The State of Texas levels stiff penalties for the possession of schedule I narcotics. Possession with the intent to sell these narcotics necessitates prosecutorial proceedings, yet situational circumstance can become a factor. Depending upon the type of drug, the amount in possession, and its form of packaging will determine the outcome; those who are convicted will spend time in a state county lockup facility or a Texas Dept. of Criminal Justice institution. Sentencing of two years or less will constitute a stint in county jail, whereas longer sentencing periods of two or more years will constitute confinement in a state prison. The most commonly dealt drugs in Texas include marijuana, cocaine, and heroin.
Marijuana
The sale of ¼ oz. or less of marijuana is a Class A misdemeanor, warranting one year in jail and a $4000 fine. From ¼ oz. and up to 5 lbs. is considered a third degree felony, punishable by 180 days to two years in jail and a $10,000 fine. Distribution of 5 and up to 50 lbs. is a second degree felony while sentencing can be as long as 20 years in a state prison. Convictions upwards of 50 lbs. are classified as first degree felonies and the possibility of spending life in a state or federal prison increases.
Cocaine
Attempting to sell 1 gram or less of cocaine in Texas is a state jail felony; if convicted, offenders will spend up to 2 years in jail and a fine of no more than $10,000. Possession with the intent to sell between 1 and 4 grams is a second degree felony, warranting up to 20 years in state prison and a fine of $10,000. Intent to sell 4 to 200 grams transitions into a first degree felony and a prison sentence of 5 to 99 years, plus a $10,000 fine. The sale of more than 200 grams but less than 400 grams is also a first degree felony, yet the fine increases to $100,000 and the sentence requires a minimum of 10 years to life. Beyond 400 grams enhances the felony, and the fine increases to $250,000, along with a life sentence in prison.
Heroin
Convictions for the sale of heroin are also measured in grams. Much like cocaine, being convicted for possessing heroin with the intent to distribute imposes heavy fines and spending time in jail or prison. Possession with the intent to sell 1gram or less is a state jail felony; 1 to 4 grams-5 to 20 years and a $10,000 fine. Anywhere from 4 to 200 grams renders a punishable sentence of 5 to 99 years and $10,000 in fines. Intent to distribute 200-400 grams equates to a first degree felony and $100,000 in restitution fees. Once again, possessing and intending to sell more than 400 grams can result in a $250,000 fine and life behind bars.
James G. Sullivan
