Can Possession of “Hard Drugs” Lead to More Serious Criminal Charges?

 Posted on January 25, 2021 in Drug Charges

The so-called “war on drugs” has led law enforcement officials to crack down on anyone who is suspected of possessing, using, selling, manufacturing, or distributing controlled substances. However, drug charges can range in severity depending on the types of drugs involved in a case, as well as the amount of the drugs and whether allegations involve simple possession or the intent to deliver or distribute drugs to others. The most serious types of drug charges involve what are commonly known as “hard drugs,” which are substances that are considered to be highly addictive and dangerous without accepted medical benefits.

Drug Charges for Substances in Penalty Group 1

The Texas Penal Code groups controlled substances into several different categories, and drug charges will depend on which penalty group includes a specific drug. Most hard drugs are included in Penalty Group 1, and the possession, manufacture, or delivery of these substances will result in the most serious charges. Drugs in Penalty Group 1 include heroin, cocaine, methamphetamines, raw opium, and other opioids or opiates that are not included in other penalty groups. The Texas Penal Code also identifies Penalty Group 1-A, which includes LSD and other similar hallucinogens.

Possession of drugs in Penalty Group 1 or Penalty Group 1-A is charged as a state jail felony at minimum, and a conviction can lead to a sentence of six months to two years in state prison. Possession of at least 1 gram of drugs in Penalty Group 1 or at least 20 units of drugs in Penalty Group 1-A is a third-degree felony, and a conviction can lead to a sentence of 2-10 years in prison. More serious felonies will be charged for higher amounts, with the most serious penalty being life in prison.

If a person is accused of being in possession of large amounts of a controlled substance, this may be viewed by law enforcement officials and prosecutors as an intent to distribute or sell drugs to others. Delivering or manufacturing drugs in Penalty Group 1 or Penalty Group 1-A will usually be charged as a more serious felony. If a case involves 1-4 grams of a drug in Penalty Group 1 or 20 to 80 units of a drug in Penalty Group 1-A, a person may be charged with a second-degree felony, and a conviction can lead to a prison sentence of 2-20 years. Manufacture or delivery of more than 4 grams or more than 80 units is a first-degree felony, which carries a prison sentence of 5-99 years.

Contact Our McKinney Drug Charges Defense Attorneys

Since the potential consequences for possession of hard drugs are so serious, it is crucial for anyone facing these types of charges to secure representation from an experienced attorney. The Law Offices of Biederman & Burleson P.L.L.C. can provide the legal help you need in these cases, and we will work with you to determine the best defense strategy, including helping you understand whether you may be eligible for reduced charges by participating in a drug treatment program. To secure a positive outcome, contact our Collin County criminal defense lawyers at 469-333-3333 to schedule your free consultation today.

Sources:

https://statutes.capitol.texas.gov/docs/HS/htm/HS.481.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm