Texas is serious about cocaine possession and cocaine-related offenses. The state bases its penalties for cocaine-related offenses on the amount of cocaine in the defendant’s possession, the location of the crime, and other relevant factors.
The following is an overview of cocaine possession and cocaine crimes in Texas. If you have specific questions about any information presented, contact an experienced San Antonio drug crimes attorney.
What is Cocaine Possession?
It is illegal to possess any amount of cocaine in Texas. Possession of cocaine means to have actual care, custody, control, or management of the drug. To be convicted of cocaine possession, the defendant must knowingly or intentionally possess the drug.
Punishment for Cocaine Possession in Texas
Punishment for cocaine possession in Texas depends on the amount of cocaine the defendant has in their possession. Possession of less than one gram of cocaine is a state jail felony with a range of punishment from six months to two years in prison.
For some defendants, a deferred sentence or probation are options for state jail cocaine possession. First-time felony defendants are eligible for probation in state jail cocaine possession cases.
Possession of between one gram and four grams is a third-degree felony. Any amount from four grams to two hundred grams is a second-degree felony, and two hundred to four hundred grams is a first-degree felony.
A defendant possessing more than four-hundred grams of cocaine may be punished by ten to ninety-nine years in prison and/or $100,000 in fines.
Delivery of Cocaine in Texas
Delivery of a controlled substance in Texas refers to the transfer, actually or constructively, to another, a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The delivery may be in person, meaning hand to hand, or by some constructive means, like using a drop-off point.
Punishment for Cocaine Delivery in Texas
Cocaine delivery is punished according to the weight of the cocaine being delivered. Anything less than one gram carries six months to two years in jail and up to $10,000 in fines. For more than four hundred grams of cocaine, the defendant is punishable by up to life in prison or between fifteen and ninety-nine years and/or a $250,000 fine.
Manufacture of Cocaine in Texas
Manufacturing cocaine in Texas includes the production, preparation, propagation, compounding, conversion, processing, creating, packaging, or labeling of a package of cocaine. Whereas making cocaine can refer either to creating cocaine from natural or chemical means.
Punishment for Manufacture of Cocaine in Texas
Manufacturing offenses are punished according to the weight of the cocaine. The punishment for the manufacture of cocaine in Texas is the same as for cocaine delivery.
Penalties may be enhanced when cocaine-related activity takes place on school property, leased or owned by higher education centers, within 1,000 feet of school property, or on a school bus.
Contact an Experienced Attorney Today
If you or someone you know is facing cocaine-related charges in Texas, it is imperative you contact an experienced San Antonio criminal defense attorney like those at Hoelscher Gebbia Cepeda, PLLC. Our attorneys are skilled in defense strategies, including unlawful searches and seizures, constitutional violations, and more.
Hoelscher Gebbia Cepeda, PLLC, can answer any questions you have about the criminal process and the potential outcomes of your case.