Analog Drug Possession/Sale
Illegal drugs are available everywhere, but if you’re caught possessing a controlled substance you will likely face severe punishment. A set of drugs that fall under that category are analog drugs or better known as designer drugs. In case you are unfamiliar, these controlled substances are similar to but not identical to other illegal narcotics.
Analog drugs are chemical mixtures similar to illegal Schedule 1 and Schedule 2 drugs. Schedule 1 drugs are drugs with a high risk of abuse and have no medical purpose. Examples include heroin, marijuana, LSD, PCP, and cocaine. Schedule 2 drugs also have a risk of abuse but are used in safe, accepted medical practices. Examples include morphine, cocaine, oxycodone, methylphenidate, and dextroamphetamine.
Many analog drugs are popular among teens and young adults. Designer drugs such as Molly, Acid, Meth, Bath Salts, and Roofies are all examples of analog drugs commonly used by minors or college students. As mentioned above, these illegal drugs are created to mimic the effects of Schedule 1 or 2 controlled substances.
Possessing or selling analog drugs is a felony in Texas that can result in a harsh criminal sentence. If you have been charged with possession or selling of analog drugs, it is best to contact an experienced attorney immediately.
However, Goldstein & Orr drug defense lawyers are knowledgeable about chemistry-related defenses and other defenses to analog drug charges. So, it is important to contact the firm if you face an analog drug allegation.
Analog Drug Possession Attorneys in San Antonio, Texas
In the state of Texas, the most popular type of analog drugs are synthetic cannabinoids. These cannabinoids are mixes of plant material sprayed with unique chemicals, known to be fake marijuana. The chemicals used to spray on fake marijuana can be highly dangerous to one’s health.
Synthetic cannabinoids are the most popular analog drug among adolescents. Usually, they are found in convenience stores, smoke shops, or online. Typically, if an officer has suspicion that an individual has a substance, the officer can stop and search the individual.
If you have been charged with possession of analog drugs, contact the attorneys at Goldstein & Orr. Our attorneys have the experience to handle everything from simple drug possession charges to serious drug trafficking charges. No case is too large or small for Goldstein & Orr, and our attorneys will fight to preserve your rights. We serve clients throughout San Antonio and Bexar County. Give us a call at (210) 226-1463 to schedule your free consultation at Goldstein & Orr.
Overview of Analog Drug Possession/Sale:
- Types of Analog Drugs
- Texas Penalties for Distributing Analog Drugs
- Texas Penalties for Possessing Analog Drugs
- Federal Offenses and Penalties for Analog Drugs
- Additional Resources
Types of Analog Drugs
Analog drugs, also known as designer drugs, are created to mimic the effects of illegal substances. Usually, analog drugs are manufactured at the defendant’s home or in an illegal lab. There are various analog drugs out there, most of which fall under one of these three categories.
- Synthetic Cannabinoids – These types of analog drugs mirror the effects of marijuana. The effects include relaxation, distorted awareness, elevated mood, and mental illness. Synthetic Cannabinoids include K2, Spice, Kush, Kronic, and Joker, to name a few.
- Synthetic Cathinones – These analog drugs, sometimes called Bath Salts, are stimulants, which increase the dopamine and serotonin levels in an individual’s brain, in other words, producing a feeling of pleasure. Synthetic Cathinones are usually white or brown powder or chunky crystals. These drugs include Molly, Flakka, Bath Salts, and Meth.
- Synthetic Phenethylamines – These drugs are hallucinogens that affect the brain by altering sensory input. Individuals may experience strange effects like detachment from the body or blurred vision. Synthetic Phenethylamines drugs include N-Bomb and Smiles.
Texas Penalties for Distributing Analog Drugs
Distributing analog drugs in Texas is classified as a felony offense, which means serious penalties. Below are the penalties in Texas for distributing analog drugs upon conviction.
- An individual with less than a gram can be charged with a state jail felony, which carries a max of 2 years of jail time and a $10,000 fine.
- An individual in possession of between 1 gram and 4 grams can be charged with a second-degree felony, which carries a max of 20 years of prison and a $10,000 fine.
- An individual in possession of between 4 grams and 400 grams can be charged with a first-degree felony, which carries five years to life in prison and a $10,000 fine.
- An individual with more than 400 grams can be charged with a first-degree felony, which carries ten years to life in prison and a $100,000 fine.
Texas Penalties for Possessing Analog Drugs
The state of Texas dishes out harsh punishments for possessing analog drugs. Texas puts these drugs into penalty groups. These groups determine the penalties that a person will face if convicted of drug possession. Generally, the severity of the substance and the criminal charge start at group 1 and go up to group 4, the more severe the drug, the lower the penalty group. Analog drugs are categorized in Penalty Groups 1, 1-A, 2, and 2-A because they have similar chemical structures to other serious addictive drugs in those groups such as heroin.
Because of the high risk of addiction associated with these drugs, Texas has implemented harsh consequences for possessing these substances. Listed below are the various penalties for possessing an analog drug in Texas.
- An individual with less than 2 ounces can be charged with a Class B misdemeanor, which carries 180 days of jail time and a $2,000 fine.
- An individual in possession between 2 ounces and 4 ounces can be charged with a Class A misdemeanor, which carries a year of jail time and a $4,000 fine.
- An individual in possession between 4 ounces and 5 ounces can be charged with a State Felony, which carries two years of jail time and a $10,000 fine.
- An individual in possession between 5 ounces and 50 ounces can be charged with a third-degree felony, which carries ten years of jail time and a $10,000 fine.
- An individual in possession between 50 ounces and 2,000 ounces can be charged with a second-degree felony, which carries 20 years of jail time and a $10,000 fine.
- An individual in possession of 2,000 ounces or more can be charged with a first-degree felony, which carries between five years to life of jail time and a $50,000 fine.
Federal Offenses and Penalties for Analog Drugs
The DEA specializes in felony drug crimes, usually targeting large-scale drug crimes. Smuggling drugs domestically or abroad are just a few examples of drug crimes the DEA focuses on. Drug trafficking is not the only federal offense you could be accused of. Drug manufacturing, possession, and conspiracy are all considered federal offenses that could land you in prison for years.
Penalties involving federal crimes have mandatory minimum sentences and harsh punishments. Below are the federal penalties for drug possession.
- An individual convicted of illegally possessing a controlled substance face a penalty of up to one year in prison and a fine of at least $1,000.
- A second conviction includes a penalty of no more than two years in prison and a maximum $2,500 fine.
- Those with ensuing convictions will face penalties of no more than three years in prison and a minimum $5,000 fine.
Texas Analog Drug Laws – Visit the official site for Texas statutes regarding analog drugs. Discover information about the regulations and penalties concerning analog drugs in Texas and which drugs fall under each penalty group.
Designer Drugs – The official site of the Drug Enforcement Administration, which covers in detail designer drugs and the various types.
Lawyer for Analog Drug Charges
If you have been charged with possession or distribution of analog drugs, it’s crucial you contact the appropriate attorney for your case. The consequences for drug charges can be severe if not handled appropriately. Find an San Antonio criminal defense attorney with Goldstein & Orr that will take your case.
Our attorneys have vast experience with state and federal drug crimes. We will do whatever possible to provide the most dedicated and assertive defense team possible for your case. We accept clients throughout San Antonio and Bexar County including Terrell Hills, Selma, Shavano Park, Windcrest, and Alamo Heights. Give us a call at (210) 226-1463 for your free consultation.