13 Mar 2013
A drug bust last month involved what police say was a major cocaine smuggling operation. They reportedly seized over 150 pounds of cocaine, as well as weapons and more than $1 million in cash, when they arrested 19 suspects at BR Custom Body Works in East Austin. Cocaine-related offenses, like those involving a host of other drugs, can be prosecuted under state or federal law. We thought it would be instructive to point out the particular crimes, and the penalties, that would come into play in a state prosecution in Texas given the facts alleged here.
Drug offenses in Texas are categorized based upon several factors. Those factors include (a) the particular drug, (b) the amount of the drug and (c) the conduct (possession, sale, etc.) alleged by the prosecutor.
Drugs in our state are divided into groups, and Penalty Group 1 is reserved for drugs that are treated the most harshly. They include cocaine, as well as heroin, oxycodone, PCP (phencyclidine), and many others. Once you have identified the group applicable to the particular drug in question, the next issue is what conduct is being charged in relation to the drug. Possession of an illegal drug is treated less harshly than selling a controlled substance. While the penalty in a given case will depend upon a number of factors, possession with intent to deliver cocaine is treated statutorily the same as delivery. And where there is a significant amount of the drug involved, this will generally lead to a charge of possession with intent to deliver. The prosecution is often buttressed by the seizure, as in the East Austin case, of large amounts of cash, weapons and other evidence supporting the claim that the crime was more than mere possession.
Once you have identified the drug (cocaine) and the charge (possession with intent to deliver), the final element is the amount of the substance. Possession with intent to deliver a small amount (under one gram) of a Penalty Group 1 drug is a state jail felony. Possession with intent to deliver 150 pounds, on the other hand, is punishable by imprisonment for a term of between 15 years and life. Just one example of the fact that Texas remains tough on drug crimes.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737