive and dangerous in descending order.

Under this act, the possession, manufacture, distribution, or dispensing of controlled substances without proper authorization is strictly prohibited and punishable by law. The penalties for violating the Texas Controlled Substances Act vary depending on the substance involved, the quantity, and the nature of the offense. 

Possession of even small amounts of a controlled substance can result in misdemeanor charges. In contrast, larger quantities or actions like trafficking and manufacturing lead to felony charges, carrying more severe punishments.

Texas Drug Crimes

Drug crimes in Texas can include: 

• Possession of controlled substances:  Being found in possession of illegal drugs or controlled substances without a valid prescription is a serious offense. The severity of the charge depends on the type and quantity of the substance.
• Drug trafficking and distribution: Involving the sale, transport, and distribution of illegal drugs, trafficking is a grave offense with harsher penalties. It can also include the manufacturing or cultivation of drugs.
• Possession with intent to distribute: When caught with large quantities of drugs or paraphernalia indicating plans to sell or distribute, you may face charges of possession with intent to distribute, a more serious charge than simple possession.
• Drug manufacturing:  The production of illegal drugs, including the synthesis and preparation of substances such as methamphetamine or synthetic opioids, is a severe crime with substantial penalties. This also involves the operation of secret labs and the procurement of precursors and chemicals used in drug production.
• Drug paraphernalia: Possession, sale, or delivery of items used to consume, produce, or distribute drugs can also result in criminal charges. Typical paraphernalia includes pipes, bongs, and syringes.

Drug Crime Penalties in Texas

The penalties for drug crimes in Texas can be severe. The type, quantity, and circumstances of the offense will dictate the consequences:

• Fines: These range from minor to substantial amounts for significant crimes like trafficking.
• Imprisonment: You may face months for misdemeanors and years for felonies, with some charges carrying mandatory minimum sentences.
• License suspension. This can range from 180 days to a year, depending on the nature of the offense and prior convictions. 
• Probation: Depending on the charges, you may face years of probation, during which you must comply with court-ordered restrictions and directives.
• Criminal record: Having a drug crime on your record can have lasting negative impacts, hindering employment opportunities and affecting other aspects of your personal and professional life.