People who are facing criminal charges often have a number of questions relating to their arrests and criminal charges, so this Drug Crimes FAQ page intends to answer many of the most commonly asked questions. When you have other, more specific questions relating to your case, you are encouraged to speak with a drug crimes attorney who can provide the answers you seek.
Drug crimes make up one of the most common causes of arrests in Texas, so you should know you are not alone if you are facing these types of charges. The good news is that many people have a variety of defenses that may allow for criminal charges to be reduced or dismissed.
Drug Crimes Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you arrested for a drug crime? You are going to need to have a criminal defense attorney representing you in court. Call (469) 304-3422 or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.
What constitutes drug possession in Texas?
Possession is defined under Texas Penal Code § 1.07(39) as being “actual care, custody, control, or management.” Possession is usually classified as being either actual or constructive.
What is the difference between actual possession and constructive possession?
Actual possession relates to drugs being found on the person of an alleged offender, such as drugs being in their hands, pockets, or a purse or backpack. Constructive possession involves drugs being found in a place in which multiple people had access, meaning a person can be charged with a drug crime based on constructive possession if authorities believe an alleged offender was the person who was the owner of the drugs discovered in such a location.
What are Drug Penalty Groups?
Drug Penalty Groups are established in the Texas Controlled Substances Act under Chapter 481 of the Texas Health and Safety Code. The Drug Penalty Groups include Penalty Group 1 under Texas Health and Safety Code § 481.102, which includes Allylprodine, Alfentanil, Benzethidine, Alphacetylmethadol, Clonitazene, Betaprodine, Diethylthiambutene, Diampromide, Dimenoxadol, Difenoxin not listed in Penalty Group 3 or 4, Dioxaphetyl butyrate, Dimethylthiambutene, Ethylmethylthiambutene, Dipipanone, Etoxeridine, Etonitazene, Hydroxypethidine, Furethidine, Levophenacylmorphan, Ketobemidone, Methadol, Meprodine, Morpheridine, Moramide, Norlevorphanol, Noracymethadol, Norpipanone, Normethadone, Phenampromide, Phenadoxone, Phenoperidine, Phenomorphan, Proheptazine, Piritramide, Propiram, Properidine, Tilidine, Sufentanil, Acetorphine, Trimeperidine, Benzylmorphine, Acetyldihydrocodeine, Codeine-N-Oxide, Codeine methylbromide, Desomorphine, Cyprenorphine, Drotebanol, Dihydromorphine, Heroin, Etorphine except hydrochloride salt, Methyldesorphine, Hydromorphinol, Monoacetylmorphine, Methyldihydromorphine, Morphine methylsulfonate, Morphine methylbromide, Myrophine, Morphine-N-Oxide, Nicomorphine, Nicocodeine, Pholcodine, Normorphine, Opium and opiates not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including Codeine not listed in Penalty Group 3 or 4, Thebacon, Ethylmorphine not listed in Penalty Group 3 or 4, Dihydroetorphine, Hydrocodone not listed in Penalty Group 3, Granulated opium, Metopon, Hydromorphone, Opium extracts, Morphine not listed in Penalty Group 3, Oripavine, Opium fluid extracts, Oxymorphone, Oxycodone, Raw opium, Powdered opium, Tincture of opium, Thebaine, a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Texas Health and Safety Code § 481.102(A), other than the isoquinoline alkaloids of opium, Cocaine, Opium poppy and poppy straw, concentrate of poppy straw, meaning crude extract of poppy straw in liquid, solid, or powder form containing the phenanthrine alkaloids of the opium poppy, Alpha-methylthiofentanyl (N-[1-methyl-2-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide), Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenethyl)-4-piperidinyl]-N-phenylacetamide), Anileridine, Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl] -N-phenylpropanamide), Alphaprodine, Bezitramide, Beta-hydroxy-3-methylfentanyl, Dihydrocodeine not listed in Penalty Group 3 or 4, Carfentanil, Isomethadone, Diphenoxylate not listed in Penalty Group 3 or 4, Levorphanol, Levomethorphan, Methadone, Metazocine, 4-cyano-2-dimethylamino- 4, Methadone-Intermediate, 3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide), 4-diphenyl butane, 3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide), 2-methyl-3-morpholino-1, Moramide-Intermediate, Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- phenylethyl)-4-piperidinylpropanamide), 1-diphenyl-propane-carboxylic acid, Pethidine (Meperidine), PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine), Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine, Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate, Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid, Phenazocine, Piminodine, Racemethorphan, Racemorphan, Remifentanil, Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide), Flunitrazepam (trade or other name: Rohypnol), Methamphetamine, including its salts, optical isomers, and salts of optical isomers, Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine, Phencyclidine, including its salts, Gamma hydroxybutyric acid (some trade or other names such as: gamma hydroxybutyrate (GHB), including its salts, Ketamine, Phenazepam, U-47700, AH-7921, ADB-FUBINACA, AMB-FUBINACA, and MDMB-CHMICA.
