criminal justice & drug offenses

1. CRIMINAL JUSTICE &
DRUG OFFENSES
Social Work & The Law

2. OBJECTIVES FOR THE WEEK
 War on Drugs and Uniformed Controlled
Substance Act
 Scheduling of Controlled Substances (CS)
 Drug offenses in Texas; penalty groups and
punishment
 Marihuana vs Alcohol
 Texas Drug Courts
 Treatment and rehabilitation programs

3. ILLEGAL DRUGS
CLASSIFICATION
 War on Drugs Video
 Uniform Controlled Substance Act
 Brought uniformity between state and federal drug
offenses
 Established a drug scheduling system
 Classifies controlled substances based on potential for
abuse, degree of accepted medical use and physical
danger to the abuser
 Adopts a “top-down” way of controlling illicit substances
in that state authorities can only designate, reschedule, or
delete substances whenever notified of such federal
action, unless they invoke a notice-and-hearing procedure
to resist the federal ruling

4. ILLEGAL DRUGS
CLASSIFICATION
Uniform Controlled Substance Act
In determining into which schedule a drug or other substance
should be placed, or whether a substance should be decontrolled or
rescheduled, certain factors are required to be considered:
(1) Its actual or relative potential for abuse.
(2) Scientific evidence of its pharmacological effect, if known.
(3) The state of current scientific knowledge regarding the drug or
other substance.
(4) Its history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) What, if any, risk there is to the public health.
(7) Its psychic or physiological dependence liability.
(8) Whether the substance is an immediate precursor of a substance
already controlled under this subchapter.

5. ILLEGAL DRUGS CLASSIFICATION
Schedule I
No currently accepted medical use and a high
potential for abuse.
Some of the drugs on Schedule I:
Heroin
Lysergic acid diethylamide (LSD)
Marijuana (cannabis)
3,4-methylenedioxymethamphetamine (ecstasy)
Methaqualone (Quaalude)
Peyote*

6. ILLEGAL DRUGS
CLASSIFICATION
Schedule II
Drugs with a high potential for abuse, with use
potentially leading to severe psychological or physical
dependence.
These drugs are also considered dangerous.
Combination products with less than 15 milligrams of
hydrocodone per dosage unit (Vicodin)
On the list: Cocaine, methamphetamine, methadone,
hydromorphone (Dilaudid), meperidine (Demerol),
oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and
Ritalin

7. ILLEGAL DRUGS
CLASSIFICATION
Schedule III
Drugs with a moderate to low potential for physical
and psychological dependence
Products containing less than 90 milligrams of
codeine per dosage unit (Tylenol with codeine)
Ketamine
Anabolic steroids
Testosterone

8. ILLEGAL DRUGS
CLASSIFICATION
Schedule IV
Drugs with a low potential for abuse and low risk of
dependence
Xanax
Soma
Darvon
Darvocet
Valium
Ativan
Ambien
Tramadol

9. ILLEGAL DRUGS
CLASSIFICATION
Schedule V
Drugs with lower potential for abuse
Consist of preparations containing limited quantities of
certain narcotics.
 Cough syrup preparations with less than 200 milligrams of
codeine or per 100 milliliters (Robitussin AC),
 Lomotil
 Motofen
 Lyrica
 Parepectolin

10. ILLEGAL DRUGS
CLASSIFICATIONCriminal Classification in Texas
Texas classifies controlled substances into Penalty Groups
Penalty Group 1 drugs carry the most severe punishment,
while marijuana carries the most lenient. The penalty groups
are:
Penalty Group 1 – Cocaine, heroin, methamphetamine, GHB,
ketamine, oxycodone, and hydrocodone
Penalty Group 1A – LSD
Penalty Group 2 – Ecstasy, PCP, and mescaline
Penalty Group 2A – Artificial Cannabinoids
Penalty Group 3 – Benzodiazepines, steroids, Valium, Ritalin
Penalty Group 4 – Opioids and prescription medications
Marijuana

