Methamphetamine Crimes

Methamphetamine or “meth” is a potent stimulant that affects the central nervous system of the human body. It is commonly used as a recreational drug that creates a euphoric feeling in the user.  A person charged with a methamphetamine offense may face harsh penalties.

Texas classifies methamphetamine as a penalty group 1 drug. This means that methamphetamine has a high chance for addiction and withdrawal symptoms. Those charged with using, possessing, delivering, or manufacturing methamphetamine might face fines, and even possible incarceration.

If you or someone you know has been charged with a drug crime, it’s crucial that you seek a criminal defense attorney.

Methamphetamine Lawyer in Harris County, Texas

Have you been charged recently for a methamphetamine crime in Harris County, Texas? It’s important that you protect your rights and freedoms. Get in contact with experienced attorney Brian Benken for trusted legal representation.

Brian Benken is a criminal defense attorney with over 30 years of knowledge from Texas courts. With Brian Benken, you will never be left on the back burner. He strives to clarify all legal options, and inform you through every phase of the case.

Start your defense now with Brian Benken. He accepts clients throughout all communities in Harris County area including Houston Heights, Alief, Midtown, and Gulfton.

Call us now at (713) 223 - 4051 for a free consultation.

Overview for Methamphetamine Offenses in Texas

Texas Penalties for Methamphetamine Possession

Methamphetamine is a penalty group 1 drug in Texas because of its high potency. In Texas, it is unlawful to possess any amount of methamphetamine and other penalty group 1 drugs.

The following chart details the maximum penalties for possessing methamphetamines in the state of Texas.

 

Amount Possessed

  

Sentence

  

Jail or Prison Time

  

Fine
Less than 1 gram State Jail Felony 24 months in jail $10,000
1 gram to 4 grams Third-Degree Felony 10 years in prison $10,000
4 grams to 200 grams Second-Degree Felony 20 years in prison $10,000
200 grams to 400 grams First-Degree Felony 99 years or life imprisonment $10,000
400 grams or more First-Degree Felony Life imprisonment, with a minimum of 10 years. $100,000

Texas Penalties for Selling or Manufacturing Methamphetamines

In some cases, law enforcement may charge you with possession with intent to sell if they see a large quantity of drugs. In addition, if law enforcement finds certain paraphernalia they might deduce that the alleged offender manufactured the drug. The charges for possession with intent to sell, selling or manufacturing methamphetamines are serious under Texas law.

The following chart is the maximum penalties for selling or manufacturing methamphetamines.

 

Amount Possessed

  

Sentence

  

Jail or Prison Time

  

Fine
Less than 1 gram State Jail Felony 24 months in jail $10,000
1 gram to 4 grams Third-Degree Felony 10 years in prison $10,000
4 grams to 200 grams Second-Degree Felony 20 years in prison $10,000
200 grams to 400 grams First-Degree Felony Life imprisonment, with a minimum of 10 years. $100,000
400 grams or more First-Degree Felony Life imprisonment, with a minimum of 15 years. $250,000

 

In Texas, it is illegal to deliver a controlled substance to a minor. If a person delivers methamphetamine to a child, he or she will face a second-degree felony. The maximum penalties for a second-degree felony includes up to 20 years in prison, and a fine of up to $10,000.

“Drug-Free” Zones in Harris County, Texas

Depending on where the offense happened, your penalties may be enhanced. Certain places in Texas are legally considered a “drug-free” zone. This means if you were arrested for using, possessing, manufacturing or delivering methamphetamine in a “drug-free” zone, your penalties will be elevated.

For example if a person is arrested for possessing five grams of methamphetamine, he or she will face a first-degree felony, instead of a second-degree felony.

If a person is any of the following zones, he or she may have their penalties enhanced.

  • Private youth center;
  • Public youth center;
  • Institution of higher learning;
  • Elementary school;
  • Middle school;
  • High School;
  • Public swimming pool;
  • Video game arcade;
  • School property;
  • School board property;
  • On a school bus.

Texas Drug Court in Harris County

A drug offense can drastically change a person’s life. Fortunately, you may have more legal options than you know. Harris County drug court is an alternative to incarceration for those who are struggling drug addicts.

STAR or Success Through Addiction Recovery is a drug court program in Harris County. The STAR program uses medical treatment, therapy, and supervision to help offenders who have chemical dependencies. Participants who successfully complete drug court may have their charges reduced or dropped.

Some requirements that must be fulfilled if a person wants to commit to Harris County drug court. These requirements include:

  • The applicant has a prior drug conviction; or
  • The applicant has two prior controlled substance-related arrests; and
  • The applicant is an adult or a juvenile who is tried as an adult;
  • The applicant is a legal citizen of the United States;
  • The applicant is a Harris County resident; and
  • The applicant has a drug dependency.

Not all offenders can attend drug court. Certain convictions or mental states may exclude a person from being able to participate in drug court.

The following exceptions to Harris County drug court include:

  • The applicant has a pending charge, prior conviction, deferred adjudication for any of the following offenses:
    • Sex crimes;
    • Burglary of a habitation;
    • A crime where a firearm was exhibited or used; or
    • Any kind of crime of violence.
  • The applicant has a pending charge for selling or manufacturing a controlled substance or a dangerous drug;
  • The applicant has a pending charge for a operating a clandestine lab, or using a clandestine lab;
  • The applicant is seriously mentally ill and is unable to understand and participate in the structure of drug court; or
  • The alleged offender has been previously terminated from drug court and was arrested on a new felony charge.

Additional Resources

Texas Drug Laws – Visit the official website for the Texas legislation and laws. Find more information about Penalty Groups, aggravating factors, and other controlled substance-related offenses.

DEA | Methamphetamine – Visit the official website for the Drug Enforcement Administration (DEA). Find more information surrounding methamphetamine such as street names, how it is used, and the long and short-term effects of meth.

Houston Lawyer for Methamphetamine Crimes in Texas

If you or someone you know has been charged with a methamphetamine offense in the Harris County area, it’s vital that you seek legal representation as soon as possible. A skilled attorney can file motions, suppress evidence, and do what needs to be done to create a sturdy defense.

Attorney Brian Benken is a criminal defense attorney with over 30 years of experience. He is dedicated to each and every one of his clients. Brian Benken will exhaust all his resources and knowledge to make the best defense for you. Do what is best for your future and call Brian Benken at (713) 223 - 4051.

The Benken Law Firm accepts clients throughout all communities in Harris County including Houston neighborhoods such as River Oaks, Magnolia Park, Alief, Westchase, and Greenspoint.

Call Brian Benken at The Benken Law Firm or simply submit an online contact form for a free consultation.

This article was last updated on October 12, 2018. 

(713) 223 - 4051
Benken Law