The production of meth – or methamphetamine – and abuse of the drug are a serious problem in Texas, and the authorities take the matter very seriously. Meth is a drug that is reliably pure, readily available, and relatively inexpensive, which makes it all the more dangerous.
If you are facing a drug charge of any kind, don’t wait to secure the professional legal guidance of an experienced Killeen drug charge attorney.
Statistics about Meth in Texas
The University of Texas at Austin shared the following sobering statistics about meth use in Texas:
All three DEA Field Divisions that cover the State of Texas report that meth is the top drug threat.
The meth problem continues to strengthen, but there is no medication-assisted treatment (MAT) approved by the FDA that is available for those who are addicted.
The Texas Prescription Monitoring Program and other overdose prevention tools have led to a decrease in prescriptions for addictive medications, but this doesn’t affect methamphetamine, which is generally obtained illegally.
In the latest year for which statistics are available, meth is identified as the primary drug concern in the state – as compared to cocaine and heroin. These numbers are measured in relation to poison center calls, treatment admits, deaths, and tox labs. Meth is in the lead for each category.
The potency of meth in the State of Texas, which is generally trafficked from nearby Mexico, is also on the rise.
What Is Meth?
Meth is a very powerful and exceptionally addictive drug. It is classified as an amphetamine, which stimulates the central nervous system. Meth can take a variety of forms:
A crystalline powder that is white and odorless
Crystalline chunks, which are known as crystal meth
Pills and tablets
There are several primary factors to consider in relation to meth.
Meth Is a Strong Stimulant
Meth stimulates the central nervous system by increasing the brain’s release of dopamine, which leads to a heightened sense of pleasure and increased energy. Continuing to seek this artificially induced euphoria can lead to dangerous addiction. Prolonged usage often supports increased tolerance, which requires ever-larger amounts of the drug to achieve the effect.
Meth Comes with Serious Health Risks
Meth usage can lead to the following serious health consequences:
Serious dental issues that are often referred to as “meth mouth”
Skin sores that are slow to heal
Cardiovascular concerns
Serious weight loss
Mental health problems, such as increased anxiety, violent outbursts, and paranoia
Law Enforcement Has Increased Their Efforts to Combat Meth in Texas
Texas is known for being a major hub in terms of both transit and distribution of illegal drugs, including meth. The state’s proximity to Mexico makes it a drug trafficking hot spot. Law enforcement agencies throughout the state have increased their efforts to combat the illegal production and trafficking of drugs like meth, and they actively target meth distribution networks.
As such, meth charges have become very serious. If you have been charged with drug possession involving meth, it is essential that you contact a Killeen criminal defense attorney right away.
Meth Laws in Texas
Meth is a controlled substance in Texas – as well as in every other state in the nation and at the federal level. In Texas, meth is classified as a Penalty Group 1 drug, which means it has a very high potential for dangerous abuse and no accepted medical use.
Meth offenses break down into the following categories:
Possession
Possession refers to being in unlawful possession of meth. The severity of the offense hinges on the amount the defendant has in his or her possession – in addition to other mitigating factors.
Manufacture and Delivery
The charge of manufacture and delivery of meth is more serious still, and the related charge depends on the quantity of the drug involved and on whether or not an intent to distribute applies.
Intent to Manufacture Meth
Texas regulates the sale and possession of the chemicals that are used to produce meth. Some of these are found in common over-the-counter medicines, and being in possession of more than is authorized can lead to charges of intent to manufacture meth.
Clandestine Labs
The State of Texas outlaws and actively attempts to shut down clandestine laboratories that either produce illegal meth or that convert it into the form it is ultimately distributed in. These labs put public safety at serious risk and pose significant environmental hazards.
Meth Possession Fines and Penalties
Charges related to possession of meth are determined by the amount possessed, and they break down as follows:
Possession of less than 1 gram is a state jail felony that carries fines of up to $10,000 and a county jail sentence of up to 2 years.
Possession of from 1 to 4 grams is a third-degree felony that carries fines of up to $10,000 and a prison sentence of 2 to 10 years.
Possession of from 4 to 200 grams is a second-degree felony that carries fines of up to $10,000 and a prison sentence of 2 to 20 years.
Possession of from 200 to 400 grams is a first-degree felony that carries fines of up to $10,000 and a prison sentence of 5 to 99 years.
Possession of 400 grams or more is an enhanced first-degree felony that carries fines of up to $100,000 and a prison sentence of 10 to 99 years.
Drug Trafficking in Texas
The State of Texas shares a border with Mexico that stretches more than 1,200 miles and follows the course of the Rio Grande River. Much of this border is not monitored, and drug trafficking organizations take full advantage of this fact.
