State
In Texas, sentences for drug crimes depend on the type, quantity, and location of where the drugs were possessed and will be increased if the government believes the drugs were being delivered or manufactured. Texas has broken all controlled substances into four penalty groups and sentences range from a Class B misdemeanor up to a First Degree Felony. There is an enhancement to the next higher penalty level if the government believes the drugs were possessed within 1000 feet of a "drug free zone" which includes the areas around a school or playground. In addition, there is an enhancement if a child is present while drugs are being manufactured.
Federal
In the federal system, sentences for drug crimes are severe and depend on type and quantity of drugs alleged. The sentence will be determined based on any applicable statutory mandatory minimums, the United States Sentencing Guidelines, and statutory factors found under 18 U.S.C. 3553(a). In addition, there are other factors, such as possession of a firearm, and a prior drug convinction, that can be used to enhance the sentence.
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