Texas has a reputation for being tough on drug crimes for a very good reason, and that is because it is. Texas is quick to bring charges, and attendant penalties are harsh. An important component of avoiding drug charges in Texas is knowing the terms that are commonly used and exactly what they mean (from a legal perspective). (Related: Do I Need an Attorney for My Drug Charge?)
The Terms Employed
There are wide-ranging drug terms employed in the state of Texas, and they all have specific legal meanings.
Drug
A drug is a substance that is intended to affect the brain and/or body and that may or may not have an approved medical use.
Narcotic Drug
A narcotic drug is a drug that is made or derived from the opium poppy, and this category includes opium, morphine, codeine, hydrocodone, and more.
Controlled Substances
Drug charges relate to controlled substances, which refer to any substance, drug, additive, or mixture that is found in the state’s Schedules I - V of illegal drugs. Examples of Schedule I drugs (those related to the most serious charges) include:
Heroin
Ecstasy
LSD
Crack cocaine (Read more: Cocaine Charges: Penalties and Defenses)
Within the controlled substance category, there are also counterfeit substances, which refer to controlled substances that are masquerading – via labeling or packaging – as legally manufactured drugs (or other substances). There are also simulated controlled substances, which are fake controlled substances that masquerade as real ones.
Drug Paraphernalia
Drug paraphernalia refers to any equipment, material, or products that are intended to aid in the manufacture, use, or sale of drugs.
Deliver
When it comes to drug laws in the state, deliver means to transfer either a controlled substance, a counterfeit substance, or drug paraphernalia to another person. Deliver can also refer to making an offer to sell either a controlled substance, a counterfeit substance, or drug paraphernalia to another person.
Producing
Producing refers to planting, cultivating, growing, harvesting, or manufacturing a controlled substance.
Manufacturer
A manufacturer is someone who makes or otherwise produces a drug or another controlled substance.
Related: Laws Regarding Drug Cultivation or Manufacture
Trafficking
Trafficking refers to someone who manufactures, delivers, or possesses specific controlled substances with the intention of selling or otherwise delivering them. Simply possessing a very large amount of a controlled substance can also lead to a trafficking charge.
Administer
Administer generally applies to medical professionals, and it refers to the direct administration of a controlled substance into the body by injection, ingestion, or another means.
Pharmacist
A pharmacist is a person who is licensed by the state to dispense drugs legally.
Depending upon the situation, each of these terms can play a significant role in the drug charge you face.
Related: When a Pharmacist Steals Drugs
Turn to an Experienced Killeen Criminal Defense Attorney for the Legal Guidance You Need
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a trusted criminal defense attorney whose practice focuses on helping clients like you obtain favorable case resolutions. Your rights are too important to leave to chance, so please do not wait to contact or call us at 254-501-4040 for more information about how we can help you today.
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