Texas has a reputation for being hard on criminal offenders, including those charged with drug crimes. There is no question that the reputation is well-deserved. Texas tends to treat crime seriously and often imposes stiff sentences, including for drug crimes. However, Texas’ approach to drug crimes, particularly minor drug crimes, is changing. While fairly stiff sentences for crimes such as simple possession remain possible, the state seems to be leaning toward an approach that involves more treatment and less jail time. That does not mean you should expect to walk away from simple possession charges, however. Stiff sentences are still possible.
Simple Drug Possession Can be a Misdemeanor or a Felony
Even though Texas recently has begun to take a less punishment-oriented approach to some drug crimes, punishment is by no means out of the picture. Texas has increased the emphasis on treatment and rehabilitation for some drug crimes. The state has dramatically increased the number of drug courts statewide, going from seven drug courts in 2000 to 136 in 2014. These drug courts only hear cases involving drug-addicted offenders, with a sentencing emphasis on helping offenders end their drug dependency through close court supervision of mandatory treatment programs. These programs are designed to get offenders off of drugs, but also help offenders address the causes of their substance abuse problems.
These courts are designed for specific purposes and specific cases, though. Many arrests for simple drug possession will not find their way to drug court, which are intended to deal with drug-addicted offenders. Marijuana possession offenders are unlikely to qualify and so will face the regular adjudication and sentencing. That might not be good news for marijuana offenders, who make up 60% of all people arrested for drug offenses in Texas each year. Sentences for possession of even fairly small amounts of marijuana can get steep.
For instance, possessing less than two ounces of marijuana is a Class B misdemeanor, possessing two to four ounces is a Class A misdemeanor, and possessing anywhere from four ounces to five pounds is a state jail felony. What does that mean? It probably means the party is over:
- Class A misdemeanors are punishable by up to a year in jail, a fine of no more than $4,000, or both
- A Class B misdemeanor can be punished by up to six months in jail, a fine of up to $2,000, or both
- A state jail felony is punishable by a jail sentence of no less than 180 days nor more than two years, a fine of $10,000, or both
Suddenly, Texas looks just about as tough on drug crimes as its reputation. While maximum sentences might be unlikely for a first offense, they are allowed. The possibility cannot be ignored.
If You are Charged With Simple Drug Possession in Houston, Talk to Madrid Law Firm
Simple drug possession charges still can be a serious legal problem for you, leaving you facing months in jail and serious fines. You need a criminal defense lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you are facing simple drug possession charges, talk to the Madrid Law Firm.
