Austin, Texas: Home to one of the nation’s most significant cocaine distribution centers. Location and proximity to Mexico have made Austin a key distributor in cocaine market areas across the United States. As a result, State and Federal prosecutors, investigators, and agents have their kept a close of watch of Austin. With over 5o years of cocaine defense experience, our Austin Cocaine Lawyers know what it takes to defend both Federal and State cocaine charges.
Texas Definition for Cocaine Possession
Texas drug law identifies cocaine as a controlled substance under Penalty Group 1. See Texas Health & Safety Code 481.102. Possession of a controlled substance in Texas means “actual care, custody, control, or management.” In order to unlawfully possess cocaine in Texas the prosecution must prove beyond a reasonable doubt that 1) exercised control, management, or care over the substance; and 2) knew the substance was a drug. In other words, your connection with the drug must be more than an accident.
Punishment Range for Unlawful Possession of Cocaine
The punishment range for unlawful possession of cocaine under Texas law varies depending on the weight. The punishment can be as low as a state jail felony to as high as a first-degree felony.
|Penalty Group||Weight||Punishment||Punishment Range|
|< 1 gram
|State Jail Felony||180 days – 2 years; up to $10,000 fine|
|1 – 4 grams||3rd Degree Felony||2 – 10 years/$10,000|
|4 – 200 grams||2nd Degree Felony||2 – 20 years/$10,000|
|200 – 400 grams||1st Degree Felony||5 – 99 years/$10,000|
|> 400 grams||Enhanced 1st Degree||10 – 99 years/$100,000|
Delivery or Manufacturing of Cocaine in Texas
Texas Health & Safety Code 481.112 makes it an offense if a person knowingly manufactures, delivers, or possesses with intent to deliver cocaine. The punishment range for delivery or manufacturing cocaine is greater than mere possession.
Delivery or Manufacturing Cocaine
|<1 gram||State Jail Felony||180 – 2 years; up to a $10,000 fine|
|1 – 4 grams||2nd Degree Felony||2 – 20 years; up to a $10,000 fine|
|4 – 200 grams||1st Degree Felony||5 – 99 years; up to a $10,000 fine|
|200 – 400 grams||Enhanced 1st Degree Felony||10 – 99 years; up to a $100,000 fine|
|>400 grams||Enhanced 1st Degree Felony||15 – 99 years; up to a $250,000 fine|
Federal Cocaine Possession and Distribution
Federal law governs the possession and distribution of cocaine under the Controlled Substances Act. Under Section 844, it is a federal offense to “intentionally or knowingly possess a controlled substance.” Cocaine is considered a Schedule II controlled substance by the federal government, and possessing or distributing cocaine can come with heavy penalties.
Contact Our Austin Cocaine Lawyers
If you have been arrested for a state or federal possession, delivery, manufacturing or distribution of cocaine, it’s essential to talk with a respected Austin cocaine lawyer about your case. While Texas laws concerning cocaine possession, delivery, and manufacturing are complicated, many defenses exist for these crimes. Each case is different, and it’s important to have an Austin cocaine possession attorney examine your case. Contact the nationally recognized drug defense firm of Adamo and Adamo today!