All the fifty states uniformly prohibit the use, sale, possession or trafficking of cocaine. Texas, specifically, have some strict laws about the drug. It is clearly spelled on the law. Failure to adhere to this rule of law results to the administration of heavy penalties. The punishment is dependent on the number of drugs that one is in possession of, in the event of arrest. The following are some of the cocaine offenses depending on the section code and the penalties to be administered.
Possession of cocaine in Texas is by itself a criminal offense, which can’t go unpunished. It is a violation of the Texas Controlled Substances Act. Possession of less than one gram of cocaine is a state jail felony with six months to two years imprisonment. You’ll be subjected to a third-degree felony if you’re found possessing 1-4 grams of cocaine. You will be bound through a second-degree felony if you have more than four grams, but less than 200 grams. 200 grams to 400 grams is equivalent to the first-degree felony and you risk more than ten years imprisonment. If you are lucky, the Texas Department of Justice Institution will release you on a $100,000 bail. However, the defendant must possess the drug knowingly for these rules to remain.
Cocaine sale and trafficking
This is inclusive of delivering of cocaine. To ‘deliver,’ in the Texas law context means, ‘to actually transfer the drug substance or the drug paraphernalia to a second party, regardless of whether or not there exist a relationship between the two.’ It occurs when the one possessing cocaine assists the second party in a constructive manner to possess the drug. These too, are charged depending on the weight of the drug. For less than a gram, the defendant may be subjected to six months to two years imprisonment and $10,000 fine. Delivery of more than 400g may lead one to be life imprisoned and/or a $250,000 fine.
Texas law also captures the manufacturer of the drug in their law definition. Manufacturing is the state of production, preparation, and propagation of the drug to assist a second person in possession of the drug. It also encompasses the packaging and labeling of the drug for ease of identification by the buyer. Manufacturing, like possession and delivery, are also punished according to their weight. Actually, the punishment in this category is a replica of those in possession and delivery. However, the punishment may vary depending on the attorney and other factors. Since production may occur in bulk, the penalties here may also be heavy.
The bottom line
Although the penalties are heavy for the drug dealing activities, there is room for lawyers to intervene through a process of legal assistance.
At times, there shall be enhanced additional or lesser penalties depending on whether the cocaine-related activities were conducted for financial benefit or where the event actually took place. This is where the attorneys come in.
If the law has caught you up, sometimes you’ll be obligated to find solace from the legal lawyers. They will help reduce the heavy impact of the hand of the law. The law provides for a regular visit to a medic who checks your health progress. If you find an attorney who deals with a drug crime, he’ll help you sail through the process as you periodically go for drug tests.