11. ILLEGAL DRUGS PUNISHMENTS
(TX)Penalty Group 1- 180 days to two years in jail and a $10,000 fine. They can go up
to a maximum of life imprisonment (for possession of 400 grams or more) with
fines up to $300,000.
Penalty Group 2: 180 days to two years in jail for possessing less than one gram.
You can get a maximum sentence of life imprisonment for possession of 400
grams or more, with fines up to $50,000.
Penalty Group 3: 180 days to two years in jail and fines up to $10,000. The
maximum sentence is life in jail (for possession of 400 grams or more) with fines
up to $50,000.
Penalty Group 4: Similar to Group 3
Marihuana and synthetic marihuana: The minimum penalties in this group can be
probation and mandatory drug treatment. Sometimes the charge is dismissed
after successfully completing a treatment program. You could also get penalties
like 180 days in jail and fines of $2,000 for possession of two ounces or less.
Even if you only have a small amount of marijuana, they’ll likely suspend your
driver’s license for six months. Possession of more than two ounces of marijuana

12. CONTROLLED SUBSTANCES
 Controlled substances may only be possessed and
sold as permitted by law (by prescription, pharmacy
license, etc.)
 State and federal laws generally restrict:
 Manufacturing and delivery
 Possession with intent to manufacture or deliver
 Creating, delivering or possessing counterfeit substance
 Possession of a controlled substance
 Knowingly store controlled substances
 Obtain CS through fraud, misrepresentation, etc.

13. POSSESSION OF CONTROLLED
SUBSTANCE
Proof of possession is satisfied by:
Actual Possession
 Physical possession on the person
 Within a container, purse, backpack
 Within area of his or her immediate control and reach
 In a vehicle, under the seat of the defendant or in the glove
box of vehicle owned or driven by defendant

14. POSSESSION OF CONTROLLED
SUBSTANCE
Proof of possession is satisfied by:
Constructive Possession
 Drugs are in the immediately accessible to defendant or
subject his/her control
 In the trunk of the car driven or owned by defendant
 In an office or dwelling owned or controlled by defendant
 Must have strong inference of possession that the judge or
jury can connect the defendant to the drugs

15. POSSESSION OF CONTROLLED
SUBSTANCE
 Usable amount – a quantity of an illegal drug
sufficient to be used
Possession with intent to deliver – amount of drugs
in defendant’s possession is more than he would be
able to use
 Also charged if defendant has a scale or drug is packaged
for sale (individual bags)
 Circumstantial evidence can be used to prove charged (i.e.,
nice house, nice car, etc.)

16. POSSESSION OF CONTROLLED
SUBSTANCES
Religious Freedom Information Act –
Prohibits government placing “substantial burden”
on exercise of religion
Used by religious groups to resist federal
prosecution under Controlled Substance Act
Native American used of peyote in religious
ceremonies

17. ALCOHOL-RELATED CRIMES
Driving Under the Influence in TX
All 50 states have now set .08% blood alcohol
concentration (BAC) as the legal limit for driving
under the influence (DUI) or driving while impaired
(DWI) conviction.
For commercial drivers, a BAC of .04%
Under 21 years old, there is a zero tolerance
limit―even the smallest amount of alcohol is
grounds for a DUI or DWI arrest.

19. ALCOHOL VERSUS MARIHUANA
DRUGABUSE.COM
ALCOHOL
- May be fatal in large amounts
- Alcohol intoxication known as one
of the leading causes of assaults,
intimate partner violence
- Driving while under influence of
alcohol increases chances of a car
accidents by 200%
- College students reported that
after alcohol induced blackout they
did things that they could not
remember, like driving drunk,
having unprotected sex, or engaged
in risky behavior
MARIHUANA
- A fatal amount is impossible to
consume
- Couples who used marijuana had
lower rates of intimate partner
violence in the first 9 years of
marriage.
- Driving while stoned increases
chances of a car accident by 83%
- adolescents who smoke marijuana
may be at greater risk for problems
with memory and learning later in
life.
- Controversy remains over what
percentage of psychosis risk can be
linked to marijuana use and how
much depends on a person’s

