When Does Possession of Methamphetamine Become a Federal Crime?

When Does Possession of Methamphetamine Become a Federal Crime?

Being charged with possession of methamphetamine is commonly a problematic and complicated situation for most people. 

People often need clarification on how severe the charges against them are and whether they are harsh enough to become a federal crime. 

Working with a skilled and well-versed drug possession lawyer in Texas will help you build a strong defense for your methamphetamine possession charge while protecting your rights throughout the challenging and confusing legal process.   

The Law Offices of David M. White provide comprehensive and dependable defenses for our Texas clients facing drug possession charges. Call our team today at (325) 437-3311 to schedule your free initial consultation with a trusted member of our team. 

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What Are the Different Types of Drug Crimes?

Possession

A person can be charged with drug possession when they have knowing care, control, or custody over a controlled substance. This does not include controlled substances for which a person has a valid prescription in their name for the substance. 

Law enforcement will charge a person with drug possession when it is apparent that the person has the controlled substance for personal use and does not intend to sell or distribute it to others. 

The Texas Department of Public Safety reports that the majority of drug abuse arrests made in Texas are for the possession of illegal drugs, with a smaller portion of arrests being made for the unlawful sale of drugs. 

There are two classifications of drug possession:

Actual Possession  

When an illegal substance is found directly on a person or immediately within their possession, a person is considered to be in actual possession of the substance. Common examples include law enforcement finding illegal substances in a person’s hand, pocket, or purse. 

Constructive Possession  

Constructive possession of an illegal substance applies when a person has actual control of a drug, even though it may not be within their direct reach or on their person. Constructive possession often occurs when law enforcement finds illegal substances in a shared space and believes the person knew the substances were present. Common examples include law enforcement finding illicit substances in a shared home or shared vehicle. 

Intent to Distribute

The main difference between a person being charged with possession of an illegal substance versus being charged with intent to distribute is whether or not law enforcement deems the person has the drug in their possession for personal use or for the purpose of selling it or distributing it to others. 

A person can be charged with intent to distribute a drug when they have a controlled substance in their possession in a manner that demonstrates the person intended to sell or distribute the product. 

The most common factor in determining whether a person has intent to distribute is the quantity of the substance found. If a person possesses an amount of a controlled substance that is larger than what is reasonably deemed to be used for personal consumption, then the person will most likely be charged with the intent to distribute. 

Additional factors that could lead to an intent to distribute charge include the presence of

• Packaging material, usually in the form of small plastic bags and scales
• Large amounts of money 
• Drug paraphernalia
• Evidence of communication from customers, like text messages, witnesses, or phone call logs

While the ratio of drug abuse arrests for intent to distribute is much lower in Texas than the rate of drug possession arrests, intent to distribute charges often carry much more severe penalties. 

Drug Trafficking or Transportation

Drug trafficking and transportation both entail the movement of quantities of an illegal substance or substances. The major difference between the two charges is the amount of product being moved. 

A person can be charged with transportation of a drug when law enforcement finds them moving a smaller quantity of the substance with a belief that it is being possessed and transferred for personal use. 

Law enforcement can charge a person with drug trafficking when large quantities of an illegal substance are found being moved and are believed to be used with the intention to distribute or sell. Drug trafficking charges carry more severe penalties than drug transportation. 

Drug Manufacturing or Production

Drug manufacturing or production charges can be brought about if law enforcement catches a person manufacturing, producing, or processing illegal substances. The cultivation of illegal substance plants, like marijuana or psilocybin mushrooms, also falls into this category. 

Penalty Groups of Controlled Substances in Texas

Illegal drugs in Texas are criminally classified into four Penalty Groups, according to the Texas Controlled Substances Act.

Substances in Group 1 are accompanied by the most severe criminal charges, with Group 4 substances carrying less severe charges. 

Penalty Group 1 and 1-A

The Texas Controlled Substances Act identifies methamphetamine, including its salts, optical isomers, and salts of optical isomers, as a Group 1 substance. In addition, phenylacetone and methylamine are also considered Group 1 substances if they are possessed together with the intention of manufacturing methamphetamine. 

Other substances included in Group 1 are fentanyl, heroin, and cocaine. 

LSD is an example of a Group 1-A substance. 

Penalty Group 2 and 2-A

Substances included in Group 2 are psilocybin, mescaline, codeine, amphetamine, and cannabinol derivatives (with the exclusion of marijuana). Group 2-A includes synthetic marijuana. 

Group 2 substances also include 4-methoxymethamphetamine (PMMA) and 3,4-methylenedioxy methamphetamine (MDMA, MDM); however, these substances are different from methamphetamine in their chemical structures and neurochemical and behavioral impacts. 

