Drug crimes in Plano, Texas, constitute the illegal possession, use, sale, cultivation, production, and ownership of paraphernalia for substances that have been classified as having a high potential for abuse under state laws. A few examples of these controlled substances are marijuana, ecstasy, cocaine, heroin, and methamphetamine. The following offenses are considered drug crimes in Plano, Texas:
Plano's drug crimes go beyond drug-specific offenses such as drug possession and manufacturing. Typically, illegal drug use can be linked to criminal behavior because of illicit drugs' effects on the user's behavior and thought processes. Drug users commit crimes to pay for their drugs, and many criminals also commit crimes while under the influence of drugs. As a result, in Plano, drug crimes may extend to traditional violent and property crimes committed by drug users or traffickers.
It should be noted that the federal government has different laws and strategies for combating the use, abuse, and distribution of controlled substances. Consequently, an individual in Plano may face criminal charges for drug offenses on the state or federal levels. Regardless of the charge, a conviction for either type of drug crime carries severe consequences. Individuals facing these charges are strongly advised to retain legal counsel to avoid conviction.
Texas has consistently enforced harsh penalties for drug-related offenses due to the state's high prevalence of drug-related crimes. Offenders may face probation, lengthy imprisonment, costly fines, mandatory drug counseling programs, and a permanent criminal record.
Drug offenses in Plano can be prosecuted as misdemeanors or felonies, depending on the following factors:
When determining the penalty for a drug possession conviction, the weight, and type of drug are taken into account. According to the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, controlled dangerous substances are classified into penalty groups. The most dangerous and highly addictive drugs with no recognized medical value are included in Penalty Group 1. Penalty Groups 1-A, 2 3, and 4 are less dangerous and have more medical applications.
Drugs in this category are subject to Texas's most stringent regulatory supervision. Primarily, this category includes substances that are considered to be the most dangerous and addictive. Ketamine, cocaine, and opioids are examples.
Weight | Crime classification for possession | Crime classification for manufacture and delivery | Penalty for possession | Penalty for manufacture and delivery |
Less than 1 gram. | State jail felony. | State jail felony. | 180 days in jail to 2 years in prison, and a maximum possible fine of $10,000. | 180 days in jail to 2 years in prison, and a maximum possible fine of $10,000. |
1 to 4 grams. | 3rd-degree felony. | 2nd-degree felony. | 2 to 10 years in prison, and a maximum possible fine of $10,000. | 2 to 20 years in prison and a maximum possible fine of $10,000 |
4 to 200 grams. | 2nd-degree felony. | 1st-degree felony. | 2 to 20 years in prison, and a maximum possible fine of $10,000. | 5 to 99 years in prison and a maximum possible fine of $10,000 |
200 to 400 grams. | 1st-degree felony. | Enhanced felony 1. | 5 to 99 years in prison or a life sentence, and a possible maximum of $10,000. | 10 to 99 years in prison and a maximum possible fine of $100,000. |
More than 400 grams. | Enhanced felony 1. | Enhanced felony 1. | 10 to 99 years in prison or a life sentence, and a maximum possible fine of $100,000. | 15 to 99 years in prison and a maximum possible fine of $250,000. |
This group includes lysergic acid diethylamide (LSD). The penalties for crimes involving this group are determined by the number of "abuse units" (dosage units) involved in the crime.
Quantity | Crime classification for possession | Crime classification for manufacture/delivery | Penalty for possession | Penalty for manufacture/delivery |
Less than 20 units. | State jail felony. | State jail felony. | 180 days in jail to 2 years in prison, and a maximum possible fine of $10,000. | 180 days in jail to 2 years in prison, and a maximum possible fine of $10,000. |
20 to 80 units. | 3rd-degree felony. | 2nd-degree felony. | 2 to 10 years in. prison, and a maximum possible fine of $10,000. | 2 - 20 years in prison and a maximum possible fine of $10,000 |
80 to 4,000 units. | 2nd-degree felony. | 1st-degree felony. | 2 to 20 years in prison, and a maximum possible fine of $10,000. | 5 to 99 years in prison and a maximum fine of $10,000 |
4,000 to 8000 units. | 1st-degree felony. | Enhanced felony 1. | 5 to 99 years in prison and a maximum fine up to $10,000 | 10 to 99 years in prison and a maximum possible of fine up to $100,000 |
The classification includes some of the most commonly used hallucinogenic drugs, such as ecstasy (MDMA), psychedelic mushrooms, amphetamines, psilocybin, certain stimulant or depressant compounds, and synthetic cannabinoids.
