Did you know that cocaine is the second most abused drug in Texas after Marijuana? Well, this is the reason why there are very clear and serious laws drafted to regulate the usage of this hard drug. Possessing trace amounts of cocaine in Texas is enough to send you to jail with hefty fines.
To help you understand these strict laws and other crucial details, such as defense regarding cocaine in Texas, we’ve compiled this matchless guide.
Let’s kick start this discussion with the penalty group that cocaine falls under.
Controlled substances in Texas are classified into 6 penalty groups, with cocaine being in the leading category- Group 1. Being in this penalty group means that it’s highly regulated and controlled in Texas. Other substances in this penalty group include Meth, Ketamine, Heroin, Codeine and Opium derivatives.
Texas Penalties for Cocaine Convictions
State Of Texas: https://statelaws.findlaw.com/texas-law/texas-cocaine-laws.html
As seen above, cocaine is highly controlled and the punishments are very severe. Let’s check them out in this outline:
Possession of Cocaine
- 1 gram: 180 days-1 year imprisonment and a maximum fine of $10,000 (State jail felony)
- 1-4 grams: 2-10 years imprisonment and a maximum fine of $10,000 (Third-degree felony)
- 4-200 grams: 5-99 years imprisonment and a maximum fine of $10,000 (Second-degree felony)
- 200-400 grams: 10-99 years imprisonment and a maximum fine of $10,000 (First-degree felony)
- Above 400 grams: (10-99 years imprisonment and a maximum fine of $100,000)
As seen above, even 1 gram of opium is a felony capable of sending you to jail. The harshness of the penalties increases as the possession amounts increase. Note that if you’re found with Paraphernalia (anything that’s used for packaging, concealing, or ingesting the drug) or cash while possessing the above amounts, you can be charged for possession with intent to distribute.
Manufacture & Delivery
- 1 gram: 180 days-1 year imprisonment and a maximum fine of $10,000 (State jail felony)
- 1-4 grams: 2-20 years imprisonment and a maximum fine of $10,000 (Second-degree felony)
- 4-200 grams: 5-99 years imprisonment and a maximum fine of $10,000 (First-degree felony)
- 200-400 grams: 10-99 years imprisonment and a maximum fine of $100,000
- Above 400 grams: 15-99 years imprisonment and a maximum fine of $250,000
If the cocaine manufacturing is done in the presence of a minor under the age of 18 years, the above penalties jump with one degree as follows:
- 1 gram: 2-20 years imprisonment and a maximum fine of $10,000 Second degree felony
- 1-200 grams: 5-99 years imprisonment and a maximum fine of $10,000 First-degree felony
- 200-400 grams: 15-99 years imprisonment and a maximum fine of $150,000
- Above 400 grams: 20-99 years imprisonment and a maximum fine of $300,000
Additional penalties
- Simple possession of Paraphernalia is treated as a class C misdemeanor and can attract a fine of up to $500.
- Manufacture or possession of Paraphernalia with intent to deliver is treated as a class A misdemeanor and can lead to imprisonment of up to 1 year and a fine of up to $4000.
- If the paraphernalia distribution involves a minor, the penalty is harsher and extends up to 1-year state jail imprisonment and fines up to $10,000.
- Delivery of cocaine that results in serious bodily injury or death is treated as a first-degree felony.
When do federal laws apply?
Here are the instances when federal laws will apply instead of Texas laws:
- -When you’re found trafficking cocaine in a federal building or federal land
- -When you’re in possession or distributing crossing Texas borders, other states borders and international borders.
- -If you’re suspected to be part of a novel cocaine distribution or trafficking group.
Note that not all federal laws perfectly harmonize with Texas laws regarding cocaine, but no confusion is bound to happen. As seen above, they operate as a single entity and are meant for entirely distinct reasons.
It’s also good to know that federal laws are always harsher than state laws and you should stay clean or hire a good attorney when you’re dealing with them.
Finding a good defense attorney for a cocaine offense
Criminal Justice Resource: https://htowncriminaldefense.com/drug-crimes/cocaine-possession/
If you’re charged or suspect that you’re being investigated for a cocaine offense, it’s crucial that you talk to an drug charge defense attorney. A good Houston drug attorney should have handled several other cases similar to yours and have proof of their success. It’s also advisable to check what people are saying about the attorney before making a final decision of entering into a deal.
The bottom line
Cocaine is a hard drug that’s sufficiently regulated in Texas. The penalties are nothing to joke about and can change your ‘normal’ life significantly. It’s not easy to go unpunished once you’re found guilty of committing a cocaine offense. To avoid this, involve an attorney right from when you learn that you’re being charged.