Penalty Group 3

Penalty Group 3 includes substances such as peyote, salvia, diazepam, alprazolam, lorazepam, and temazepam.

Penalty Group 4

Mixtures or compounds that contain limited quantities of codeine, opium, and ethylmorphine are all examples of substances included in Penalty Group 4. 

What Are the Different Types of Felony Charges in Texas?

The Texas Penal Code identifies five felony classifications in the state, with a state jail felony being the least severe and a capital felony being the most. 

According to the Texas Health and Safety Code, a person can be charged with a felony offense for manufacturing, delivering, possessing, or possessing with the intent to deliver methamphetamine. The degree of the felony charge depends on the quantity of methamphetamine found. 

A felony charge can also be brought upon a person who manufactures or distributes methamphetamine, which results in another person either dying or suffering bodily harm. Felony charges can also be enhanced if the offense is committed in a drug-free zone, such as a school, playground, or youth center. 

State Jail Felony

The distribution, manufacturing, possession, or possession with the intent to distribute methamphetamine is considered a state jail felony offense when the substance found weighs less than one gram. 

A state felony offense is punishable by confinement in a state jail for 180 days to two years and a fine of up to $10,000. The penalty can be enhanced to a third-degree felony if a deadly weapon was involved or if a previous felony was committed. 

Third-Degree Felony

The possession of methamphetamine is considered a third-degree felony offense when the substance found weighs more than one gram but less than four grams.

A third-degree felony is punishable by imprisonment in the Texas Department of Criminal Justice for two to ten years and a fine of up to $10,000.  

Second-Degree Felony

The possession of methamphetamine is considered a second-degree felony offense when the substance found weighs four grams or more but less than 200 grams.

The distribution, manufacturing, or possession with the intent to distribute methamphetamine is considered a second-degree felony offense when the substance found weighs between one and four grams. 

A person can also be charged with a second-degree felony if they deliver methamphetamine to a child or if they are found to be in possession of or transporting materials to manufacture methamphetamine. 

A second-degree felony offense is punishable by imprisonment in the Texas Department of Criminal Justice for two to 20 years and a fine of up to $10,000. 

First-Degree Felony

Possessing methamphetamine is considered a first-degree felony offense when the substance found weighs 200 grams or more but less than 400 grams. In Texas, a first-degree felony is punishable by imprisonment in the Texas Department of Criminal Justice for life or a term ranging from five to 99 years, as well as a fine of up to $10,000. If a person is found in possession of 400 grams or more, the minimum term is increased to 10 years, and the potential fine can rise to $100,000.

The distribution, manufacturing, or possession with the intent to distribute methamphetamine is considered a first-degree felony offense when the substance found weighs more than four grams. The severity of the punishment depends on the amount of methamphetamine:

• At least four grams and less than 200 grams - This is a first-degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term ranging from five to 99 years, as well as a fine of up to $10,000. 
• 200 grams or more and less than 400 grams - This is a first-degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or a term ranging from 10 to 99 years, as well as a fine of up to $100,000. 
• More than 400 grams - This is a first-degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or a term ranging from 15 to 99 years, as well as a fine of up to $250,000. 

Capital Felony

The Texas Health and Safety Code does not specify any capital felony charges associated with methamphetamine. 

If you or your loved ones have been charged with possession of methamphetamine, contact our trusted team at the Law Offices of David M. White today. Let us help you build the strong defense you deserve.

Why Choose the Law Offices of David M. White

At the Law Offices of David M. White, our dedicated team is devoted to helping our fellow Texans build strong defenses in their criminal cases. 

We work hard on each client’s case to deliver the best results possible, easing the stress of you and your loved ones during your challenging times. 

Our team is committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. We appreciate how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case. 

A recent client expressed gratitude for our help with their DUI case, appreciating our thorough explanations of what they were facing and our guidance on the best path forward. 

Our West Texas law offices are conveniently located in 

• Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
• San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop

Call the Law Offices of David M. White today to schedule your free initial consultation. Let us manage the burden of your criminal defense.  

Work With a Dependable Drug Possession Defense Lawyer in Texas

Being arrested and charged for possession of methamphetamine is a stressful and complicated situation for most people to navigate. 

Having the help of a dependable criminal defense lawyer will help you build a strong defense for your case while ensuring your rights are protected throughout the complicated and confusing legal process. 

Your trusted legal team will thoroughly evaluate all aspects of your defense, including defining the possession charges and assessing any potential constitutional violations.

Allow our dedicated team at the Law Offices of David M. White to assist you and your loved ones in your methamphetamine possession defense case so that you can better focus on getting your life back on track. 

Call us today at (325) 437-3311 for your free initial consultation. Let us manage the complicated burden of your criminal defense for you and your loved ones.

Schedule a free consultation