How Much Cocaine is a Felony?
Cocaine is a highly addictive and illegal drug that is considered a Schedule II controlled substance by the United States Drug Enforcement Administration (DEA). Possession and distribution of cocaine can result in severe legal consequences, including felony charges. But how much cocaine is considered a felony?
Federal Cocaine Laws
In the United States, the federal government has strict laws regarding the possession and distribution of cocaine. The Controlled Substances Act (CSA) outlines the penalties for cocaine-related offenses. According to the CSA, the amount of cocaine that constitutes a felony varies depending on the circumstances of the offense.
Possession of Cocaine
For possession of cocaine, the amount that constitutes a felony is as follows:
- Less than 28 grams: A first-time offender can be charged with a misdemeanor and face up to one year in prison and a fine of up to $1,000.
- 28-280 grams: A first-time offender can be charged with a felony and face up to 5 years in prison and a fine of up to $50,000.
- More than 280 grams: A first-time offender can be charged with a felony and face up to 10 years in prison and a fine of up to $100,000.
Distribution of Cocaine
For distribution of cocaine, the amount that constitutes a felony is as follows:
- Less than 5 grams: A first-time offender can be charged with a felony and face up to 5 years in prison and a fine of up to $50,000.
- 5-15 grams: A first-time offender can be charged with a felony and face up to 10 years in prison and a fine of up to $100,000.
- More than 15 grams: A first-time offender can be charged with a felony and face up to 20 years in prison and a fine of up to $200,000.
State Laws
While federal laws provide a general framework for cocaine-related offenses, state laws can vary significantly. Some states have stricter laws regarding possession and distribution of cocaine, while others may have more lenient penalties.
Example of State Laws
- California: Possession of 28.5 grams or less of cocaine is a misdemeanor, while possession of more than 28.5 grams is a felony. Distribution of 5 grams or less of cocaine is a felony, while distribution of more than 5 grams is a more serious felony.
- New York: Possession of 25 grams or less of cocaine is a misdemeanor, while possession of more than 25 grams is a felony. Distribution of 2 grams or less of cocaine is a felony, while distribution of more than 2 grams is a more serious felony.
- Texas: Possession of 4 grams or less of cocaine is a misdemeanor, while possession of more than 4 grams is a felony. Distribution of 1 gram or less of cocaine is a felony, while distribution of more than 1 gram is a more serious felony.
Consequences of a Cocaine Felony
A cocaine felony conviction can have severe consequences, including:
- Prison time: Felony sentences can range from several years to decades in prison.
- Fines: Felony fines can be substantial, with some states imposing fines of up to $200,000 or more.
- Loss of civil rights: Felony convictions can result in the loss of certain civil rights, such as the right to vote or own a firearm.
- Criminal record: A felony conviction can result in a permanent criminal record, which can make it difficult to find employment, housing, or education.
Conclusion
In conclusion, the amount of cocaine that constitutes a felony varies depending on the circumstances of the offense. While federal laws provide a general framework for cocaine-related offenses, state laws can vary significantly. It is important to understand the laws in your state and the potential consequences of a cocaine felony conviction. If you or someone you know is facing cocaine-related charges, it is important to seek the advice of an experienced criminal defense attorney.
