2 Texas Drug Laws: Penalties for Marijuana and Cocaine

Texas has particularly strict laws around controlled substances and narcotics. Here’s a breakdown of two common laws along with their penalties.

Cocaine Possession and Distribution Penalties

According to the Texas Health and Safety Code (481.115), it’s illegal to possess, manufacture, or deliver any amount of cocaine in Texas.

Possession Penalty: Possessing under 1 gram of cocaine is a state jail felony that brings a jail sentence of 6 months to 2 years.

  • 1 to 4 grams of cocaine is a third-degree felony carrying a fine of up to $10,000 and jail time of 2 to 10 years.
  • If a person possesses 200 to 400 grams of cocaine, that’s a first-degree felony, bringing a fine of up to $10,000 and jail time of anywhere between 5 and 99 years.
  • Exceeding 400 grams can mean a $100,000 fine and 10 to 99 years in prison.

Delivery Penalty: The Texas Health and Safety Code (481.112) imposes a $10,000 fine and jail time of 180 days to 2 years for delivering under 1 gram of cocaine. Providing over 400 grams leads to prison time of 15 to 99 years and/or a fine of $250,000.

Manufacturing Penalty: Fines of up to $10,000 and jail time of 180 days to 2 years are levied for manufacturing under 1 gram of cocaine. The court will charge a $250,000 penalty, along with 15 to 99 years in prison for 400 grams of cocaine.

Marijuana Possession and Distribution Penalties

According to the Texas Health and Safety Code (Section 481.120), if a person intentionally or knowingly has “actual care, custody, control or management” of marijuana, that constitutes possession of marijuana.

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

Possession: If a person possesses under two ounces of marijuana, that’s classified as a Class B misdemeanor. This carries a punishment of 180 days in county jail, a fine of up to $2,000, and two years of community supervision (probation). Having more than 4 ounces of the substance is a felony in Texas, earning 180 days to 2 years in jail and a $10,000 fine. For over 2,000 pounds, the penalty is $50,000, and jail time is anywhere between 5 and 99 years.

Delivery and Sales: The Texas Health and Safety Code (481.121) states that selling 7 grams or less is a misdemeanor with 180 days of jail time and a $2,000 fine.

Note that the District Attorney will not prosecute those arrested with less than 4 ounces of marijuana in the City of Houston. The charges may even be dropped from the person’s record if they take a four-hour drug education class.

If you’ve been arrested for possession of cocaine or marijuana, call Attorney J.L. Carpenter to start fighting for your rights. She’s a leading criminal defense attorney serving Clear Lake and Friendswood, Texas with years of experience in representing clients facing various state-level drug charges. She’ll mount an aggressive defense with the goal of getting a favorable outcome in every one of her client’s cases.

Contact J.L Carpenter Law to start the battle now.

 

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