Penalty Group 1-A under Texas Health and Safety Code § 481.1021 includes lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers, compounds structurally derived from 2,5-dimethoxyphenethylamine by substitution at the 1-amino nitrogen atom with a benzyl substituent, including compounds further modified by substitution in the phenethylamine ring at the 4-position to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), or substitution in the benzyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents) and by example, compounds such as 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25C-NBOMe, 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe), 2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe), 2C-C-NBOMe), 2,5-Dimethoxy-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25H-NBOMe, 2C-H-NBOMe), 4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe), 4-Iodo-2,5-dimethoxy-N- benzylphenethylamine (trade or other name: 25I-NB), 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (some trade and other names: 25I-NBOMe, 2C-I-NBOMe), 4-Iodo-2,5-dimethoxy-N-(2- fluorobenzyl)phenethylamine (trade or other name: 25I-NBF), 4-Iodo-2,5-dimethoxy-N-(2,3- methylenedioxybenzyl)phenethylamine (trade or other name: 25I-NBMD), 2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe), 4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)phenethylamine (trade or other name: 25I-NBOH), and 2,5-Dimethoxy-4-(n)-propyl-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25P-NBOMe, 2C-P-NBOMe).
Penalty Group 2 under Texas Health and Safety Code § 481.103 includes any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation 6-(2-aminopropyl)benzofuran (6-APB), 5-(2-aminopropyl)benzofuran (5-APB), 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB), 5-(2-aminopropyl)indole (5-IT,5-API), 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB), 1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB), 6-(2-aminopropyl)indole (6-IT,6-API), Benzothiophenylcyclohexylpiperidine (BTCP), 1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB), Desoxypipradrol (2-benzhydrylpiperidine), 8-bromo-alpha-methyl-benzo[1,2-b:4,5-b’]difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY), Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM), 2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA), Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product (some trade or other names for Dronabinol: Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- (trans)- tetrahydrocannabinol), cyclohexamine, (PCE), N-(1-phenylcyclohexyl) ethylamine, Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1′, 2′:1, 2] azepino [5, 4-b] indole; tabernanthe iboga.), 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine), Mescaline, 5-iodo-2-aminoindane (5-IAI), 4-methoxymethamphetamine (PMMA), 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA), 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP), 2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine), 4-methyl-2, 5-dimethoxyamphetamine (some trade and other names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine; “DOM”; “STP”), 5-methoxy-3, 4-methylenedioxy amphetamine, 3,4-methylenedioxy amphetamine, 3,4-methylenedioxy methamphetamine (MDMA, MDM), 5,6-methylenedioxy-2-aminoindane (MDAI), 3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl MDA), N-ethyl-3-piperidyl benzilate, N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA), Nabilone (Another name for nabilone: (+)-trans- 3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, 6-dimethyl-9H-dibenzo[b,d] pyran-9-one, N-benzylpiperazine (some trade or other names: BZP; 1-benzylpiperazine), Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran; Synhexyl), 1-Phenylcyclohexylamine, 1-Piperidinocyclohexanecarbonitrile (PCC), 4-methylaminorex, N-methyl-3-piperidyl benzilate, Tetrahydrocannabinols, other than marijuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as delta-1 cis or trans tetrahydrocannabinol, and their optical isomers, delta-6 cis or trans tetrahydrocannabinol, and their optical isomers, delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers, compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized, Pyrrolidine Analog of Phencyclidine (some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP), Thiophene Analog of Phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP), 1-pyrrolidine (some trade or other name: TCPy), 1-(3-trifluoromethylphenyl)piperazine (trade or other name: TFMPP), 3,4,5-trimethoxy amphetamine, Phenylacetone (some trade or other names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone), unless specifically excepted or unless listed in another Penalty Group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant or stimulant effect on the central nervous system: Amphetamine, its salts, optical isomers, and salts of optical isomers, Aminorex (some trade or other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- phenyl-2-oxazolamine), Etaqualone and its salts, Cathinone (some trade or other names: 2-amino-1- phenyl-1-propanone, alpha-aminopropiophenone, 2- aminopropiophenone), Fenethylline and its salts, Etorphine Hydrochloride, Mecloqualone and its salts, Lisdexamfetamine, including its salts, isomers, and salts of isomers, Methcathinone (some trade or other names: 2- methylamino-propiophenone; alpha-(methylamino)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431), Methaqualone and its salts, N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers, any compound structurally derived from 2-aminopropanal by substitution at the 1-position with any monocyclic or fused-polycyclic ring system, including: compounds further modified by: substitution in the ring system to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), whether or not further substituted in the ring system by other substituents, substitution at the 3-position with an alkyl substituent, substitution at the 2-amino nitrogen atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or inclusion of the 2-amino nitrogen atom in a cyclic structure, compounds such as 4-Methylmethcathinone (Also known as Mephedrone), N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers, 3-Fluoromethcathinone (Also known as 3-FMC), 3,4-Dimethylmethcathinone (Also known as 3,4-DMMC), 3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone), 4-Fluoromethcathinone (Also known as Flephedrone), alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP), 3,4-Methylenedioxypyrovalerone (Also known as MDPV), alpha-Methylamino-valerophenone (Also known as Pentedrone), Naphthylpyrovalerone (Also known as Naphyrone), beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone), beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone), 3,4-methylenedioxy-N-ethylcathinone (Also known as Ethylone), beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone), any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine by modification in any of the following ways: by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure, by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group, by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents, or by substitution at the 2-position of the tryptamine ring system with an alkyl substituent, and including: ethers and esters of the controlled substances listed in this subdivision, and by example, compounds such as alpha-methyltryptamine, alpha-ethyltryptamine, Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET), Dimethyltryptamine (trade or other name: DMT), Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- dimethyltryptamine; mappine), N-diisopropyltryptamine (5-MeO-DiPT), 5-methoxy-N, Psilocin, O-Acetylpsilocin (Trade or other name: 4-Aco-DMT), Psilocybin, 2,5-Dimethoxyphenethylamine and any compound structurally derived from 2,5-Dimethoxyphenethylamine by substitution at the 4-position of the phenyl ring to any extent (including alkoxy, alkyl, haloalkyl, alkylenedioxy, or halide substituents), including, by example, compounds such as: 4-Chloro-2,5-dimethoxyphenethylamine (trade or other name: 2C-C), 4-Bromo-2,5-dimethoxyphenethylamine (trade or other name: 2C-B), 4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name: 2C-E), 2,5-Dimethoxy-4-methylphenethylamine (trade or other name: 2C-D), 2,5-Dimethoxy-4-nitrophenethylamine (trade or other name: 2C-N), 4-Iodo-2,5-dimethoxyphenethylamine (trade or other name: 2C-I), 4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-2), 2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other name: 2C-P), 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or other name: 2C-T-7), 4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-4), 2,5-Dimethoxyamphetamine and any compound structurally derived from 2,5-Dimethoxyamphetamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as: 4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-4), 4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-2), 4-Chloro-2,5-dimethoxyamphetamine (trade or other name: DOC), 4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB), 4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI), 2,5-Dimethoxy-4-ethylamphetamine (trade or other name: DOET), 2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON), 2,5-Dimethoxy-4-methylamphetamine (trade or other name: DOM), 2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name: DOPR), and 4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP), and 4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP).
