What are Drug Crimes in Lubbock, Texas?
Drug crimes in Lubbock refer to offenses that relate to the handling or use of illegal drugs or legal drugs in illegal quantities. Such offenses can be perpetuated in different ways including:
- Possession: this means that the suspect was found in control or custody of controlled substances. This control may not be physical. A person may also be convicted for drug possession if illegal quantities of controlled substances are found in a place the person has control over or manages. Such situations are generally referred to as constructive possession.
- Possession with intent to manufacture or distribute: it is a crime in Lubbock to manufacture controlled substances. A person may get a drug manufacturing charge for producing synthetic marijuana. Meanwhile, the cultivation of marijuana is typically charged as drug possession.
- Distribution or delivery: a person may be convicted for transferring controlled substances to another in Lubbock. The offense also includes aiding such transfer even without physically handling the drugs in question.
- Drug paraphernalia: Texas law criminalizes the possession, manufacturing, or delivery of items used for the production or application of controlled substances. As such, it is a crime to possess or produce items like rolling papers, smoking pipes, and roach clips in Lubbock. Other items that qualify as drug paraphernalia are mentioned in Section 481.002 (17) of the Texas Controlled Substance Act.
- Driving While Intoxicated (DWI): this offense involves the operation of a motor vehicle, boat, or aircraft while intoxicated with a controlled substance. Besides fines and incarceration, a conviction for the charge may also attract lengthy suspension of the offender’s driver’s license.
It is also an offense in Lubbock to conspire to commit any of the offenses mentioned above. The typical elements of a drug crime conspiracy charge include a plan or agreement to commit the crime, intention to carry out the plan, and performing certain acts to further or set the plan in motion by any of the parties to the agreement.
These drug crimes are stipulated in the Texas Controlled Substances Act. However, federal laws may apply in some instances. Particularly where the offense involves moving drugs across state borders. Both federal and state agencies usually seek to prosecute drug crimes. Depending on the circumstance of a case, penalties for such offenses range from simple fines to life imprisonment and hefty financial obligation. Therefore, when facing a drug charge in Lubbock, it is advisable to retain the services of a qualified drug crime attorney. The attorney can provide reliable guidance and formidable representation that can help an accused person avoid conviction or get diminished penalties. The attorney is also capable of negotiating reasonable alternative punishments with the prosecution.
What are the Penalties for Drug Crimes in Lubbock?
A conviction for a drug charge in Lubbock can carry as much as life imprisonment and a maximum fine of $250,000. What determines the eventual penalties for a drug crime in Lubbock include the offender’s criminal history and the weight and type of drug. Per Texas law, controlled substances are classified into seven categories: penalty group 1, penalty group 1A, penalty group 1B, penalty group 2, penalty group 2A, penalty group 3, and penalty group 4. This is in addition to other substances not listed, like marijuana.
Below are corresponding penalties for common crimes involving drugs in each penalty group in Lubbock.
Penalty Group | Manufacture/Distribution | Possession |
1: Opiates; Opium derivatives such as codeine compounds and heroin; Opium poppy and poppy straws; Cocaine; Methamphetamine; and Ketamine. | Less than 1 gram: is a state jail felony punishable with 180 days to 2 years in prison, including a fine of $10,000 or less.
Over 1 gram: but less than four grams: is a second-degree felony punishable with imprisonment between 2 to 20 years, which may also include payment of a fine not exceeding $10,000.
4 - 200 grams: is a first-degree felony punishable with imprisonment from 5 to 99 years plus a fine of up to $10,000.
200 - 400 grams: attracts life imprisonment or a term of 10-99 years including a fine of up to $100,000.
More than 400 grams: attracts jail term not less than 15 years and a fine up to $250,000. | Less than 1 gram: state jail felony punishable with 180 days to 2 years in prison plus a fine of $10,000 or less.
1 - 4 grams: is a third-degree felony punishable that attracts two to ten years in prison which may also include a fine of $10,000 or less.
4 - 200 grams: is a second-degree felony punishable with two to 20 years in prison which may include a fine not exceeding $10,000.
200 - 400 grams: is a first-degree felony that attracts life imprisonment or a jail term of 5-99 years including a fine not more than $10,000.
400 grams and more: attracts ten years to life imprisonment including a fine of up to $100,000. |
1A: Lysergic Acid Diethylamide (LSD). | Less than 20 units: is a state jail felony punishable with 180days to 2 years in prison, plus a fine not more than $10,000.
20 - 80 units: is a second-degree degree felony punishable with 2 to 20 years imprisonment and a fine of up to $10,000.
80 - 4,000 units: is first-degree felony punishable with life or 5 to 99 years imprisonment including a fine of up to $10,000.
More than 4,000 units: is punishable with life or 15 to 99 years imprisonment including a fine not more than $250,000. | Less than 20 units: is a state jail felony punishable with 180 days to 2 years in prison plus a $10,000 fine.