20. ALCOHOL VERSUS MARIHUANA
DRUGABUSE.COM & BUSINESSINSIDER.COM
ALCOHOL
- Using alcohol even during the
first few weeks of pregnancy can
cause long-lasting effects on a
child.
- Alcohol is strongly linked with
several types of cancer;
marijuana is not
- Alcohol is heavily linked to
depression and anxiety in
drinkers
- Alcohol appears to be linked
more closely with weight gain,
despite weed's tendency to
MARIHUANA
- Studies show there may be a
link between marijuana use
during pregnancy and low birth
weight.
- Marijuana may be harder on
your heart, while moderate
drinking could be beneficial
- Psychosis and schizophrenia
are the main concern for pot
users
- Marijuana appears to be
significantly less addictive than
alcohol.

21. HTTPS://WWW.DEA.GOV/M
EDIA-GALLERY/DRUG-
IMAGES
Link2pi
cs
If you are not familiar with what illegal drugs look
like in their various forms, take a look at the DEA’s
picture gallery.
• You won’t believe what LSD looks like! (yes, I am
resorting to clickbait.)
• Link below

22. HOW DO DRUG COURTS
WORK?
DRUG COURTS IN
THE UNITED
STATES

23. DRUG COURTS IN
TEXAS
• Drug courts provide intensive
supervision which includes
judicially led and mandated
treatment programs for offenders
whose offense history or
assessment indicates that they will
benefit and will succeed from that
option vs. regular court
• Includes:
• Intensive, face-to-face interaction with
judges and other court personnel
• Immediate treatment, a continuum of
swift reaction and sanctions to relapse
• Environment build on using
community resources to assist in the
defendant’s success to overcome

24. DRUG COURTS IN TEXAS
Mandated counties to have drug
courts: Bexar, Dallas, El Paso,
Harris, Hidalgo, Tarrant and
Travis
Non-mandated counties: Ft.
Bend, Jefferson and Montgomery
State provides $83,000 per drug
court per year; drug courts
however cost $163,000
Difference in cost is paid by
federal funds and/or county
funds
Fees paid for by defendants
contribute to the courts’ overall
budget
Studies show that those who
attend drug court consistently
have a lower recidivism rate
(chance to reoffend) than those
who do not
 (Criminal Justice Policy Council, 2002)

26. TREATMENTS PROVIDED BY DRUG
COURTS
 Educational programs: to promote awareness and
educate about substance abuse
 Group counseling: usually based on 12-step models and
focuses on developing stress management and problem-
solving skills. In-house staff lead the majority of group
counseling sessions. About 70 percent of the facilitators
possess some type of formal training, and 40 percent hold
treatment certifications.
Community-based programs help offenders during times
of transition, which is when most people are at the highest
risk for relapse

27. TREATMENTS PROVIDED BY DRUG
COURTS
Outpatient treatment: involves cognitive behavioral therapy
treatment to teach participants how to avoid criminal activity, build
communication skills, think rationally and adjust to the community
Intensive Outpatient Treatment (IOP) is recommended for those who do
not need medically-supervised detox or as a follow up therapy following
successful detox, those who are on a part-time yet intensive schedule.
IOP is designed to accommodate work and family life.
Supportive Outpatient Treatment (SOP) Supportive
outpatient treatment focuses on education and counseling in both
individual and group settings to enhance recovery efforts and strengthen
a self-responsible plan of total abstinence for each client.

28. REFERENCES
U.S. Drug Enforcement Agency. Retrieved from
https://www.dea.gov/controlled-substances-act
https://www.dea.gov/drug-scheduling
National Association of Drug Courts Professionals. Retrieved
from
https://www.nadcp.org/
Anderson, T. & Gardner, J. (2017). Criminal Law, 13th Edition,
NY: Cengage Publishing.