Tyler Drug Offense

Drug offense in Tyler

Prosecutions for Tyler drug violations are generally brought under the Controlled Substances Act in Chapter 481 through 486 of the Texas Health and Safety Code. The type of drug involved, the amount, and the action taken with the drug are determining factors in the type of charge and manner of prosecution.

Penalty groups

There are five penalty groups, plus a marijuana category, that classify the types of drugs that can be the subject of a Tyler drug violation. The penalty group numbering generally corresponds to the relative seriousness of the drug. For example, while cocaine is located within Penalty Group 1, prescription drugs may be classified in the lower Penalty Group 3. Punishment is determined by the classification of a drug within these penalty groups.

Some Penalty Group examples are:

Group 1
- Cocaine
- Oxycodone
- Methamphetamine
Group 2
- Mescaline
- Psilocin
- Amphetamine

Group 3
- HGH
- Testosterone
- Peyote
Group 4
- Ethylmorphine
- Codeine
- Dihydrocodeine

Amount of drug

Having an increased amount of a drug results in an increased range of punishment upon conviction. For example, possession of a Penalty Group 1 drug such as cocaine in an amount of less than one gram is a state jail felony that carries a punishment of 180 days to two years in state jail. The possession of cocaine in an amount of more than 400 grams has the potential for a life sentence. Penalty Group 1 has some of the most serious punishment ranges for a Tyler drug offense. Possession of a Penalty Group 3 drug such as peyote carries a sentence of two to 20 years if more than 200 grams but less than 400 grams, and a penalty of life or five to 99 years if more than 400 grams.

Delivery or sale to a minor

If the delivery or sale of a drug is to a minor, regardless of the amount involved, the crime is punishable by an additional two to 20 years in prison. A sale within 1,000 feet of a school or within 300 feet of a youth center, public pool, or video arcade carries an increase in the penalty classification which may be a difference of many years.

Contact our Attorneys

If you are charged with a drug offense in Tyler, your best bet in understanding the complexities of the drug crime process is to contact an experienced Tyler drug offense attorney at Tonda Curry & Associates. We have years of experience in defending drug offense in Tyler. Let us protect your rights and fight for you.