In 1997, Texas legislators worried that drugs were becoming more accessible as dealers cut the amount of cocaine, heroin or other drugs in a variety of products by supplementing them with other ingredients.
The legislators did not want to lessen the penalties for selling drugs simply because the drug manufacturers were figuring out ways to put less cocaine or heroin in some of their products. Just because a batch was diluted doesn't mean that the penalties should be.
In order to solve this problem, 1997 legislators created a bill that broadened the definition of a drug to include the "aggregate weight of any mixture that contains the drug." The legislators determined that they could then use the full weight of the mixture to determine the severity of a drug charge.
This means that if an individual put cocaine in a mixed bag with other ingredients, the entire weight of the bag, including the other ingredients, would count towards the grams in possession. Because Texas sentences drug offenders based on the weight of the drugs in their possession, this facilitated a higher penalty.
This law has had enormous implications in a variety of drug cases. For example, in LSD cases, the drug is much lighter than its carrier. When an individual is caught with LSD, the blotter paper or sugar cubes that hold the drug can trigger a mandatory maximum sentence in Texas according to the weight laws.
The laws have also had an enormous implication on marijuana product manufacturers. The dense pot brownies that is popular throughout the U.S. can result in a 10 year minimum and life sentence maximum because they render such a heavy weight.
One individual says that he had 1 gram of hash oil in a batch of brownies, but the brownies (with brownie mix, eggs, water, vegetable oil etc.) weighed a total of 501 grams. As a result, the baker's offense went from a low-level felony to a first degree felony in no time.
If you have been arrested and are being charged in Texas based on the mixture laws, talk with a Plano criminal defense attorney about receiving proper defense!