Penalty Group 2-A under Texas Health and Safety Code § 481.1031 includes WIN-55,212-2, Cyclohexylphenol: any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any extent, including: JWH-344, JWH-337, CP-47,497, CP-55,940, and analogues of CP-47,497, Cannabinol derivatives, except where contained in marijuana, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as: HU-210, Nabilone, and HU-211, Tetramethylcyclopropyl thiazole: any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol- 2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including: A-836,339, any compound containing a core component substituted at the 1-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including: Naphthoylindazole (THJ-018), Naphthoylindane, Naphthoylindole (JWH-018), Naphthyl methyl indene (JWH-171), Naphthoyl pyrazolopyridine, Quinolinoyl pyrazole carboxylate (Quinolinyl fluoropentyl fluorophenyl pyrazole carboxylate), and Naphthoylpyrrole (JWH-030), any compound containing a core component substituted at the 1-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including: Naphthoylimidazole, Naphthoylbenzimidazole (JWH-018 Benzimidazole), and any compound containing a core component substituted at the 3-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including: Naphthoyl benzothiazole and any compound containing a core component substituted at the 9-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including: Naphthoylcarbazole (EG-018).
Penalty Group 3 under Texas Health and Safety Code § 481.104 includes Methylphenidate and its salts and Phenmetrazine and its salts, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system, a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection, a compound, mixture, or preparation containing secobarbital, amobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group, a suppository dosage form containing secobarbital, amobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository, Amobarbital, Alprazolam, Camazepam, Bromazepam, Chlordiazepoxide, Carisoprodol, Clobazam, Chlorhexadol, Clorazepate, Clonazepam, Cloxazolam, Clotiazepam, Diazepam, Delorazepam, Ethyl loflazepate, Estazolam, Fludiazepam, Etizolam, Glutethimide, Flurazepam, Haloxzolam, Halazepam, Loprazolam, Ketazolam, Lormetazepam, Lorazepam, Lysergic acid amide, including its salts, isomers, and salts of isomers, Lysergic acid, including its salts, isomers, and salts of isomers, Medazepam, Mebutamate, Midazolam, Methyprylon, Nitrazepam, Nimetazepam, Oxazepam, Nordiazepam, Pentazocine, its salts, derivatives, or compounds or mixtures thereof, Oxazolam, Pinazepam, Pentobarbital, Quazepam, Prazepam, Sulfondiethylmethane, Secobarbital, Sulfonmethane, Sulfonethylmethane, Tetrazepam, Temazepam, Tiletamine and zolazepam in combination, and its salts. (some trade or other names for a tiletamine-zolazepam combination product: Telazol, for tiletamine: 2-(ethylamino)- 2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- e](1,4)-d diazepin-7(1H)-one, flupyrazapon), Triazolam, Tramadol, Zolpidem, Zaleplon, Zopiclone, Nalorphine, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts: not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium, not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium, not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit, a material, compound, mixture, or preparation that contains any quantity of the following substances: Chloral betaine, Barbital, Ethchlorvynol, Chloral hydrate, Meprobamate, Ethinamate, Methylphenobarbital (Mephobarbital), Methohexital, Petrichloral, Paraldehyde, Phenobarbital, Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts, unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance’s salts, optical, position, or geometric isomers, and salts of the substance’s isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: Cathine [(+)-norpseudoephedrine], Benzphetamine, Clortermine, Chlorphentermine, Fencamfamin, Diethylpropion, Fenproporex, Fenfluramine, Mefenorex, Mazindol, Pemoline (including organometallic complexes and their chelates), Modafinil, Phentermine, Phendimetrazine, Sibutramine, Pipradrol, SPA [(-)-1-dimethylamino-1,2-diphenylethane], unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts: Dextropropoxyphene (Alpha-(+)-4-dimethylamino- 1,2-diphenyl-3-methyl-2-propionoxybutane), an anabolic steroid, including any drug or hormonal substance, or any substance that is chemically or pharmacologically related to testosterone, other than an estrogen, progestin, dehydroepiandrosterone, or corticosteroid, and promotes muscle growth, including the following drugs and substances and any salt, ester, or ether of the following drugs and substances, Androstanedione, Androstanediol, Androstenedione, Androstenediol, Boldenone, Bolasterone, Clostebol, Calusterone, Delta-1-dihydrotestosterone, Dehydrochlormethyltestosterone, Drostanolone, Dihydrotestosterone (4-dihydrotestosterone), Fluoxymesterone, Ethylestrenol, Furazabol, Formebulone, 4-hydroxytestosterone, 13beta-ethyl-17beta-hydroxygon-4-en-3-one, Mestanolone, 4-hydroxy-19-nortestosterone, Methandienone, Mesterolone, Methenolone, Methandriol, 17 beta-dihydroxy-5alpha- androstane, 17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- androstane, 17alpha-methyl-3alpha, 17beta-dihydroxyandrost-4- ene, 17alpha-methyl-3beta, Methyldienolone, 17alpha-methyl-4-hydroxynandrolone, Methyltrienolone, Methyltestosterone, Mibolerone, 17alpha-methyl-delta-1-dihydrotestosterone, Norandrostenediol, Nandrolone, Norbolethone, Norandrostenedione, Norethandrolone, Norclostebol, Oxandrolone, Normethandrolone, Oxymetholone, Oxymesterone, Stenbolone, Stanozolol, Testosterone, Testolactone, Trenbolone, Tetrahydrogestrinone, and Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.
Penalty Group 4 under Texas Health and Safety Code § 481.105 includes a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams, not more than 200 milligrams of codeine per 100 milliliters or per 100 grams, not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit, not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams, not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit, and not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams.
Is marijuana still illegal in Texas?
As the Texas Tribune noted in July 2022, marijuana remains illegal to use or possess in Texas, as has been the case since 1931. The major change in 2019 was that hemp became considered to be different from marijuana because it was made federally legal by the 2018 Farm Bill and through House Bill 1325 in Texas, which Governor Greg Abbott signed in 2019, leading to CBD products being sold throughout the state. Manufacturing is still another issue. Although hemp may be legal to buy, sell, and possess, the Texas Department of State Health Services still bans processing and manufacturing of smokable hemp within the state. Medical cannabis can be legal in Texas in very limited circumstances through the Texas Compassionate Use Program, which allows Texans with certain medical conditions—such as epilepsy, autism, cancer, and post-traumatic stress disorder (PTSD)—to access cannabis oil with less than 1 percent THC by weight.
How will a drug crime conviction affect my job?
An employer will have the ability to review your criminal record, and you could face possible job loss if your employer decides that a drug conviction is a fireable offense. Not every employer will learn about a drug charge, so you can give yourself the best protection for your employment by fighting any criminal charges to achieve a resolution other than a conviction that does not cause as many issues.
What are the other consequences of a drug crime conviction?
All drug crime convictions that appear on criminal records can impact much more than just a person’s job status. People applying for apartments or other housing could have landlords who use drug convictions against them and make the convictions the basis for a denial. People applying for professional licensing can also face struggles in approval because of drug convictions. Students at colleges could face discipline from their institutions for certain drug crimes. People can also be denied public benefits for drug convictions.
Does a drug crime affect my driver’s license status?