20 - 80 units: is a third-degree felony punishable with 2 to 10 years in prison including a fine of up to $10,000.
80 - 4,000 units: is a second-degree felony punishable with 2 to 20 years including a fine of $10,000.
4,000 - 8,000 units: first-degree felony that attracts life or 5 to 99 years imprisonment including a $10,000 fine.
More than 8,000 units punishable with life or 15 to 99 years of imprisonment including a fine not more than $250,000. |
1B: Fentanyl, Alpha Methylfentanyl, and any other derivative of fentanyl. | Less than 1 gram: is a state jail felony punishable with 180 days to 2 years in prison including a fine of $10,000 or less.
Over 1 gram but less than four grams: is a second-degree felony punishable with imprisonment between 2 to 20 years, which may also include payment of a fine not exceeding $10,000.
4 grams and more: attracts imprisonment for life or a term of not more than 99 years or less than 10 years, and a fine not to exceed $20,000.
400 grams or more: attract imprisonment for life or a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000. | the same punishments as those of penalty group 1.
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2: Hallucinogenic substances; Phenylacetone; Depressant/stimulant compounds not listed elsewhere; Vyvanse; Quaalude; and Compounds derived from 2-aminopropanal. | Less than 1 gram: is a state jail felony punishable with 180 days to 2 years in prison plus a fine not exceeding $10,000.
1 - 4 grams: is a second-degree felony punishable with 2 to 20 years in prison plus a fine, not more than $10,000.
4 - 400 grams: is a first-degree felony punishable with life or 5 to 99 years imprisonment including a fine of up to $10,000.
More than 400 grams: is punishable with imprisonment for life or 10 to 99 years including a fine, not more than $100,000. | Less than 1 gram: is a state jail felony punishable with 180 days to 2 years in prison including a fine of up to $10,000.
1 - 4 grams: is a third-degree felony punishable with 2 to 10 years imprisonment including a fine not more than $10,000.
4 - 400 grams: is a second-degree felony punishable with 2 to 20 years imprisonment and a fine of $10,000.
More than 400 grams: is punishable with imprisonment for life or between 5 and 99 years including a fine not more than $50,000. |
2A: Synthetic chemical compounds imitating the effect of natural cannabinoids. | Same punishments as those of penalty group 2. | Less than 2 ounces: is a Class B misdemeanor punishable a fie of up to $2,000, imprisonment for not more than 180days, or both.
2 - 4 ounces: is a Class A misdemeanor punishable with imprisonment not more than a year or a $4,000 fine, or both.
4 - 5 pounds: is a state jail felony punishable with 180 days to 2 years in prison plus a fine not more than $10,000.
5 - 50 pounds: is a third-degree felony punishable with 2 to 10 years in prison including a fine of $10,000 or less.
50 - 2,000 pounds: is a second-degree felony punishable with 2 to 20 years and a fine not more than $10,000.
More than 2,000 pounds: is punishable with imprisonment for life or 5 to 99 years including a fine not more than $50,000. |
3: Compounds containing stimulants; Compounds containing depressants; Nalorphine; Compounds containing limited quantities of narcotics; Peyote; Dextropropoxyphene; and Anabolic steroids not exempted. | Less than 28 grams: is a state jail felony punishable with 180 days to 2 years jail term including a fine, not more than $10,000.
28 - 200 grams: is a second-degree felony punishable with 2 to 20 years of imprisonment plus a fine not more than $10,000.
200 - 400 grams is a first-degree felony punishable with life or 5 to 99 years in prison including a fine of up to $10,000.
More than 400 grams: is punishable with life imprisonment or 10 to 99 years in jail plus a fine of $100,000. | Less than 28 grams: is a Class A Misdemeanor punishable with imprisonment not more than a year or a $4,000 fine, or both.
28 - 200 grams: is a third-degree felony punishable with 2 to 10 years in prison which may include a fine of up to $10,000.
200 - 400 grams: is a second-degree felony punishable with 2 to 20 years imprisonment. It may also include a maximum fine of $10,000.
More than 400 grams is punishable with imprisonment for life or between 5 to 99 years plus a fine, not more than $50,000. |
4: Compounds that contain a limited amount of narcotics, including non-narcotic active medicinal ingredients; Compounds containing Buprenorphine or Butorphanol; and Compounds containing pyrovalerone. | Same punishments as those of penalty group 3. | Less than 28 grams: is a Class B misdemeanor punishable with up to $2,000 and imprisonment for not more than 180 days.
28 - 200 grams: is a third-degree felony punishable with two to ten years in prison including a fine of $10,000 or less.
200 - 400 grams: is a second-degree felony punishable with 2 to 20 years imprisonment, including a maximum fine of $10,000.
More than 400 grams: is punishable with imprisonment for life or between 5 and 99 years including a fine not more than $50,000. |
Marihuana. | Less than ¼ ounce without remuneration is a Class B misdemeanor punishable with a $2,000 fine, imprisonment for not more than 180 days, or both.
