It is illegal to possess, sell and manufacture methamphetamine in Texas under state and federal laws, and a conviction can carry heavy fines or sentencing.
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Today’s blog covers the methamphetamine possession laws in Texas as well as possible penalties for being caught with in possession of the drug.
Controlled Substance Possession
Street drugs such as cocaine, heroin, opium, and methamphetamine are considered controlled substances and are regulated by the Texas Controlled Substances Act. Each substance belongs to a penalty group depending on the drug and how severe its possession is viewed by the state. Punishments and penalties vary depending on the groups, which are as follows:
- Group 1: Oxycodone, cocaine, heroin, methamphetamine and opium.
- Group 2: PCP, ecstasy, and MDMA.
- Group 3: Xanax, Ritalin, Valium and anabolic steroids
- Group 4: Morphine and codeine.
Methamphetamine Possession Laws in Texas
Methamphetamine is illegal to both possess and manufacture in Texas. In fact, it is even illegal to possess the chemicals that are used to make the drug. These chemicals are called “precursors”, and any paraphernalia such as scales or balances are illegal to possess as well.
A person can be convicted of methamphetamine possession is a prosecutor is able to prove the substance was meth. There is not a huge burden on the prosecutor to prove possession, so defendants can be convicted if the prosecutor is able to convince the jury they knew the defendant possessed methamphetamine or paraphernalia.
Charges and Penalties for Possession
Charges and penalties for methamphetamine possession in Texas vary depending on whether the meth was manufactured, sold, or just in possession. Convictions may result in anything from fines to jail sentencing for a misdemeanor or felony. Generally, the more of the drug in possession at the time of arrest, the longer the sentence term or higher the fine.
- Less than 1 gram: This is a state jail felony that carries a penalty of 180 days to 2 years jail time.
- Between 1 and 3.99 grams: This is a 3rd degree felony that carries a sentence of 2 to 10 years in prison.
- Between 4 and 199 grams: This is a 2nd degree felony punishable by 2 to 20 years in prison.
- Between 200 and 399 grams: This is a 1st degree felony that carries a penalty of 5 to 99 years in prison.
- Over 400 grams: This carries a penalty of between 10 and 99 years in prison.
If a prosecutor is able to convince the jury that the methamphetamine was intended to be sold or manufactured, sentencing and fines are more serious.
Drug possession convictions, especially for methamphetamine, can be problematic for the future of the convicted. Lisa Shapiro Strauss Attorney at Law has over 15 years of experience in drug crime law, protecting her clients’ records as well as their privacy.