Yes, it does. The Texas Department of Public Safety (DPS) states that people who are convicted of drug crimes will have their driver’s licenses suspended for 180 days, can be required to complete a 15-hour Drug Education Program class, pay a $100 reinstatement fee as well as any other outstanding fees that are owed, and obtain a Financial Responsibility Insurance Certificate (more commonly known as an SR-22) from an authorized insurance company that people must maintain for two years from the dates of their convictions. When a person does not have a driver’s license at the time of a drug crime, they could be denied the issuance of a driver’s license for 180 days.
When are police allowed to search my motor vehicle?
Police officers usually need to have a warrant to search you or your property. For traffic stops, police officers only need probable cause to search a motor vehicle. The alleged odor of marijuana is often cited as the basis for a motor vehicle search. You will always have the right to state that you do not consent to a search, and refusing to consent to a search in which police find drugs in your vehicle can allow an attorney to possibly claim that a search violated your Fourth Amendment rights.
Can a person be charged with driving while intoxicated (DWI) for allegedly being under the influence of drugs?
They sure can. Although DWI is more commonly associated with alcohol, a person can also be arrested for being intoxicated by drugs. It is important to know that while the definition of intoxicated under Texas Penal Code § 49.01(2) is having an alcohol concentration of 0.08 or more, it also means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” If a police officer believes an alleged offender is under the influence of drugs, a drug recognition expert is usually summoned to complete a series of tests to determine if an alleged offender is impaired by drugs. Drug recognition experts often follow the same 12-step process, which is a breath alcohol test, an interview of the arresting officer, a preliminary examination and first pulse, an eye examination, divided attention psychophysical tests, vital signs and second pulse, dark room examinations, an examination for muscle tone, a check for injection sites and third pulse, the subject’s statements and other observations, analysis and opinions of the evaluator, and a toxicological examination. The entire drug recognition expert process is inherently flawed because the interview of an arresting officer is the second step in the process and all subsequent tests thus serve as more of a confirmation bias.
Can drug crime convictions be sealed or expunged in Texas?
They might be, but it depends. Expungement (or expunction) will only be available to people acquitted of the crimes for which they were charged, people who were convicted but subsequently found to be innocent, people convicted but subsequently pardoned, people charged but cases later dismissed and the statute of limitations expired, or people arrested but not formally charged. Drug crimes are typically not included in possible offenses that prohibit orders of nondisclosure to seal records, so a person may be able to seal a criminal record with a drug conviction.
Collin County Drug Crime Resources
Drug Report – Texas Department of Public Safety (DPS) — According to this DPS document, the total number of arrests for drug abuse in Texas for 2020 was 88,651, which was the lowest total of the past 10 years. Synthetic narcotics actually accounted for the most drug sales and manufacturing offenses, even more than opium or cocaine, and marijuana. Marijuana, however, still resulted in more possession arrests than synthetic narcotics or opium, or cocaine, although other drugs actually accounted for the most.
Substance Abuse and Crime in Texas: A Summary of Prison and Probation Surveys Conducted by the Texas Commission on Alcohol and Drug Abuse and Evaluations of the Texas Criminal Justice Treatment Initiative — This is a United States Department of Justice document presenting findings from prison and probation surveys conducted by the Texas Commission on Alcohol and Drug Abuse and evaluations of the Texas Criminal Justice Treatment Initiative conducted from 1988 through 1998. It has sections on the use of both licit and illicit substance use, including lifetime and uses in the past month while on the street, the need for treatment, and criminal history. Findings showed that in terms of substance use and treatment needs, 63 percent of prison inmates and 59 percent of probationers are either substance abusers or substance dependent, and a vast majority were unable to afford treatment.
Find A Collin County Attorney for Drug Crimes Charges | Law Offices of Richard C. McConathy
If you were arrested for a drug crime anywhere in Collin County, you must retain legal counsel. Get yourself a criminal defense lawyer without further delay.
Call (469) 304-3422 or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.