The state of Texas has strict laws in place concerning the possession, sale and use of recreational drugs. If you’re accused of a drug crime of any kind, our Houston lawyers are here to help. Contact the Sparks Law Firm today for a free case evaluation.
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As your legal team, we leave no stone unturned, no detail overlooked, and no challenge unmet. When the stakes are high, and the odds seem insurmountable, turn to our Harris County criminal defense lawyers for guidance. Our skill is your shield.
Marijuana Crimes in Texas
Penalties for Possession of Marijuana in Texas
Despite the national shift toward marijuana decriminalization or legalization, Texas maintains stringent laws concerning cannabis. For a substance that’s seen more lenient treatment in many other states, the consequences of possession in Texas can be unexpectedly severe.
- Possession of two ounces or less: Misdemeanor charge, which could lead to a fine of up to $2,000 and/or jail time of up to 180 days.
- Possession of two to four ounces: A higher-level misdemeanor, with potential penalties including a $4,000 fine and up to one year in jail.
- Possession of four ounces to five pounds: A felony, which can warrant anywhere between 180 days and two years of incarceration, as well as a potential $10,000 fine.
- Possession of five to 50 pounds: A felony, which can warrant anywhere between two and 10 years of incarceration, as well as a potential $10,000 fine.
- Possession of 50 to 2,000 pounds: A felony, which can warrant anywhere between two and 20 years of incarceration, as well as a potential $10,000 fine.
- Possession of more than 2,000 pounds: A felony, which can warrant anywhere between five and 99 years of incarceration, as well as a potential $50,000 fine.
Penalties for Intent to Distribute Marijuana in Texas
The intent to distribute marijuana, inferred through circumstances like possession of large quantities or accompanying paraphernalia, carries heavier penalties than mere possession.
- Distributing seven grams or less (without remuneration): Misdemeanor charge, which can warrant up to one year of incarceration and a potential $4,000 fine.
- Distributing seven grams to five pounds: State jail felony, punishable by 180 days to 2 years in state jail and/or a fine up to $10,000.
- Distributing between five and 50 pounds: A felony, which can warrant between two and 20 years of incarceration, as well as a potential $10,000 fine.
- Distributing between 50 and 2,000 pounds: A felony, which can warrant anywhere between five and 99 years of incarceration, as well as a potential $10,000 fine.
- Distributing more than 2,000 pounds: A felony, which can warrant anywhere between 10 and 99 years of incarceration and a $100,000 fine.
- Distributing marijuana to a minor: A felony, which can warrant between two and 20 years of incarceration, as well as a potential $10,000 fine.
Cocaine Crimes in Texas
Cocaine Possession Penalties
If you’re caught in possession of cocaine in Texas, you’ll likely face the following penalties:
- Less than 1 gram: State Jail Felony, which can warrant 180 days to two years in a state jail and/or a fine of up to $10,000
- 1 gram to less than 4 grams: 3rd Degree Felony, which can warrant two to 10 years in a state prison and/or a fine of up to $10,000
- 4 grams to less than 200 grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 400 grams or more: Enhanced 1st Degree Felony, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
Penalties for Intent to Distribute/Deliver Cocaine in Texas
For the intent to sell or distribute cocaine, you’ll likely face the following consequences:
- Less than one gram: State Jail Felony, which can warrant between 180 days to two years in a state jail and/or a fine of up to $10,000
- One gram to less than four grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- Four grams to less than 200 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: Enhanced Penalty/Offense level, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
- 400 grams or more: Enhanced Penalty/Offense level, which can warrant 15 to 99 years (or life) in a state prison and a fine of up to $250,000
Heroin Crimes in Texas
Heroin Possession Penalties
The penalties for heroin possession charges in Texas are as follows:
- Less than 1 gram: State Jail Felony, which can warrant 180 days to two years in a state jail and/or a fine of up to $10,000
- 1 gram to less than 4 grams: 3rd Degree Felony, which can warrant two to 10 years in a state prison and/or a fine of up to $10,000
- 4 grams to less than 200 grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 400 grams or more: Enhanced 1st Degree Felony, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
Penalties for Intent to Distribute/Deliver Heroin in Texas
The penalties for selling/distributing heroin in Texas are as follows:
- Less than one gram: State Jail Felony, which can warrant between 180 days to two years in a state jail and/or a fine of up to $10,000
- One gram to less than four grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- Four grams to less than 200 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: Enhanced Penalty/Offense level, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
- 400 grams or more: Enhanced Penalty/Offense level, which can warrant 15 to 99 years (or life) in a state prison and a fine of up to $250,000
Methamphetamine Crimes in Texas
Methamphetamine Possession Penalties
The potential penalties for methamphetamine possession charges in Texas include:
- Less than 1 gram: State Jail Felony, which can warrant 180 days to two years in a state jail and/or a fine of up to $10,000
- 1 gram to less than 4 grams: 3rd Degree Felony, which can warrant two to 10 years in a state prison and/or a fine of up to $10,000
- 4 grams to less than 200 grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 400 grams or more: Enhanced 1st Degree Felony, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
Penalties for Intent to Distribute/Deliver Heroin in Texas
For the intent to distribute or deliver methamphetamine, you’ll likely face the following charges:
- Less than one gram: State Jail Felony, which can warrant between 180 days to two years in a state jail and/or a fine of up to $10,000
- One gram to less than four grams: 2nd Degree Felony, which can warrant two to 20 years in a state prison and/or a fine of up to $10,000
- Four grams to less than 200 grams: 1st Degree Felony, which can warrant five to 99 years (or life) in a state prison and/or a fine of up to $10,000
- 200 grams to less than 400 grams: Enhanced Penalty/Offense level, which can warrant 10 to 99 years (or life) in a state prison and a fine of up to $100,000
- 400 grams or more: Enhanced Penalty/Offense level, which can warrant 15 to 99 years (or life) in a state prison and a fine of up to $250,000
All of the aforementioned charges can have a profound, negative impact on a person’s life. If you’re accused of a drug crime of any kind, you need a seasoned team of lawyers who can effectively fight for your future.
Contact Our Harris County Drug Crime Lawyers Today
While the penalties outlined above are a basic guide, it’s essential to remember that actual consequences can vary based on specifics like prior convictions, circumstances of the arrest, and the presence of other criminal activities. Texas is known for its tough stance on drug crimes, and anyone facing charges should seek competent legal counsel. Fortunately, if you’re reading this, you are in the right place. Contact the Houston drug crime lawyers here at the Sparks Law Firm for effective legal representation today.
