Manufacture, Delivery, and Possession of Drugs Attorney in El Paso

The punishment for manufacturing or delivering drugs varies based on the amount and weight of the substance involved. Here are the penalties for each of the five designated weight categories.

Penalty Group 1:

• The penalty for less than one gram is 180 days to 2 years in a state jail and/or a fine of not more than $10,000 and is classified as a state jail felony.
• The penalty for 1 gram or more, less than 4 grams, is 2 to 20 years in state prison and/or a fine of not more than $10,000 and is classified as a second-degree felony.
• The penalty for 4 grams or more but less than 200 grams is 5 to 99 years in state prison and/or a fine of not more than $10,000 and is classified as a first-degree felony.
• The penalty for 200 grams or more but less than 400 grams is 10 to 99 years in state prison and/or a fine of not more than $100,000 and is classified as an enhanced first-degree felony.
• The penalty for 400 grams or more is 15 to 99 years and a fine of not more than $250,000

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Penalty Group 1A:

• The penalty for fewer than 20 units is 180 days to 2 years in a state jail and/or a fine of not more than $10,000 and is classified as a state jail felony.
• The penalty for 20 or more units, but less than 80 units, is 2 to 20 years in state prison and/or a fine of not more than $10,000 and is classified as a second-degree felony.
• The penalty for 80 units or more, but less than 4,000 units, is 5 to 99 years in state prison and/or a fine of not more than $10,000 and is classified as a first-degree felony.
• The penalty for 4,000 units or more is 15 to 99 years in state prison and a fine of not more than $250,000 which is classified as an enhanced first-degree felony.

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Penalty Group 2:

• The penalty for Less than one gram is 180 days to 2 years in a state jail and/or a fine of not more than $10,000 and is classified as a state jail felony.
• The penalty for 1 gram or more, less than 4 grams, is 2 to 20 years in state prison and/or a fine of not more than $10,000 and is classified as a second-degree felony.
• The penalty for 4 grams or more, but less than 400 grams, is 5 to 99 years in state prison and/or a fine of not more than $10,000 and is classified as a first-degree felony.
• The penalty for 400 grams or more is 10 to 99 years in state prison and/or a fine of not more than $100,000 and is classified as an enhanced first-degree felony.

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Penalty Groups 3 and 4:

• The penalty for Less than 28 grams is 180 days to 2 years in a state jail and/or a fine of not more than $10,000 and is classified as a state jail felony.
• The penalty for 28 grams or more but less than 200 grams is 2 to 20 years in state prison, and/or a fine of not more than $10,000 is classified as a second-degree felony.
• The penalty for 200 grams or more, but less than 400 grams, is 5 to 99 years in a state prison and/or a fine of not more than $10,000 and is classified as a first-degree felony.
• The penalty for four hundred grams or more is 10 to 99 years and a fine of not more than $100,000 and is classified as an enhanced first-degree felony.

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Marijuana Penalty Group:

• The penalty for ¼ ounce or less, given, not for payment, is not more than 180 days in county jail and/or a fine of not more than $2,000 and is classified as a class b misdemeanor.
• The penalty for ¼ ounce or less, for payment, is Not more than one year in county jail and/or a fine of not more than $4,000 and is classified as a class A misdemeanor.
• The penalty for more than ¼ ounces, but less than 5 pounds, is 180 days to 2 years in a state jail and/or a fine of not more than $10,000 and is classified as a state jail felony.
• The penalty for more than five pounds, but less than 50 pounds, is 2 to 20 years in state prison and/or a fine of not more than $10,000 and is classified as a second-degree felony.
• The penalty for More than fifty pounds, but less than 2,000, is 5 to 99 years in state prison and/or a fine of not more than $10,000 and is classified as a first-degree felony.
• The penalty for more than 2,000 pounds is 10 to 99 years, a fine of not more than $100,000, and is classified as an enhanced first-degree felony.

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Additionally, using drug money for spending or investment is another criminal offense. The severity of a drug dealing charge is heightened if you are caught within 1,000 feet of a school or youth center, on a school bus, or within three hundred feet of a public swimming pool or video arcade.

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The Texas Criminal Code also allows law enforcement to confiscate any property associated with or intended for drug-related felonies. This means that your car, house, or other belongings can be seized if they are linked to drug possession or trafficking. Notably, this process is a civil proceeding, not criminal, and the state can pursue it even if you haven't been convicted.

At Nava Law Texas, we understand the seriousness of having your freedom at stake when charged with a "drug dealing" crime. You must contact an experienced attorney to avoid a maximum sentence and get help with possibly dismissing your case. Call and schedule a free case evaluation to learn more about your rights and how we can protect them.