Xanax is a controlled substance under Texas law. It is illegal to possess Xanax without a prescription. It is also unlawful to prescribe, distribute, or dispense the drug unless you are registered to do so.
You could face misdemeanor or felony charges. Conviction could come with severe penalties such as fines, imprisonment, a permanent criminal record, and other consequences.
If you face criminal charges related to Xanax possession or distribution, a Houston drug charges lawyer from our firm can tell you more about your rights and legal options. We can defend you and fight to minimize your legal penalties.
How Is Xanax Regulated Under Texas Law?
Xanax is the brand name for the drug alprazolam. Misuse of Xanax can cause addiction, overdose, or death. Because of these possible harms, the drug is a controlled substance under Texas law.
The Texas Controlled Substances Act (TCSA) regulates the manufacturing, possession, distribution, and use of drugs with a potential for abuse or addiction.
It classifies controlled substances under several different penalty groups based on their potential for abuse or addiction. Penalty Group 1 contains the most dangerous and potentially addictive drugs, while Penalty Group 4 contains the least potentially addictive drugs.
Xanax falls into Penalty Group 3
The Penalty Groups are as follows:
- Penalty Group 1: This group contains the most dangerous drugs and includes many opiates and opium derivatives. Criminal charges relating to drugs in this group are felonies. Punishments may include up to life in prison and fines of up to $250,000.
- Penalty Group 2: This penalty group is the next most severe and includes many hallucinogenic drugs. Drug charges related to this group are also felonies. Punishments may include hefty fines and jail time.
- Penalty Group 3: This group includes drugs that affect the central nervous system. The illegal possession, distribution, or use of Xanax and other medications in this group without a prescription or authorization are misdemeanors or felonies, depending on the amount.
- Penalty Group 4: Drugs in this group are considered the least dangerous. Charges related to them are usually misdemeanors.
What Penalties do I Face for Drug Crimes Related to Xanax in Texas?
Knowingly manufacturing, delivering, or possessing Xanax or another Penalty Group 3 or 4 drug with or without the intent to deliver is a serious crime. According to the TCSA, offenses related to Xanax include:
- Manufacture or delivery of less than 28 grams – This crime is a state jail felony. It carries a punishment of at least 180 days in state jail, up to two years, and fines of up to $10,000.
- Manufacture or delivery of 28 grams or more but less than 200 grams – Manufacturing or delivering this amount of Xanax qualifies as a second-degree felony. It carries a minimum sentence of between two and 20 years in prison and a fine of up to $10,000.
- Manufacture or delivery of 200 grams or more – This crime is a first-degree felony, which comes with fines and between five years and life in prison. If the accused is convicted of manufacturing or delivering 400 grams or more, they must serve at least 10 years in prison. This crime also carries a fine of up to $100,000.
- Possession of less than 28 grams – This is a Class A misdemeanor and carries a punishment of up to one year in jail and/or a fine of up to $4,000.
- Possession of at least 28 grams but less than 200 grams of Xanax – Possession in this amount is a third-degree felony.
- Possession of at least 200 grams but less than 400 grams – This crime is a second-degree felony.
- Possession of 400 grams or more – This crime is a first-degree felony. It carries a punishment of between five and 99 years in prison and a fine of up to $50,000.
A Houston possession of a controlled substance lawyer from our firm can help you understand the legal ramifications of the charges against you. We can answer your questions and advocate for your rights throughout the legal process.
Common Defenses Against Drug Charges
Xanax is a controlled substance. If you face Xanax-related drug charges, your freedom and financial stability could be on the line. A Houston criminal defense lawyer from our firm can build a solid defense and fight to win your case.
Depending on the circumstances of your case, we may be able to argue that:
- Law enforcement obtained the drugs through an unlawful search and seizure – This defense alleges that authorities did not have the right to search your person or property. The prosecution cannot use evidence gained during an illegal search and seizure at trial.
- The drugs were not yours – We may be able to prove that the drugs were not yours, that you did not know about or have access to them, and that they were not under your control.
- A lab error occurred – If authorities mistook a different drug for Xanax or another controlled substance, a criminal defense attorney from our firm may be able to prove the error with a drug lab analysis.
- There was a problem with the drug’s chain of custody – If there are problems with a drug’s chain of custody after a seizure, our team may be able to show that the drugs in question are not the same as the substance that law enforcement allegedly found on your person.
- Law enforcement entrapped you – Entrapment occurs when law enforcement officers induce someone to commit a crime they would otherwise not have committed.
- You had the legal right to possess the Xanax – If you have a valid prescription for Xanax, a criminal defense lawyer from our firm can demonstrate you were legally in possession of the drug.
Contact Blass Law to Connect With a Drug Charges Charge Lawyer
At Blass Law, our mission is Keeping Innocent People Innocent. Attorney Jay Blass Cohen is certified as an ACS-CHAL Forensic Lawyer-Scientist and is certified in forensic chromatography for both alcohol and drugs. He brings this knowledge, along with his tenacity and years of experience, to every case.
If you face drug charges related to Xanax in Texas, Jay can fight for you. Call now for a confidential consultation.