Cocaine Possession: Penalties & Punishment

Attorney Jack B. Carroll will fight for your freedom if you’ve been accused and charged with cocaine possession by law enforcement. The State of Texas is well known for its harsh penalties when it comes to the punishment of drug offenders in Harris County. Drug laws are extremely unforgiving in Texas, and with cocaine being considered a dangerous drug it makes matters worse for the defendant facing criminal charges.

As far as finding experienced criminal defense attorneys in Houston for cocaine related cases are concerned, Jack B. Carroll has had success defending citizens who have been charged with cocaine possession. One example is the case of the Marine Corps veteran caught with a weapon and over 9 ounces of cocaine in his possession.

Another case which demonstrates Jack B. Carroll as being one of the best criminal defense lawyers in Houston for cocaine cases was a federal case with criminal charges relating to the possession of over 145 Kilos of Cocaine which resulted in a not guilty verdict.


Call Me If You’ve Been Arrested For Cocaine Possession

Houston criminal defense lawyer Jack B. Carroll

713-228-4607

Brazoria County · Chambers County · Ft. Bend County · Galveston County

Harris County · Liberty County · Montgomery County · San Jacinto County · Waller County

Board Certified By The Texas Board of Legal Specialization


Penalties For Cocaine Possession

Criminal penalties and punishment for cocaine possession in the State of Texas are high because of the drug’s extreme capacity for abusive use, addictiveness, and because of how dangerous the drug is. Therefore, cocaine holds a classification as a dangerous controlled substance in the State of Texas.

In the State of Texas, punishment for cocaine possession is directly related to the amount of the drug in your possession at the time of arrest.

Amount of Cocaine Offense Classification Penalty, Punishment, Fines
Less than 1 Gram State Jail Felony Up to 2 years in prison – $10,000 Fine
1 Gram- 3.99 Grams Third Degree Felony 2-10 yrs. in prison – $10,000 Fine
4- 199 Grams Second Degree Felony 2- 20 yrs. in prison – $10,000 Fine
200- 399 Grams First Degree Felony 5- 99 yrs. in prison – $10,000 Fine
400 Grams + Enhanced 1st Degree Felony 10- 99 yrs. in prison – $100,000 Fine

Federal Cocaine Trafficking  Penalty Chart

(Source)

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)

Schedule Substance/Quantity Penalty Substance/Quantity Penalty

II

Cocaine
500-4999 grams mixture
First Offense: Not less than 5 yrs. and not more than 40 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.

Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment.  Fine of not more than $8 million if an individual, $50 million if not an individual.

Cocaine
5 kilograms or more mixture
First Offense: Not less than 10 yrs. and not more than life.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine of not more than $10 million if an individual, $50 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life.  If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

2 or More Prior Offenses: Life imprisonment.  Fine of not more than $20 million if an individual, $75 million if not an individual.

II

Cocaine Base
28-279 grams mixture
Cocaine Base
280 grams or more mixture

IV

Fentanyl
40-399 grams mixture
Fentanyl
400 grams or more mixture

I

Fentanyl Analogue
10-99 grams mixture
Fentanyl Analogue
100 grams or more mixture

I

Heroin
100-999 grams mixture
Heroin
1 kilogram or more mixture

I

LSD
1-9 grams mixture
LSD
10 grams or more mixture

II

Methamphetamine
5-49 grams pure or
50-499 grams mixture
Methamphetamine
50 grams or more pure
or 500 grams or more mixture

II

PCP
10-99 grams pure or
100-999 grams mixture
PCP
100 grams or more pure
or 1 kilogram or more mixture
Substance/Quantity Penalty
Any Amount Of Other Schedule I & II Substances First Offense: Not more than 20 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than Life.  Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs.  If death or serious bodily injury, life imprisonment.  Fine $2 million if an individual, $10 million if not an individual.

Any Drug Product Containing Gamma Hydroxybutyric Acid
Flunitrazepam (Schedule IV)
1 Gram
Any Amount Of Other Schedule III Drugs First Offense: Not more than 10 yrs.  If death or serious bodily injury, not more that 15 yrs.  Fine not more than $500,000 if an individual, $2.5 million if not an individual.

Second Offense: Not more than 20 yrs.  If death or serious injury, not more than 30 yrs.  Fine not more than $1 million if an individual, $5 million if not an individual.

Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam) First Offense: Not more than 5 yrs.  Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 10 yrs.  Fine not more than $500,000 if an individual, $2 million if other than an individual.

Any Amount Of All Schedule V Drugs First Offense: Not more than 1 yr.  Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 4 yrs.  Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances

Marijuana
1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.

Second Offense: Not less than 20 yrs. or more than life.  If death or serious bodily injury, life imprisonment.  Fine not more than $20 million if an individual, $75 million if other than an individual.

Marijuana
100 to 999 kilograms marijuana mixture or 100 to 999 marijuana  plants
First Offense: Not less than 5 yrs. or more than 40 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine not more than $5 million if an individual, $25 million if other than an individual.

Second Offense: Not less than 10 yrs. or more than life.  If death or serious bodily injury, life imprisonment.  Fine not more than $8 million if an individual, $50million if other than an individual.

Marijuana
50 to 99 kilograms marijuana mixture,
50 to 99 marijuana plants
First Offense: Not more than 20 yrs.  If death or serious bodily injury, not less than 20 yrs. or more than life.  Fine $1 million if an individual, $5 million if other than an individual.

Second Offense: Not more than 30 yrs.  If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.

Hashish
More than 10 kilograms
Hashish Oil
More than 1 kilogram
Marijuana
less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of  weight)1 to 49 marijuana plants
First Offense: Not more than 5 yrs.  Fine not more than $250,000, $1 million if other than an individual.

Second Offense: Not more than 10 yrs.  Fine $500,000 if an individual, $2 million if other than individual.

Hashish
10 kilograms or less
Hashish Oil
1 kilogram or less

Some Houston, TX Drug Courts Can Help Prevent Jail Time

The State of Texas does offer drug courts as a way for persons convicted of drug possession to avoid jail time. The main focus of a drug court is to rehabilitate the offender rather than imprison them. Not all counties offer drug courts, but they are becoming more and more available as a new way of addressing criminal drug offenses in the court of law.

Call Houston criminal defense attorney Jack B. Carroll as soon as possible if you have been arrested for cocaine possession in the Houston area, or charged with a federal offense related to cocaine trafficking. Call Jack at 713-228-4607 to set up a free case evaluation to review possible legal defenses for your case.

Houston Criminal Attorney – Cocaine Possession Penalties