Collin and Dallas County Drug Possession Lawyer

Texas Cocaine Laws & Punishments

Texas Health and Safety Code (481.115) makes it illegal to possess, manufacture or deliver any amount of cocaine in Texas. Cocaine punishments depend on the amount of cocaine involved in the arrest.

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Possession of cocaine under 1 gram is a state jail felony bringing a prison sentence of 6 months to 2 years. However, for first-time offenders the sentence can be probated, meaning probation instead of jail time.

Possessing 1 to 4 grams of cocaine is a third-degree felony. Such crimes can bring fines of up to $10,000 and jail time of 2 to 10 years. Possessing 4 to 200 grams of cocaine is a second-degree felony, which also can bring 2 to 20 years in jail and a $10,000 fine.

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Possessing 200 to 400 grams of cocaine is a first-degree felony, bringing a fine of up to $10,000 and jail time of 5 to 99 years. Possessing over 400 grams can mean a $100,000 fine and 10 to 99 years in prison.

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For delivery of cocaine, Texas Health and Safety Code (481.112) levies a fine of up to $10,000 and jail time of 180 days to 2 years for delivering under 1 gram. For delivering over 400 grams of cocaine, punishments can be prison time of 15 to 99 years and/or a fine of $250,000.

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As for manufacturing cocaine, Texas Health and Safety Code (481.112) allows for fines of up to $10,000 and jail time of 180 days to 2 years for manufacturing under 1 gram of cocaine. Manufacturing over 400 grams of cocaine means a $250,000 fine and/or 15 to 99 years in prison.

Texas Marijuana Laws & Punishments

Despite widespread public support for marijuana legalization, Texas lawmakers maintain harsh punishments for the illegal substance. Such punishments depend on the charge and amount of marijuana.

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Texas Health and Safety Code (Section 481.120) holds that if you intentionally or knowingly have "actual care, custody, control or management" of marijuana, that constitutes possession of marijuana.

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Penalties and punishments for possession of marijuana depend on the amount of marijuana possessed.

Possessing under two ounces of marijuana is a Class B misdemeanor, for which Texas punishment can be as much as 180 days in county jail and/or a fine of up to $2,000, along with two years of community supervision (probation). Possession of 2 to 4 ounces of marijuana can mean a 1-year jail sentence and a $4,000 fine.

Possessing more than 4 ounces of marijuana is a felony in Texas. Possessing up to 5 pounds can earn 180 days to 2 years in jail and a $10,000 fine. For 5 to 50 pounds the fine is $10,000 and jail time is 2 to 10 years.

For 50 to 2,000 pounds of marijuana, the fine is $10,000 and jail time is 2 to 20 years. For over 2,000 pounds, the prison sentence is 5 to 99 years and the fine is $50,000.

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Cultivation of marijuana (growing marijuana plants) is a possession offense whose penalties depend on the weight of the marijuana.

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For trafficking, delivery, transfer or sales of marijuana, Texas Health and Safety Code (481.121) holds that selling 7 grams or less is a misdemeanor with 180 days of jail time and a $2,000 fine. Selling 7 grams to 5 pounds is a felony with 1 year of jail time and a $4,000 fine. Selling any amount to a minor is a felony with 2 to 20 years of jail time and a $20,000 fine.

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Keep in mind that different jurisdictions have different priorities when it comes to low-level marijuana possession. . In fact, in Dallas County, the District Attorney's Office has a policy not to prosecute first-time misdemeanor marijuana offenses

Texas Meth Laws & Punishments

The Texas Controlled Substances Act makes it a crime to possess, distribute or manufacture methamphetamine, also known as meth or crystal meth. Punishments depend on the type and amount of materials associated with meth, but virtually all Texas meth punishments include over a year in prison.

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In Texas, meth possession of under 1 gram of meth can lead to a fine of $10,000 and up to 2 years in prison. For possession of 1 to 3.99 grams of meth, the crime is a third degree felony with a $10,000 fine and 2 to 10 years in prison. For possessing 4 to 199 grams of meth, the crime is a second-degree felony with a $10,000 fine and 2 to 20 years in prison.

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Possessing of 200 to 399 grams of meth is a first-degree felony with a $10,000 fine and 5 to 99 years in prison. Possessing 400 grams or more of meth is an "enhanced" first-degree felony with a $10,000 fine and 10 to 99 years in prison.

