Drug-Free Zones in Texas

As drugs have reached school campuses and other areas where children congregate across the country, states have created drug-free zones. Drug-free zones are designated areas where fines and prison sentences are enhanced for drug possession and distribution crimes than other places where children are less likely to populate.

In Texas, drug-free zones are those places within 1000 feet of the following:

• Public or private elementary schools
• Public or private secondary schools
• Daycare centers
• Private or public youth centers
• Public playgrounds
• Public or private institutions of higher learning, such as technical institutes, colleges, and universities

Nor can anyone possess or distribute drugs within 300 feet of a school bus, video arcade, or public swimming pool. It is important to note that in Texas, colleges and universities are drug-free zones. The same penalties apply on these campuses as at or near an elementary or high school.

Enhancement of Fines and Incarceration for Drug Crimes in Drug-Free Zones

Certain drug crimes have sentence enhancements of five years and a doubling of their fines when committed in drug-free zones.

These crimes are as follows:

• Manufacture, delivery, or possession of a substance in Penalty Group 1 with a drug’s aggregate weight being one gram or more;
• Manufacture, delivery, or possession of a substance in Penalty Group 1-A with the number of units being twenty or more;
• Manufacture or delivery of a substance in Penalty Group 2 or 2-A with the drug’s aggregate weight being one gram or more;
• Manufacture, delivery, or possession of a substance in Penalty Group 3 or 4 with the drug’s aggregate weight being twenty-eight grams or more;
• Possession of a Penalty Group 2 substance with the drug’s aggregate weight being one gram or more;
• Possession of a Penalty Group 2-A substance with the drug’s aggregate weight being five pounds or more; and
• Delivery or possession of marijuana five pounds or more.

The following drug-related offenses increase by one degree or are enhanced from state jail felonies to third-degree felonies when committed in a drug-free zone. This increases the range of imprisonment from 180 days to two years up to two to ten years.

• Manufacture, delivery, or possession of a substance in Penalty Group 1 with the aggregate weight being less than one gram;
• Manufacture, delivery, or possession of a substance in Penalty Group 1-A with the number of units being fewer than twenty;
• Manufacture or delivery of a substance in Penalty Group 2 or 2-A with the aggregate weight being less than one gram;
• Manufacture or delivery of a substance in Penalty Group 3 or 4 with the aggregate weight being less than twenty grams;
• Possession of a substance in Penalty Group 2 with the aggregate weight being less than one gram;
• Possession of a substance in Penalty Group 2 with the aggregate weight being five pounds or more but less than four ounces;
• Delivery of marijuana five pounds or less but more than ¼ ounce; and
• Possession of marijuana five pounds or less but more than four ounces.

The following drug crimes increase from a Class A misdemeanor to a state jail felony when committed in a drug-free zone. This increases their possible jail term from a one-year maximum to a two-year maximum.

• Possession of less than twenty-eight grams of a controlled substance in Penalty Group 3;
• Manufacture, delivery, or possession of miscellaneous controlled substances;
• Delivery of ¼ ounce or less of marijuana; and
• Possession of two ounces or more but less than four ounces of marijuana.

Class B misdemeanor drug offenses enhanced to Class A, making them punishable by up to one year in jail, rather than a maximum jail sentence of 180 days, are:

• Possession of less than twenty-eight grams of a substance in Penalty Group 4;
• Manufacture, delivery, or possession of miscellaneous substances;
• Delivery of less than ¼ ounce of marijuana without receiving payment; and
• Possession of two ounces or less of marijuana.

If you are facing charges of possession or distribution of drugs in a Texas drug-free zone, do not wait to contact an experienced San Antonio drug crimes attorney. These crimes are serious and can follow you for a lifetime. Learn about potential defenses today.