Texas Methamphetamine Laws

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Through the Texas Controlled Substances Act, the Texas Legislature has criminalized the possession of a variety of materials associated with the possession, distribution and manufacturing of methamphetamine.

Through the Texas Controlled Substances Act, the Texas Legislature has criminalized the possession of a variety of materials associated with the possession, distribution and manufacturing of methamphetamine. While punishments under the Texas Controlled Substances Act vary according to the type and amount of materials associated with methamphetamine possessed, almost all punishments involve more than one year of imprisonment.

Possession of Methamphetamine

The Texas Controlled Substances Act separates all regulated substances into four penalty groups, of which methamphetamine is assigned to penalty group 1. The punishment for mere possession of methamphetamine varies according to the aggregate weight of the possessed methamphetamine. Possession of less than 1 gram is punishable by between 180 days and two years of imprisonment. Possession of between 1 gram and 4 grams is punishable by between two to 10 years, while possession of between 4 and 200 grams is punishable by two to 20 years of imprisonment, and possession of between 200 and 400 grams is punishable by five to 99 years of imprisonment. Possession of over 400 grams carries a punishment of between 10 and 99 years of imprisonment.

Manufacture or Distribution of Methamphetamine

The Texas Controlled Substances Act provides increased penalties for the possession with the intent to manufacture or distribute methamphetamine. Like the penalties for simple possession, the punishment varies according to the aggregate weight of the methamphetamine. Under the manufacture or delivery statute, possession of under 1 gram is punishable by between 180 days and two years of imprisonment, while possession of between 1 and 4 grams is punishable by between two to 20 years of imprisonment and possession of between 4 and 200 grams is punishable by between five and 99 years of imprisonment. Possession of between 200 and 400 grams is punishable by between 10 and 99 years imprisonment and a fine of up to $100,000, while the possession of over 400 grams is punishable by between 15 and 99 years of imprisonment and a fine of up to $250,000.

Possession of Precursor Materials

The Texas Controlled Substances Act criminalizes the possession of large quantities of chemicals used in the production of methamphetamine, such as anhydrous ammonia and pseudoephedrine. Specifically, a Texas resident may not possess more than 300 tablets containing ephedrine or pseudoephedrine, lithium metal removed from a battery and immersed in mineral spirits or kerosene, or three of the following five categories of substances used in the production of methamphetamine: lithium, sulfuric acid, organic solvents, petroleum distillates and salt. The possession of precursor materials for the production of methamphetamine carries a punishment of imprisonment of between two and 20 years.

Possession of Methamphetamine Paraphernalia

The Texas Controlled Substances Act also criminalizes the possession of items that are not controlled substances but are used in the process of producing or taking methamphetamine, such as needles, bottle caps or hollowed-out pens. If a person possesses methamphetamine paraphernalia for her own use, the maximum punishment is a $500 fine. If a person intends to deliver methamphetamine paraphernalia for the use of others, the maximum punishment is between 90 days and one year of imprisonment. If a person intends to deliver methamphetamine paraphernalia to a person under the age of 18 and is at least 21 years old, punishment is between 180 days and two years of imprisonment.

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About the Author

Salvatore Jackson began writing professionally in 2010. He has experience with international travel, computers, sports and law. Jackson is a licensed attorney with experience in legal research. He received his Juris Doctor from Tulane University in 2010.