Weight | Crime classification for possession | Crime classification for manufacture/delivery | Penalty for possession | Penalty for manufacture and delivery |
Less than 1 gram. | State jail felony. | State jail felony. | Six months to 2 years in state jail, and a maximum possible fine of $10,000. | Six months to 2 years in state jail, and a maximum possible fine of $10,000. |
1 gram to 4 grams. | 3rd-degree felony. | 2nd-degree felony. | 2 to 10 years in. prison, and a maximum possible fine of $10,000. | 2 to 20 years in prison and a maximum possible fine of $10,000. |
4 grams to 400 grams. | 2nd-degree felony. | 1st-degree felony. | 2 to 20 years in prison, and a maximum possible fine of $10,000. | 5 to 99 years in prison and a maximum fine of $10,000. |
400 grams or more. | 1st-degree felony. | Enhanced felony 1. | 5 to 99 years in prison and a maximum possible fine of $50,000. | 10 to 99 years in prison and a maximum possible fine of $100,000. |
Many controlled substances in this category have a depressive or stimulant effect. Benzodiazepines, anabolic steroids, valium, methylphenidate (Ritalin), and Xanax are examples.
Weight | Crime classification for possession | Crime classification for manufacture/delivery | Penalty for possession | Penalty for manufacture and delivery |
Less than 28 grams. | Class A misdemeanor. | State jail felony. | Up to 1 year in county jail and a maximum possible fine of $4,000. | 180 days to 2 years in a state jail and a maximum possible fine of $10,000. |
28 to 200 grams. | 3rd-degree felony. | 2nd-degree felony. | 2 to 10 years in prison and a maximum possible fine of $10,000. | 2 to 20 years in state prison and a maximum possible fine of $10,000. |
200 to 400 grams. | 2nd-degree felony. | 1st-degree felony. | 2 to 20 years in prison and a maximum possible fine of $10,000. | 5 to 99 years in prison and a maximum possible fine of $10,000. |
400 grams or more. | 1st-degree felony. | Enhanced felony 1. | 5 to 99 years in prison and a maximum possible fine of $50,000. | 10 to 99 years in prison and a maximum possible fine of $100,000. |
This category includes a diverse range of controlled prescription medications that can be abused. Examples are opioid derivatives and compounds containing trace amounts of narcotics but containing non-narcotic active medicinal ingredients.
Weight | Crime classification for possession | Crime classification for manufacture/delivery | Penalty for possession | Penalty for manufacture/delivery |
Less than 28 grams. | Class B misdemeanor. | State jail felony. | Up to 6 months in county jail and a maximum possible fine of $2,000. | 180 days to 2 years in a state jail and a maximum possible fine of $10,000. |
28 grams to 200 grams. | 3rd Degree felony. | 2nd-degree felony. | 2 to 10 years in prison and a maximum possible fine of $10,000. | 2 to 20 years in prison and a maximum possible fine of $10,000. |
200 grams to 400 grams. | 2nd-degree felony. | 1st-degree felony. | 2 to 20 years in prison and a maximum possible fine of $10,000. | 5 to 99 years in prison and a maximum possible fine of $10,000. |
400 grams or more. | 1st-degree felony. | Enhanced felony 1. | 5 to 99 years in prison and a maximum possible fine of $50,000. | 10 to 99 years in prison and a maximum possible fine of $100,000. |
Marijuana is in a separate drug category with its penalties. The group includes marijuana (cannabis) and synthetic marijuana or ppl cannabinoids (K2 and Spice).
Weight for possession | Weight for Manufacture or Delivery | Crime classification | Penalty for Possession | Penalty for Manufacture and delivery |
2 ounces or less. | ¼ ounce or less, given, not for payment. | Class B misdemeanor. | Up to 180 days in jail and a $2,000 fine. | Up to 180 days in jail and a $2,000 fine. |
2-4 ounces. | ¼ ounce or less, for payment. | Class A misdemeanor. | Up to one year in jail, a maximum possible fine of $4,000. | Up to one year in jail, a maximum possible fine of $4,000. |
4 ounces to 5 pounds. | ¼ ounces - 5 pounds. | State jail felony. | Up to 180 days and 2 years in prison, and a maximum possible fine of $10,000. | Up to 180 days and 2 years in prison, and a maximum possible fine of $10,000. |
5 to 50 pounds. | 5 to 50 pounds. | 3rd-degree felony. | 2 and 10 years in prison and a maximum possible fine of $10,000. | 2 and 10 years in prison and a maximum possible fine of $10,000 (2nd-degree felony). |
50 to 2,000 pounds. | 50 to 2,000 pounds. | 2nd-degree felony. | Between 2 and 20 years in prison, and a maximum possible fine of $10,000, | 5 to 99 years in prison and a maximum possible fine of $10,000 (1st-degree felony). |
2000 pounds or more. | 2000 pounds or more. | 1st- degree felony. | 5 to 99 years in prison and a maximum possible fine of $10,000. | 10 to 99 years and a maximum fine of $100,000. (Enhanced 1st-degree felony). |
Additionally, the Plano Police Department announced in 2019 that there would be no custodial arrests for Class B Marijuana Possession (possession of 2 ounces or less) unless the individual is also suspected of committing a firearm-related crime. Instead, officers now issue citations for possession of drug paraphernalia, a Class C misdemeanor. A Class C misdemeanor carries a maximum fine of $500 and no jail time.
