JUST BECAUSE YOU DIDN'T PLAN ON GETTING ARRESTED, doesn't mean you can't plan your defense
McKinney Drug Crimes Defense Attorney
Analytical and Assertive Trial Representation from an Experienced Former Prosecutor
Drug crimes can be one of the most damaging convictions on your record. They can also be some of the toughest to fight. Texas treats drug offenses very seriously, so it is critical that you enlist legal support immediately if you have been accused. Attorney Chris Fredericks brings over a decade of experience as a former prosecutor with the Collin County DA’s office, and he will thoroughly analyze the charges against you to develop a strong defense that withstands the prosecution.
Whether you have been accused of possession or distribution of a controlled substance, our firm can help. Schedule a free consultation online.
Four Penalty Groups for Controlled Substances
Texas categorizes controlled substances into four different penalty groups, with marijuana being in its own standalone group. Some examples of drugs in their respective penalty groups are:
- Penalty Group 1 – cocaine, heroin, ketamine, meth, crystal meth, certain opioids, LSD
- Penalty Group 2 – hashish, other cannabinoids derived from marijuana, PCP, MDMA
- Penalty Group 3 – anabolic steroids, sedatives (Valium, Ritalin), opiates and opioids not addressed by Penalty Group 1, addictive prescription drugs
- Penalty Group 4 – opiates and opioids not covered by Penalty Group 1 or 3, chemical compounds, certain prescription drugs with potential for abuse
Penalties for Possession
The penalties for possession of controlled substances will depend on the penalty group of the drug and the amount in possession. Penalty Group 1 drug possession carries the following penalties by weight:
- Less than 1 gram – state jail felony punishable by up to 2 years in state jail and up to $10,000 in fines
- 1-4 grams – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 4-200 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- 200-400 grams – first degree felony punishable by 5-99 years in prison and up to $10,000 in fines
- More than 400 grams – enhanced felony punishable by 10-99 years in prison and up to $100,000 in fines
Possession of drugs in Penalty Group 2 may result in the following penalties:
- Less than 1 gram – state jail felony punishable by up to 2 years in state jail and up to $10,000 in fines
- 1-4 grams – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 4-400 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- More than 400 grams – first degree felony punishable by 5-99 years in prison and up to $50,000 in fines
Penalty Group 3 drug possession may incur the following:
- Less than 28 grams – Class A misdemeanor punishable by up to 1 year in county jail and up to $4,000 in fines
- 28-200 grams – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 200-400 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- More than 400 grams – first degree felony punishable by 5-99 years in prison and up to $50,000 in fines
Penalty Group 3 drug possession may incur the following:
- Less than 28 grams – Class A misdemeanor punishable by up to 1 year in county jail and up to $4,000 in fines
- 28-200 grams – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 200-400 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- More than 400 grams – first degree felony punishable by 5-99 years in prison and up to $50,000 in fines
Lastly, Penalty Group 4 drug possession carries the following penalties:
- Less than 28 grams – Class B misdemeanor punishable by up to 6 months in county jail and up to $2,000 in fines
- 28-200 grams – third degree felony punishable by 2-10 years in prison and up to $10,000 in fines
- 200-400 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- More than 400 grams – first degree felony punishable by 5-99 years in prison and up to $50,000 in fines
Penalties for Distribution
As with possession, distribution (delivery) of drugs is penalized based on the penalty group and amount allegedly being distributed. Penalty Group 1 drug distribution is punishable based on the following weights:
- Less than 1 gram – state jail felony punishable by up to 2 years in state jail and up to $10,000 in fines
- 1-4 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- 4-200 grams – first degree felony punishable by 5-99 years in prison and up to $10,000 in fines
- 200-400 grams – enhanced felony punishable by 10-99 years in prison and up to $100,000 in fines
- More than 400 grams – enhanced felony punishable by 15-99 years in prison and up to $250,000 in fines
Delivery of Penalty Group 2 drugs is according to the following ranges:
- Less than 1 gram – state jail felony punishable by up to 2 years in state jail and up to $10,000 in fines
- 1-4 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- 4-400 grams – first degree felony punishable by 5-99 years in prison and up to $10,000 in fines
- More than 400 grams – enhanced felony punishable by 10-99 years in prison and up to $100,000 in fines
Delivery of Penalty Group 3 drugs carries the following penalties:
- Less than 28 grams – Class A misdemeanor punishable by up to 1 year in county jail and up to $4,000 in fines
- 28-200 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- 200-400 grams – first degree felony punishable by 5-99 years in prison and up to $10,000 in fines
- More than 400 grams – enhanced felony punishable by 10-99 years in prison and up to $100,000 in fines
Finally, Penalty Group 4 distribution is punishable by the following:
- Less than 28 grams – Class A misdemeanor punishable by up to 1 year in county jail and up to $4,000 in fines
- 28-200 grams – second degree felony punishable by 2-20 years in prison and up to $10,000 in fines
- 200-400 grams – first degree felony punishable by 5-99 years in prison and up to $10,000 in fines
- More than 400 grams – enhanced felony punishable by 10-99 years in prison and up to $100,000 in fines
Charged with a drug crime in Texas? From possession to distribution, the Law Office of Chris Fredericks can help you strategize an effective defense against your charges.
Schedule a free consultation online to get started.