Less than ¼ ounce with compensation is a Class A misdemeanor punishable with imprisonment not more than a year or a $4,000 fine, or both.
¼ ounce -5 pounds: is a state jail felony punishable with 180 days to 2 years in prison including a fine of up to $10,000.
5-50 pounds: is a second-degree felony punishable with 2 to 20 years imprisonment including a maximum fine of $10,000.
50-2,000 pounds: is a first-degree felony punishable with life or 5 to 99 years imprisonment, which may also include a $10,000 fine.
| Less than 2 ounces: is a Class B misdemeanor up to $2,000 or imprisonment for not more than 180 days, or both.
2 - 4 ounces: is a Class A misdemeanor punishable with imprisonment, not more than a year or a $4,000 fine, or both.
5 - 50 pounds: is a second-degree felony punishable with 2 to 20 years imprisonment including a maximum fine of $10,000.
50 - 2,000 pounds: is a first-degree felony that attracts life or 5 to 99 years imprisonment, which may also include a $10,000 fine.
More than 2,000 pounds: is punishable with imprisonment for life or between 5 and 99 years, including a fine, not more than $50,000. |
The penalties mentioned above can be enhanced to higher degrees if the offender uses a child to commit the offense, supplies controlled substances to a drug-free zone, or if the commission of the drug crimes results in serious bodily injury or death of another person.
What Percentage of Crimes are Drug-Related in Lubbock?
According to the Federal Bureau of Investigation’s Crime Data Explorer, the City of Lubbock recorded a total of 4,716 drug crimes in 2020. A breakdown of the numbers shows 3,878 drug offenses and violations and 838 drug equipment violations. Drug offenses constituted 16% of the city’s crime numbers in 2020.
How Many Prisoners are in Jail for Drug-Related Crimes in Lubbock?
Typically, drug crime convicts in the City of Lubbock are usually incarcerated at the county and state facilities. Between 2010 and 2020, District and Statutory Court in Lubbock County sentenced 989 persons to prison for drug manufacturing, 371 persons for drug possession, and 310 for felony DWI. These convictions represent 38% of the county’s total felony imprisonments within the period.
Lubbock County has usually been considered one of the North Texas High-Intensity Drug Trafficking Area according to the U.S Department of Justice. Between 2004 and 2006, the county recorded 8 Methamphetamine laboratory seizures. The Institute for Court Management also noted that pending drug cases in Lubbock County during the 2005 fiscal year accounted for 16.7% of all pending cases, both felony, and misdemeanor. This percentage increased to 21.2% in the 2010 fiscal year.
Lubbock Drug Crime Lawyer
Considering how serious drug crimes and their penalties are in the City of Lubbock, it is essential to hire a competent drug crime attorney to defend such a charge. Sometimes, the prosecution may not have justifiable cause to institute a drug charge. It is the expertise of a skilled drug crime lawyer to examine the circumstances of the case and try to pick out justifiable doubts in the prosecution’s case. Likewise, such an attorney is knowledgeable in the procedural and substantive aspect of the charge, as such, can come up with defenses that can make the court dismiss or diminish a drug charge. A drug lawyer can also help an accused person negotiate reasonable alternative punishments if the charge is likely to result in, or eventually result in a conviction.
How to Beat Drug Crime Charges in Lubbock
With the help of an attorney, accused persons can rely on certain defenses when facing a drug charge in Lubbock. The applicable defense will usually depend on the particular facts of the case.
One common defense to a drug charge in Lubbock is the failure of the police to inform the suspect of their Miranda Rights before commencing an interrogation. This right is contained in the Fifth Amendment to the U.S. Constitution and it protects a person from self-incrimination. If successfully deployed, the court can dismiss evidence derived from such interrogation.
Another common constitutional defense is illegal search and seizure prohibited under the Fourth Amendment to the U.S Constitution. Law enforcement may not conduct a search without a warrant or without reasonable cause. A violation of this provision will render any evidence gotten from such a search inadmissible in court. The court may not also admit unreliable evidence. Therefore, if it can be proven that evidence to be relied on by the prosecution was not properly handled or stored.
Besides these procedural defenses to a drug charge, there are several substantive ones. Notably, for a drug charge to be successful, the prosecution has to prove that the defendant knew they had drugs in their possession or they intended to commit the offense. This is a fundamental element of the charge. As such, a charge may not result in a conviction if the accused did not know they had drugs on them. Likewise, to exonerate the accused of a drug charge, the defense side may also provide lawful justification for possessing a certain amount of drugs. For example, a prescription provided by a medical practitioner.
Finally, it is a defense that the drugs found on the accused are not controlled substances within the contemplation of the Texas Controlled Substances Act. Arguing this defense may require laboratory analysis of the substance found. A defendant may also avoid conviction by showing that they were illegally coerced and forced to commit the drug offense. This is known as the defense of entrapment.
