Drug Charges in Texas

By Jose Ceja
Managing Attorney

Texas is known for its tough and direct response to crime. With the attitude of no tolerance that politicians have directed towards all controlled substance offenses, the Texas prison population continues to increase. The sale of marijuana can actually carry the potential for a life sentence. That is why it is should be taken very seriously.

Drugs and Drug Charges in Texas

There are many different drugs that can lead to criminal charges in Texas. Some of these drugs include:

  • Crack cocaine
  • Ecstacy
  • Heroin
  • LSD
  • Methamphetamine
  • Oxycodone
  • Powder cocaine
  • Synthetic cannabinoids (such as Spice and K2)
  • All other illicit drugs

There are many different types of drug charges in Texas. These include:

  • Delivery of a controlled substance
  • Maintaining a meth lab
  • Manufacturing drugs (including methamphetamine)
  • Marijuana possession
  • Possession of a controlled substance
  • Possession of drug paraphernalia
  • Prescription fraud

Drug Penalties in Texas

Potential drug charges and penalties in Texas are dependent upon several factors, including type and amount of the drug. Charges can also be influenced by whether or not there are minors around when the offense is committed.

Penalties are divided into different penalty groups (1, 1-A, 2, 3, and 4), which depend upon the type of drug by the Texas Controlled Substances Act. The Controlled Substances Act determines which drug falls under which specific group, and which penalty applies.

Penalty Groups

Group 1 Drug Offenses: Opium, opium derivatives, cocaine.

Group 1-A Drug Offenses: LSD and derivatives, as well as other similar drugs.

Group 2 Drug Offenses: Hallucinogenic substances including methamphetamine, Tetrahydrocannabinols (THC), marijuana, mescaline, and other related controlled substances.

Group 3 Drug Offenses: Stimulants, depressants, compound mixtures including small amounts of narcotics, peyote, salvia, stimulants, and other hormonal drugs.

Group 4 Drug Offenses: Drugs with medicinal properties, which also contain small amounts of narcotics (e.g. codeine, opium, and ethylmorphine).

The larger the amount of drugs, the lower the felony level. In other words, a 2nd degree felony is more serious than a 3rd degree felony. The more serious the felony, the longer the rate of incarceration, and the higher the fine.

Ceja Law Firm PLLC Can Help

At Ceja Law Firm PLLC, we know how terrifying and stressful a drug arrest can be. We understand that a drug conviction can have a negative, often indefinite It is on your record) affect on your life aside from just incarceration and fines. From finding jobs, to obtaining certain licenses and everything in between, we know that it can make your current and future life more difficult. The criminal defense attorneys at Ceja Law Firm PLLC understand how to help defend you against these drug charges and are committed to working hard to obtain the best possible outcome for our clients. To learn more or for a free consultation, visit us online or call us at 713.568.5380 today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.