Drug Delivery Penalties

Houston criminal attorney Jack B. Carroll Shares Information About Criminal Cases Commonly Referred to As…

  • Manufacture of Controlled Substance
  • Delivery of Controlled Substance
  • Manufacture & Delivery of Controlled Substance

Houston Criminal Attorney Jack B. Carroll on Drug Cases & Texas Penalties

Legal Definition of Delivery

The Texas Controlled Substances Act defines “delivery” as giving a drug, or chemical composition legally classified as a controlled substance, to another person.

The following list should help to clear up confusion about this definition;

  • Handing the controlled substance to another person.
  • Using “indirect” means to deliver illegal drugs to another person.
  • Another example can be giving a person access to a location in which illegal narcotics are located. (eg., Keys to a safe, vehicle, door, box, locker, building, residence, hotel room, or any other act of providing access to drugs deemed illegal.)
  • Selling Cocaine, or other illegal drugs, falls under the State of Texas’ definition of the delivery with the exception of misdemeanor marijuana charges and related amounts such as personal use amounts under 2 ounces.
  • Financial gain, or the exchange of money or a payment of cash for drugs, isn’t considered in the definition of criminal drug manufacture or delivery cases. In other words, money doesn’t have to be involved in the alleged drug transaction.
  • Law enforcement agencies will use undercover police, and informants to engage in a drug deal with you only to later become a witness for the state in the court of law.
  • Any form of drug dealing falls under the definition of Manufacture or Delivery of Drugs in the State of Texas.
  • Controlled substances are categorized into five penalty groups by the Texas Health and Safety Code.

Marijuana is in a criminal penalty group of its own. See Below For information on Marijuana Cases and Criminal Penalties.


 

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Call Houston Criminal Attorney Jack B. Carroll at 713-228-4607

Jack takes cases set for Federal Court, The Greater Houston, TX area.

Brazoria County · Chambers County · Ft. Bend County · Galveston County

Harris County · Liberty County · Montgomery County · San Jacinto County · Waller County


Penalty Group Examples of Drugs & Controlled Substances

1

Cocaine, Heroin, Methamphetamine, GHB, Ketamine, Oxycodone and Hydrocodone.

1A

LSD

2

Ecstasy, PCP and Mescaline.

3

Valium, Xanax and Ritalin.

4

Compounds which contain Dionine, Motofen, Buprenorphine or Pryovalerone

Criminal Penalties For Drug Dealing Cases in Houston

  • Sentences of up to life in prison and fines to the tune of hundreds of thousands of dollars may apply to some drug cases if the amount of drugs attributed to the person accused of “delivery” are high enough in quantity.
  • Punishments and criminal penalties in the State of Texas differ based on the amount or quantity of the illegal drug in your possession at the time of arrest.
  • Penalties for manufacture and delivery fall into 5 groups;

Criminal Penalties Drug Crimes in Texas

Drug Penalty Group 1

Weight Classification Penalty

Less than 1 gram

State Jail Felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams

2nd Degree Felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 200 grams

1st Degree Felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than 400 grams

Enhanced 1st Degree Felony

10 to 99 years in a state prison and/or a fine of not more than $100,000

400 grams or more

Enhanced 1st Degree Felony

15 to 99 years and a fine of not more than $250,000

Drug Penalty Group 1A

Drug Amount Classification Penalty

Fewer than 20 units

State Jail Felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

20 or more units, but less than 80 units

2nd Degree Felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

80 units or more, but less than 4,000 units

1st Degree Felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

4,000 units or more

Enhanced 1st Degree Felony

15 to 99 years in a state prison and a fine of not more than $250,000

Drug Penalty Group 2

Weight Classification Penalty

Less than one gram

State Jail Felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams

2nd Degree Felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 400 grams

1st Degree Felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

400 grams or more

Enhanced 1st Degree Felony

10 to 99 years in a state prison and/or a fine of not more than $100,000

Drug Penalty Groups 3 and 4

Weight Classification Penalty

Less than 28 grams

Class A misdemeanor

Not more than 1 year in a county jail and/or a fine of not more than $4,000

28 grams or more, but less than 200 grams

2nd Degree Felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than  400 grams

1st Degree Felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

400 grams or more

Enhanced 1st Degree Felony

10 to 99 years and a fine of not more than $100,000

Marijuana

Marijuana is legally defined in health code as any Cannabis sativa plant, in any form.

Weight Classification Penalty
¼ ounce or less, given, not for payment

Class B misdemeanor

Not more than 180 days in a county jail and/or a fine of not more than $2,000

¼ ounce or less, for payment

Class A misdemeanor

Not more than 1 year in a county jail and/or a fine of not more than $4,000

More than ¼ ounces, but less than 5 pounds

State Jail Felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

More than 5 pounds, but less than 50 pounds

2nd Degree Felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

More than 50 pounds, but less than 2,000

1st Degree Felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

More than 2,000 pounds

Enhanced 1st Degree Felony

10 to 99 years and a fine of not more than $100,000

Other pertinent information regarding criminal drug cases in the Houston area

  • Use of, or investing any financial gains derived from illegal criminal drug dealing is also a felony charge.
  • Being arrested for dealing drugs near any Houston area school, youth center, public parks and swimming pools, and places where children gather will garner a higher degree felony criminal charge.
  • Law enforcement agencies are also permitted to seize property or tools used to facilitate drug dealing, or any criminal felony drug offense.
  • You don’t need to be convicted in criminal court for asset seizure to ensue. Its a civil court matter.

For More Information Call Houston Criminal Attorney Jack B. Carroll at 713-228-4607 To Schedule a Free Consultation To Review Legal Strategies For Your Defense.

Houston criminal defense attorney Jack B. Carroll is a proven board certified veteran criminal defense lawyer. As a practicing defense attorney, he has beat the federal government on major cocaine distribution cases, freed people whose rights have been violated by law enforcement, and has had illegally obtained evidence thrown out of court on more than a few occasions.

Call Houston criminal attorney Jack B. Carroll at 713-228-4607 if you’ve been accused of a felony or misdemeanor drug offense.


Houston Criminal Attorney for Drug Delivery Charges