Caught holding the bag? You’re looking at a lot more than a slap on the wrist. Although cocaine is treated casually by many partygoers and late-night beer buddies, you may be shocked at just how severe punishments are for cocaine possession in Texas.
With regulations loosening nationwide on marijuana possession (that’s right, even the weed laws in Texas have gotten lax), many seem to think that all drug possession penalties have become a bit more forgiving. Trust us, this is not the case, and making this mistake can cost you dearly.
Not only is cocaine possession in Texas still a crime, but it’s also always a felony — a felony that can land you with significant jail time if you aren’t careful. Before you decide to pick up some party favors for your buddy’s bachelor party or your next night out at the club, make sure you know the penalties for cocaine possession in Texas.
Continue reading to find out everything you need to know about cocaine in Texas, or call the drug possession lawyers at Thiessen Law Firm today at (713) 864-9000 to protect your freedom.
What are the Texas cocaine laws?
What is the law on cocaine in Texas? Texas has some of the strictest drug laws in the United States, and cocaine is no exception. As it is in most places, it is illegal to possess, distribute, or manufacture cocaine in Texas, the distinction between Texas and some other states is that the penalties for cocaine-related offenses are very severe. Cocaine is classified as a controlled substance, meaning its use and possession are tightly regulated.
According to the Texas Controlled Substances Act, possession of any amount of cocaine is considered a felony in Texas, no matter how small. That means having even a small amount for personal use could mean mandatory jail time if convicted, even if this is your first drug offense.
What penalty group is cocaine in Texas?
The reason that cocaine possession punishments are so severe is that cocaine is considered a Penalty Group 1 drug in Texas. Penalty Group 1 includes drugs that are considered to have a high potential for abuse and no accepted medical use, such as heroin, methamphetamine, and LSD.
Take a look at some more common substances from the Texas drug penalty groups below:
| Penalty Group 1 | – Cocaine– Methamphetamine– Common painkillers (hydrocodone, oxycodone, etc.)– Heroin and other opium derivatives– Psilocybin (psychedelic mushrooms)– LSD– Mescaline– Ketamine– And more |
| Penalty Group 2 | – Ecstasy or MDMA– PCP– Hashish or other cannabinoids derived from marijuana |
| Penalty Group 3 | – Anabolic steroids– Xanax and other benzodiazepines– Sedatives– Prescription drugs with potential for abuse because of their stimulating or depressive effects – Opioids not contained in Penalty Group 1 |
| Penalty Group 4 | – Opioids not enumerated in Penalty Groups 1 or 3 – Prescription medications with small amounts of codeine, opium, etc. with significant potential for abuse |
You may be looking through that Group 1 list of substances and thinking “cocaine punishments are the same as heroin punishments?” While it may seem like one of these things is not like the other, according to the Texas drug laws, they are.
Continue reading: Is xanax a controlled substance?
Penalties for cocaine possession in Texas
“How much jail time do I get for possession of coke in Texas?” is an (incredibly) common question, but it’s also one that many people are too intimidated to ask until it’s too late.
If you are found with cocaine on you, you are considered to be in possession of a controlled substance (as opposed to being found in possession of a dangerous drug).
Your punishment for cocaine possession in Texas will be dependent on the amount of the substance you were caught with. The range of potential penalties is as follows:
| Amount in possession | Charge | Maximum fine | Potential jail time |
| Less than 1 gram | State jail felony | $10,000 | 180 days – 2 years |
| 1 – 4 grams | Third-degree felony | $10,000 | 2 – 10 years |
| 4 – 200 grams | Second-degree felony | $10,000 | 2 – 20 years |
| 200 – 400 grams | First-degree felony | $10,000 | 5 – 99 years |
| 400+ grams | Enhanced first-degree felony | $10,000 | 10 years – life in prison |
Keep in mind that these penalties only apply to the possession of cocaine in Texas. If you are busted selling or manufacturing the stuff, or even if you have a criminal record involving drugs, the punishments can be even more severe.
Factors that influence the severity of your charge for cocaine possession in Texas
No doubt you’ve noticed that the range of potential consequences for cocaine possession in Texas is pretty wide. Yes, you may be sentenced according to the amount of cocaine you have on you, but what determines if you get two years in prison or ten? Does the fact that you may be a first time offender with a felony drug charge in Texas change anything?
There are, in fact, a few important factors that influence whether or not the judge decides to throw the book at you for cocaine charges in Texas.
1. Your criminal record
Texas judges understand that sometimes even good people have blooper reel moments. While cocaine charges in Texas are harsh, if you’re a first-time drug offender in Texas and have never been charged with anything beyond a speeding ticket before now, you have a much better chance at a lower sentence or a strong plea deal.
On the flip side, if you’ve been convicted of past felonies or drug-related charges, your sympathy card may not get much play in court. The same also applies to cocaine possession in the midst of another crime.
For instance, if you’re caught with cocaine while being pulled over on suspicion of DWI, there are consequences for DWI in Texas, and your mini-crime spree may result in harsher sentencing than you might receive for either of those crimes on their own.
2. Being charged with possession of cocaine vs. possession of cocaine with intent to distribute
The state of Texas doesn’t want anyone using cocaine, so imagine how much they like the people who sell it.
Being caught with a gram of cocaine in one bag with no scales, weapons or other signs of drug dealing is one thing. Now, being caught with that same gram broken down into smaller baggies and/or alongside the items listed above implies possession with intent to distribute which is a whole other situation.
This implication can enhance both your cocaine charges in Texas as well as your punishments. Like with simple possession, charges will be dependent on the amount of cocaine you have on you and were intending to distribute.
3. The quality of your legal representation
Oftentimes, your cocaine charges in Texas and your sentencing are determined in large part by the agreements you and your lawyer are able to make with the prosecution. Most large Texas counties have bigger fish to fry than someone accused of cocaine possession. Some prosecutors are willing to agree to reduced sentencing or charges in exchange for a guilty plea or a probation agreement.
In other words, the result of being caught with cocaine possession in Texas can change drastically with quality legal representation.
How do you beat a drug possession charge in Texas?
Beating a drug possession charge in Texas is a tall order, but it can be done. In order to have your drug charge dropped or dismissed or to have yourself acquitted, you’ll need to hire a trial lawyer who knows how to take difficult criminal cases to court and win them.
Some ways in which a good trial lawyer might beat a drug possession charge include the following:
- Argue illegal search and seizure. If the police obtained evidence and in doing so violated your Fourth Amendment rights, the evidence may be inadmissible in court.
- Argue lack of constructive possession. In some cases, the prosecution may not be able to prove that you were in actual possession of the cocaine.
- Claim lack of intent or knowledge. Ignorance can be bliss, and the less you say, the more plausible your innocence.
- Simple lack of evidence. The prosecution must prove beyond a reasonable doubt that the defendant possessed cocaine. If there is insufficient evidence, they cannot convict you for the crime. Sometimes it’s as simple as that.
Arrested for cocaine possession in Texas? The criminal defense attorneys at Thiessen Law Firm can help.
Fighting charges for cocaine possession in Texas is not impossible. You are still innocent until proven guilty — it’s just that when it comes to cocaine possession in Texas and Texas controlled substance laws, the line between the two can feel incredibly thin.
Whether you need a lawyer for cocaine possession or magic mushrooms in Texas, the Houston drug lawyers at Thiessen Law Firm can help. Building an effective case and/or reaching a favorable agreement takes time, experience, and expertise. Mark Thiessen and his team at Thiessen Law Firm can provide the aggressive defense your case deserves.
Call us today at (713) 864-9000 or contact us online to begin defending your freedom now.
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