Heads Up: Your Social Media Isn’t Safe for Deals Anymore
Listen up. Texas is not playing games anymore when it comes to dealing drugs, especially if you’re using Instagram, Snapchat, or any other platform to set it up. Think those DMs are private? Think posting a coded menu is clever? The State just changed the rules with a new law, effective September 1, 2025, that increases your charges just for using social media in the transaction.
We’re talking about Senate Bill 1833, which added a new rule to the Health & Safety Code, Section 481.142. This is not some minor adjustment; this is a whole new level of legal trouble that everyone needs to understand.
The New Law: What It REALLY Does
Here's the situation:
The Trigger: If you get caught delivering or possessing with intent to deliver certain drugs (like cocaine, meth, heroin, fentanyl, and other serious substances) AND the prosecutor can prove you used a social media platform “in furtherance of” that crime, understand this:
The Consequence: Your charge automatically gets bumped up to the next higher category.
- Caught with a state jail felony amount? Now it's a 3rd-degree felony.
- Facing a 2nd-degree? It becomes a 1st-degree.
- Already looking at a 1st-degree? The potential punishment increases significantly. That means much more prison time on the table.
“In Furtherance Of” – What That Means on the Street
Make no mistake. This isn’t just about posting pictures of drugs (though that’s unwise anyway). “In furtherance of” means using social media to help make the deal happen. Consider these examples:
- Setting up meetings in DMs? That counts.
- Posting coded menus or prices on your Story? That counts.
- Using Snapchat location drops for pickups? That counts.
- Taking orders via Facebook Messenger? That DEFINITELY counts
Prosecutors will be examining phones, looking for screenshots, messages, anything that links social media activity to the drug transaction. They’ll analyze metadata and get records from the platforms. That digital footprint you leave? It’s now evidence that can add years to a sentence.
Real Talk: Why This Hits Hard
Let’s be clear. Many people use social media constantly. This law gives law enforcement and prosecutors another tool to potentially stack charges and push for harsher plea deals.
- Plea Deals Get Worse: An offer for probation on a state jail felony might disappear if they add this enhancement and make it a 3rd-degree felony. Prison time offers become more likely.
- Sentences Get Longer: If you go to trial and lose, that “next higher category” means the judge must sentence you within a higher range. More years lost.
- More Surveillance: Expect law enforcement to monitor social media even more closely now, looking for any activity that fits this law.
Stay Sharp, Stay Free: Protect Yourself
This isn’t about judgment; it’s about understanding the system and the risks. If you are involved in illegal drug activity, you need to operate with extreme caution:
- Social Media is Evidence: Treat every DM, post, and story like it could end up in front of a jury. Because now, it literally can add years to potential prison time.
- Codes Aren’t Foolproof: Thinking emojis and slang hide your meaning? Law enforcement and prosecutors learn that quickly. They build cases using coded language regularly.
- Digital Footprints Don’t Disappear: Deleting messages doesn’t always mean they’re permanently gone. Law enforcement can often recover data you thought was erased.
- The Risk Outweighs the Convenience: Using social media might seem easy, but this new law dramatically increases the potential legal consequences. Period.
Bottom line: Texas prosecutors now have a specific legal tool to turn social media activity related to drug deals into serious prison time. Don’t make it easy for them. Be smart, stay safe, and know the law.
This new Texas law means serious time.
The information in this blog post is general and should not be considered legal advice. Please contact our legal team directly for specific guidance regarding your unique situation.
