What Is The Penalty For Drug Possession?
– BH, Texas
Answer:
The penalty for drug possession depends on the quantity and type of drug. Possession of less than a gram of most drugs, such as heroin and cocaine, is a state jail punishable by 180 days to two years in the state jail. State jail time is day for day and there is no parole.
If the person charged has no prior felony convictions, then that person must receive probation if convicted. Possession of a small amount of marijuana is a misdemeanor. Possession of 1 to 4 grams of cocaine or heroin is a third degree felony punishable by two to ten years in prison.
These penalties may be increased if the drugs were possessed close to a school. They may also be increased if the person has prior convictions. Most first or even second time offenders will be offered probation.
A full list of illegal substances can be found in the Health and Safety Code. Enhancements based on prior convictions can be found in section 12 of the Penal Code. Given the variety of drugs and factors involved in determining punishment ranges, it is important to have an experienced attorney.
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