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. And 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. And 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. And 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.