Gale Law Group
711 N Carancahua St Suite 514
Corpus Christi, TX 78401
361.808.4444

Drug Cases

Drug cases are taken very seriously. Not only do prosecutors have to prove to the public that they’re tough on these types of cases, but police departments are willing to spend a great deal of time and money to lock offenders up. That’s why you need to hire a qualified attorney that will fight for you and your rights. It will make a difference between getting the charges dismissed and getting sent to jail. There may even be evidence against you that can be withheld.

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Types of Drug Charges in the State of Texas

There are many types of offenses that are listed under the Texas Controlled Substances Act, which can be broken down into several different categories. Not only does this act establish the requirements for the manufacturing and distribution of drugs, but it also lists the penalties for violating them. The punishment for drug crimes in the State of Texas can be severe, but it can depend on the nature and quantity of the drug.

You can be charged with a misdemeanor or felony if you have been caught in possession of an illegal drug, and it will depend on the type that was in your possession as well its weight and amount. The penalty can be anywhere from 180 days to 99 years in jail, which can also include fines. You can even be subject to the seizure of property, the suspension of your license, and other penalties that the judge may feel is appropriate.

If an officer has found you in possession of an item that can be used for the procession, packaging, or consumption of a drug, you can be charged with the possession of drug paraphernalia in the State of Texas. This is considered to be a Class C misdemeanor, which can result in a fine of up to $500. But if they can prove that you had the intention of distributing or selling the substance, it’s seen as a Class A misdemeanor.

Marijuana possession in the State of Texas is seen as a misdemeanor charge, unless you’re caught with a large amount. If you’re caught with any cannabis sativa plant, you’ll be charged with marijuana possession. This includes any seeds that haven’t been planted, any portion of it that has been prepared (such as a joint), or any package that contains dried marijuana buds. The penalty for possession of this substance can vary, but it will be no more than 180 days to 99 years in jail. You could also be forced to pay a fine, have your license suspended, or be subject to other penalties that the judge feels is appropriate.

Marijuana Penalties

People’s attitudes toward marijuana use have been changing quite a bit in the last several years, but Texas has decided to follow its own path. Many of its neighboring states have allowed for the medicinal use of marijuana, have de-criminalized what were once petty offenses, and have even legalized its recreational use. Texas, on the other hand, has severe penalties for marijuana use, but it did pass a law that allows for the limited use of low-THC and high-CBD cannabis oils.

In the State of Texas, even the possession of a small amount of marijuana will put you in jail. Even if you have less than two ounces in your possession, it will result in 180 days of jail time and fine of up to $2,000. But if you have concentrates (such as hash oil), you can face a felony charge and up to two years in a state prison.

The following classifications for marijuana possession include:

  • Class B Misdemeanor (under 2 ounces).
  • Class A Misdemeanor (2-4 ounces).
  • State Jail Felony (4 ounces to 5 pounds).
  • 3rd Degree Felony (5-50 pounds).
  • 2nd Degree Felony (50-2,000 pounds).
  • Texas Department of Criminal Justice institution for life or 5-99 years and a $50,000 fine (over 2,000 pounds).

The following classifications for the distribution of marijuana include:

  • Class B Misdemeanor (.25 ounces or less).
  • Class A Misdemeanor with renumeration (.25 ounces or less).
  • State Jail Felony (.25 ounces to 5 pounds).
  • 2nd Degree Felony (50-2000 pounds).
  • 1st Degree Felony (over 2,000 pounds).
  • Texas Department Criminal Justice institution for life or 10-99 years and/or a fine of $100,000 (over 2,000 pounds).

Distributing over .25 ounces of marijuana to a minor who is under 17 and is in school is considered to be a 2nd degree felony.  If it’s inside a drug-free zone, the penalties are doubled. Be sure to speak to someone at Gale Law Group for more information.

Cocaine Penalties

The possession and distribution of cocaine is illegal in all fifty states, and there are even federal laws against it. In the State of Texas, the penalties for possessing and distributing cocaine will depend on the amount, but it will usually include some time in jail along with some monetary fines. Even the smallest amount (less than 1 gram) will result in a felony charge, which can lead to as much as two years in a state prison. But having more than 200 grams of cocaine can result in a prison sentence of up to 99 years.

The classifications for cocaine possession include:

  • State Jail Felony (less than 1 gram).
  • 3rd Degree Felony (2-4 grams).
  • 2nd Degree Felony (4-200 grams).
  • 1st Degree Felony (200-400 grams).
  • Texas Department of Criminal Justice institution for 10-99 years or life and/or a fine of $100,000 (400 grams and over).

The charges for cocaine distribution have the following classifications:

  • State Jail Felony (less than 1 gram).
  • 2nd Degree Felony (1-4 grams).
  • 1st Degree Felony (4-200 grams).
  • Texas Department of Criminal Justice institution for life or 10-99 years and/or a fine of $100,000 (200-400 grams).
  • Texas Department of Criminal Justice institution for life or 15-99 years and/or a fine of $250,000 (400 grams and over).

If you sell cocaine to a minor who is under 17 and is in school, it’s considered to be a 2nd Degree Felony. If it’s in a drug-free zone, the penalties are doubled. Be sure to speak to someone at Gale Law Group for more information.

Heroin Penalties

Texas takes a strong stance on hard drugs, including heroin and many other powerful narcotics. Having even a small amount in your possession (less than one gram) can lead to felony charge. If you had the intention of selling it, you could get a life sentence. Some court districts (but not all) have drug diversion programs for first-time offenders, which can replace a prison sentence.

Drug charges for non-violent offenders (including heroin possession) are evaluated by the courts.  If it gets approved, they can get more extensive monitoring (such drug testing, visits by officials, and even regular treatment sessions) for a period lasting for 12-18 months. The case will be either dropped (if it’s a pretrial program), or the offender will be put on probation.

The classifications for heroin possession are as follows:

  • State Jail Felony (less than 1 gram).
  • 3rd Degree Felony (1-4 grams).
  • 2nd Degree Felony (4-200 grams).
  • 1st Degree Felony (200-400 grams).
  • 10-99 years or life in a Texas Department of Criminal Justice institution and/or a fine of $100,000 (400 grams and over).

Heroin distribution charges can be classified as follows:

  • State Jail Felony (less than 1 gram).
  • 2nd Degree Felony (1-4 grams).
  • 1st Degree Felony (4-200 grams).
  • Texas Department of Criminal Justice institution for life or 10-99 years and/or a fine of $100,000 (200-400 grams).
  • Texas Department of Criminal Justice institution for life or 15-99 years and/or a fine of $250,000 (400 grams and over).

Distributing heroin to a minor who is under 17 and in school will be seen as a 2nd Degree Felony. If it’s in a drug-free zone, the penalties are even stricter. Be sure to speak to someone at Gale Law Group for more information.

Qualified Attorneys for Defending Drug Cases in the Coastal Bend!

If you have been charged with possession of marijuana or any other controlled substance, the penalties can be severe. That’s why you should never go it alone. A qualified attorney will be more aware of any possible defenses that could work in your favor, and the Gale Law Group has an expert team that can help you.

For more information about how we can help you, get in touch with us today!