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Manufacturing or distributing meth can bring more severe punishments, again depending on the weight of the materials. The manufacture or delivery statute brings punishments of 2 to 20 years in prison for 1 to 4 grams and 10 to 99 years in prison for 200 to 400 grams.

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Possessing meth paraphernalia (hollowed-out pens, bottle caps, needles, etc.) for a person's own use brings a fine of up to $500.

Other Potential Enhancements

Additionally, certain situations can further enhance the penalties for a drug offense. To discuss any potential penalty enhancements, exceptions, or mitigating factors that may apply to a particular case, individuals should reach out to an experienced attorney.

 

Enhancement for Injury or Death

If death or serious injury results from the ingestion of a controlled substance that the defendant delivered, the offense can be increased by one degree unless:

• The offense is a first-degree felony, or

• The maximum sentence for the crime is life imprisonment

 

Enhancement for Crimes Involving Children

If a person under the age of 18 was used in the commission of the offense, the offense can be increased by one degree unless:

• The offense is a first-degree felony, or

• The maximum sentence for the crime is life imprisonment.

If a person under the age of 18 was made to participate in the offense by the use or threat of force, the offense can be enhanced to a first-degree felony unless —

• the offense is already a first-degree felony, or

• the maximum sentence for the crime is life imprisonment.

Higher maximum penalties may also apply if the crime involved delivery to a child.

 

Enhancement for Drug Free Zone

If you are charged with any drug offense with a drug free zone enhancement in the State of Texas you are facing serious consequence.  The drug free zone is a device created by the Texas State Legislature designed to keep drug offenders away from children.  The legislature created a pretty wide array of drug free zones in order to do this.

 

Drug free zones include: all levels of schools up to college in cases of felony delivery, a broad definition of playgrounds, arcades, youth centers, daycare facilities, and youth sports facilities.  What actually constitutes a drug free zone and where it is located relative to the offense is complicated for purposes of the law and can be used in your defense.  That is why it is important to hire someone that is up to date on the drug free zone case law to defend you if you are charged with possession of a controlled substance or manufacture and delivery of a controlled substance in a drug free zone.  

 

A drug free zone enhancement can make many Class B drug misdemeanors Class A misdemeanors and many Class A misdemeanor drug offenses State Jail offenses, punishable by 6 months to 2 years in the State Jail and a fine not to exceed $10,000.

 

The drug free zone enhancement makes most State Jail Felony drug crimes Third Degree felonies, punishable by 2 to 10 years in the Texas Department of Corrections and a fine not to exceed $10,000.  

 

The drug free zone enhancement makes most manufacture and delivery of a controlled substance charges, otherwise punishable as Second Degree Felony offenses, punishable as a First Degree Felony.  First Degree felonies are punishable, by 5 years to life or 99 years in the Texas Department of Corrections and a fine not to exceed $10,000.

 

The drug free zone enhancement increases the minimum punishment by five years and doubles the fine for most drug crimes that can be filed as a Third Degree Felony or above without a drug free zone enhancement.  This includes a charge of simple possession of a controlled substance more than one gram less than four grams in a drug free zone.  This would make the range of punishment for this crime 7 to 10 years in the Texas Department of Corrections with a fine not to exceed $20,000.

 

The maximum period of community supervision for an offense contained in Chapter 481 of the Health and Safety Code is five years, however, so if the defendant was placed on community supervision, the sentence would be to 7 to 10 years in prison suspended for a period of a maximum of 5 years of community supervision. 

 

Making matters even more complicated, however, if a defendant has a prior conviction of a manufacture and delivery in a drug free zone, and he or she is currently charged with the same in a drug free zone, the current offense is a 3g offense, and the defendant is not eligible for community supervision.

 

The drug free zone enhancement also requires that punishments be stacked.  This mean if a defendant is charged with two crimes, for instance burglary of a habitation and possession of a controlled substance in a drug free zone, the sentences must be stacked and cannot run concurrent.  The sentences must run consecutive even if it is with another drug offense.

 

Another horrifying aspect of the drug free zone is that if a person is convicted of drug offense involving a drug free zone and is serving time in the Texas Department of Corrections, he or she must serve the first 5 years of his or her sentence day for day with no good time work time.  This means even if someone were to be sentenced to a minimum of 7 years on a possession of a controlled substance, one to four grams in a drug free zone charge, he or she would serve at least 5 of those 7 years.