The Charge of Drug Trafficking
The charge of drug trafficking refers to transporting or distributing illegal controlled substances like meth. Drug trafficking includes the crime of possession, which is a primary factor of distribution or trafficking. To distribute meth, the defendant must be in possession of the drug.
If You’re Found in Possession of a Small Amount of Meth
If the authorities find you in possession of a small amount of meth, you’re likely to be charged with possession. It should be noted, however, that prosecutors can look at the following kinds of circumstantial evidence to build a distribution case against you:
Having a large number of the small plastic bags that are associated with distribution in your possession
Having the scales used to weigh and sell meth in your possession
Having any other kind of paraphernalia that is indicative of distribution in your possession
While possession charges are less harsh than distribution charges, either can land you behind bars with serious consequences for your future. Regardless of the kind of drug charge you face, having a trusted Killeen drug defense attorney in your corner from the start is always advised.
Drug Transporting vs. Drug Distribution
The charge of transporting a drug involves the act of moving it from one place to another in a vehicle, and in Texas, it is a form of drug trafficking.
Drug distribution, on the other hand, indicates the act of transferring the drug from one person to another, and the person charged doesn’t have to move the meth in a vehicle or go anywhere with it for the charge to stick. Simply transferring meth from one person to someone else – in any way – is a form of drug trafficking in Texas.
Intent to Distribute
In order to charge someone with intent to distribute meth, the prosecution must prove beyond a reasonable doubt that the accused had the drug in his or her possession with the intention of distributing it to at least one other person.
Trafficking Fines and Penalties
The fines and penalties you’ll face for a drug trafficking charge are even harsher than the penalties for possession:
Trafficking less than a gram of meth is a third-degree felony that carries a sentence of 2 to 10 years in prison and fines of up to $10,000.
Trafficking 1 to 4 grams of meth is a second-degree felony that carries a sentence of 2 to 20 years in prison and fines of up to $10,000.
Trafficking 4 to 200 grams of meth is a first-degree felony that carries a sentence of 5 to 99 years in prison and fines of up to $10,000.
Trafficking 200 to 400 grams of meth is an enhanced first-degree felony that carries a sentence of 10 to 99 years in prison and fines of up to $100,000.
Trafficking more than 400 grams of meth is an enhanced first-degree felony that carries a sentence of 15 to 99 years in prison and fines of up to $250,000.
Charge Enhancements
The drug charge against you can be enhanced for a wide range of reasons:
The amount of the drug
The quality of the drug
Whether you have any prior criminal history
Whether you crossed state lines in the course of committing the alleged crime
Whether you received money in the course of committing the alleged crime in question
Where the alleged crime took place (Enhancements can apply when the charge relates to being on or near school property or on a school bus.)
If the charge against you is enhanced, it means the consequences you face are that much more serious, which – in turn – means that you shouldn’t wait to consult with a practiced drug charge attorney.
Don’t Plea – Instead, Consult with a Skilled Drug Charge Attorney
Even if you believe that you were caught red-handed and have no hope of beating the charge against you, it’s important to recognize that you’re not a legal professional – and even if you are, defending yourself or making your own plea deal is not advised.
You have important legal rights that you should invoke immediately. Doing so can make a significant difference in your case’s outcome.
The Right to Remain Silent
If you’ve been arrested on a drug charge, you have the right to remain silent, and it is in your absolute best interest to keep quiet. Other than answering basic questions about your identity, you should limit your comments to asking for an attorney.
The Right to an Attorney
You also have the right to an attorney, and you should let the officers interviewing you know that you won’t be answering any questions until you’ve consulted with an attorney. At this point, it’s time to bide your time by staying quiet and carefully following your legal counsel’s advice once you have consulted with him or her.
If you’re being questioned about drug possession, don’t wait it out. Contact a skilled Killeen criminal defense lawyer immediately and protect your constitutional rights.
The Officer’s Schtick
You’ve been charged with a serious crime, and you’re feeling especially vulnerable. The officer or officers who are questioning you are all too aware of this fact, and they’ll do what they can to take advantage of it.
This tendency can translate to the officers telling you that they can only help you if you open up. They may even offer you a plea deal to do so.
While plea bargaining can sometimes prove advantageous, this is by no means always the case, and you’ll want to have a very clear understanding of what the authorities have against you – and how much of it is admissible – before you even consider making a deal.
An Experienced Killeen Drug Charge Attorney Is Standing By to Help You
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable drug charge attorney who is well prepared to employ the full force of his imposing experience in pursuit of your case’s optimal outcome. To learn more about what we can do to help you, please don’t hesitate to contact us online or call us at (254) 781-4222 and schedule a FREE consultation today.