In addition to these penalties, it is essential to note that drug charges can have consequences outside of the criminal justice system. Even after serving a criminal sentence, paying fines, and complying with other court-imposed requirements, an offender is likely to face additional difficulties such as:
Plano, Texas, like the rest of the state, is plagued by drug crime and addiction issues, particularly with meth, alcohol, and opioids (heroin). Despite having a low overall crime rate, Plano was once at the forefront of the news due to its history of heroin crises. Multiple heroin epidemics engulfed the city between 1995 and 1999, resulting in 15 deaths as a result of heroin abuse and an increase in reports of drug-related property crimes involving drug users.
Regardless, opiate/heroin addiction continues to afflict Plano, even as the drug continues to grow in popularity across the United States. The controlled substance influences user behavior and contributes to an increase in drug-related crimes. There were 4,908 property crimes and 431 violent crimes reported in 2019.
Texas has one of the nation's highest prison populations, with drug offenses accounting for the majority. The harsh penalties for drug crimes, which includes lengthy incarceration, were intended to deter people from engaging in drug-related criminal activity. Although this logic holds true in theory, but not in practice because Texas prisons are overcrowded.
However, the narrative is shifting, and the state is developing alternatives to incarceration for drug abuse and addiction. Addiction treatment programs and facilities are now widely regarded as the better option. As a result, Texas passed H.B. 1287 in 2001, requiring counties with over 55,000 people to establish drug courts as a means of reducing the prison population and diverting non-violent offenders into treatment programs rather than prisons.
Hence, Collin County, which includes Plano, implemented a drug court program intended to identify and treat the underlying cause of drug offenses while also encouraging good behavior to reduce repeat offenses. According to the Texas Department of Criminal Justice, these strategies have led to a steady reduction in the number of offenders in the prison system from more than 156,000 in 2011 to 140,533 in 2020.
A drug crimes lawyer is an attorney trained and equipped to assist defendants in protecting their rights and preserving their freedom. The experienced attorney can help defendants determine the type of case and if the charges can be dropped or reduced. The drug crime attorney may be able to assist the defendant by:
Furthermore, without adequate legal representation, a defendant may be unable to exercise certain liberties. For example, defendants must be represented by an attorney to be considered for the Collin County Pre-trial Diversion Program. Collin County has a pre-trial diversion program run by the city's District Attorney's Office. Nonviolent first-time felony offenders who qualify, enter, and complete this program typically have their underlying charges dismissed and, in some cases, expunged.
The District Attorney's Office will not accept anyone into this program unless they are represented by an attorney. This is because acceptance into the program necessitates knowledge of certain legal rights. Since the State cannot provide legal advice, legal representation is required.
Overall, choosing a drug crime attorney is a task that must be executed with extreme caution. The lawyer must have sufficient experience to act as an advocate who is well-versed in the criminal justice system's intricacies.
Depending on the circumstances surrounding an offense, a drug crimes attorney may employ various legal and acceptable defense strategies to help beat drug crimes charges. Some of these defenses may include:
This defense alleges that law enforcement officers coerced the accused into committing the alleged crime. A skilled attorney can use this defense to show that the accused was influenced by threats, intrusion, or undue influence.
The Fourth Amendment protects people from unlawful searches and seizures. Before conducting a search and seizure, law enforcement must have the accused's consent or probable cause. Without it, anything they obtain is inadmissible. As a result, if the search was illegal, the drugs found are usually excluded from evidence. Hence, if there is no other evidence against the accused, the court dismisses the charges.
It is possible to face charges for possessing a substance for which authorization has been granted. For example, a person may be detained for possessing medical marijuana without approval. However, suppose the individual has a valid cannabis prescription and a legal, medical card to prove that they are authorized to carry and use the drug. In that case, the charges may be dropped if the prescription is presented and approved in court.
Occasionally, an officer may erroneously believe that a substance is an illicit drug when it is not. In this case, the defense attorney can request that the substance be tested to see if it is a controlled substance. The charges will be dropped if the substance in question is not controlled and there is no other evidence against the defendant.