How Much Cocaine is a Felony in Texas?
Texas has some of the strictest drug laws in the country, and cocaine is no exception. Possessing, distributing, or manufacturing cocaine can lead to severe penalties, including fines and imprisonment. But just how much cocaine is a felony in Texas? Let’s dive into the details.
The Basics: Cocaine Possession and Penalties
In Texas, cocaine is considered a Schedule II controlled substance, meaning it has a high potential for abuse and limited medical use. Possessing cocaine, regardless of the amount, is a criminal offense. The penalties for possession depend on the amount and the individual’s criminal history.
- Less than 1 gram: A state jail felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000.
- 1-4 grams: A third-degree felony, punishable by 2-10 years in prison and a fine of up to $10,000.
- 4-28 grams: A second-degree felony, punishable by 2-20 years in prison and a fine of up to $10,000.
- 28 grams or more: A first-degree felony, punishable by 5-99 years in prison and a fine of up to $10,000.
The Consequences of Cocaine Distribution
Distributing or manufacturing cocaine is a more serious offense than possession, and the penalties are stiffer. The amount of cocaine involved determines the severity of the charges.
- Less than 1 gram: A state jail felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000.
- 1-4 grams: A third-degree felony, punishable by 2-10 years in prison and a fine of up to $10,000.
- 4-28 grams: A second-degree felony, punishable by 2-20 years in prison and a fine of up to $10,000.
- 28 grams or more: A first-degree felony, punishable by 5-99 years in prison and a fine of up to $10,000.
Enhanced Penalties for Certain Offenses
Certain circumstances can enhance the penalties for cocaine-related offenses. These include:
- Trafficking: Selling or distributing cocaine in a quantity that exceeds 1 kilogram (2.2 pounds) can result in a life sentence or even the death penalty.
- Drug-Free Zones: Possessing or distributing cocaine within 1,000 feet of a school, church, or other protected area can result in enhanced penalties.
- Prior Convictions: Individuals with prior drug convictions can face longer sentences and harsher penalties.
Alternative Sentencing Options
While the penalties for cocaine-related offenses are severe, alternative sentencing options are available in some cases. These include:
- Drug Court: A specialized court program that provides treatment and counseling to individuals struggling with addiction.
- Deferred Adjudication: A process that allows individuals to avoid a conviction if they complete a treatment program and comply with court-ordered conditions.
- Community Supervision: A type of probation that allows individuals to serve their sentence in the community rather than in prison.
Conclusion
Cocaine is a highly addictive and dangerous drug that can have severe consequences for individuals and communities. In Texas, possessing, distributing, or manufacturing cocaine can lead to severe penalties, including fines and imprisonment. Understanding the laws and penalties surrounding cocaine can help individuals make informed decisions and seek help if they are struggling with addiction.
