Texas Drug Crimes graphic with texas flag
Texas Drug Crimes graphic with texas flag

Drug Crimes

Texas law prohibits the possession, manufacture and delivery of a long list of substances unless you do so under particular and very specific circumstances. Texas law has two broad categories of drugs, marijuana (note that Texas statutes spell marijuana with an “h”–marihuana) and “controlled substances.” Controlled substances are further categorized into various “penalty groups” along with a few other miscellaneous groupings.

Each Penalty Group has its own Possession of a Controlled Substance criminal statute for possession and manufacture/delivery and punishment ranges that vary based on the quantity of drug. Marijuana has its own set of possession and delivery statutes and punishment ranges as well. Drug Possession offenses are found in the Texas Health and Safety Code (THSC). We have a dedicated Drug Possession page that covers Drug Possession charges in more detail and a Possession of a Controlled Substance page dealing with the Possession of a Controlled Substance charges in particular.

Have you been charged with a drug crime? Learn more about our Drug Crimes Defense Practice

All of the Texas state drug crimes are below:

General Drug Crimes

Manufacture & Delivery of Controlled Substance Offenses

Each of the below “Manufacture or Delivery” offenses are worded as follows:

Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group [X]

Possession of Controlled Substance Offenses

Each of the below Possession of a Controlled Substance offenses are worded as follows:*

Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group [X], unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice.

Other Possession, Manufacture & Delivery Offenses

The statutes below don’t follow the exact same statutory wording as those above, but they are nonetheless substantially similar.

*HSC 481.1151, Possession of a Penalty Group 1-A substance, does not have the prescription exception that is part of all the other possession statutes.

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
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  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
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