Drugs and Texas

We often receive calls from people wanting to know what the penalties are for various drug trafficking allegations by law enforcement. We have listed them below as listed on the DEA website for reference.

Federal Trafficking Penalties from the DEA Website


DRUG/SCHEDULE
QUANTITY
PENALTIES
QUANTITY
PENALTIES

Cocaine (Schedule II) 500 - 4999 gms mixture First Offense:

Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual

Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual


5 kgs or more mixture
First Offense:

Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

2 or More Prior Offenses: Life imprisonment



Cocaine Base (Schedule II) 5-49 gms mixture 50 gms or more mixture
Fentanyl (Schedule II) 40 - 399 gms mixture 400 gms or more mixture
Fentanyl Analogue (Schedule I) 10 - 99 gms mixture 100 gms or more mixture
Heroin (Schedule I) 100 - 999 gms mixture 1 kg or more mixture
LSD (Schedule I) 1 - 9 gms mixture 10 gms or more mixture

Methamphetamine (Schedule II) 5 - 49 gms pure or 50 - 499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP (Schedule II) 10 - 99 gms pure or 100 - 999 gms mixture 100 gm or more pure or 1 kg or more mixture

PENALTIES

Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)
Any amount


First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

Flunitrazepam
(Schedule IV) 1 gm or more
Other Schedule III drugs
Any amount


First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual

Flunitrazepam (Schedule IV) 30 to 999 mgs
All other Schedule IV drugs
Any amount
First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV) Less than 30 mgs
All Schedule V drugs
Any amount
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.


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Federal Trafficking Penalties - Marijuana

DRUG QUANTITY 1st OFFENSE 2nd OFFENSE
Marijuana 1,000 kg or more mixture; or 1,000 or more plants Not less than 10 years, not more than life
If death or serious injury, not less than 20 years, not more than life
Fine not more than $4 million if an individual, $10 million if other than an individual
Not less than 20 years, not more than life
If death or serious injury, mandatory life
Fine not more than $8 million if an individual, $20 million if other than an individual

Marijuana 100 kg to 999 kg mixture; or 100 to 999 plants Not less than 5 years, not more than 40 years
If death or serous injury, not less than 20 years, not more than life
Fine not more than $2 million if an individual, $5 million if other than an individual
Not less than 10 years, not more than life
If death or serious injury, mandatory life
Fine not more than $4 million if an individual, $10 million if other than an individual

Marijuana more than 10 kgs hashish; 50 to 99 kg mixture

more than 1 kg of hashish oil; 50 to 99 plants
Not more than 20 years
If death or serious injury, not less than 20 years, not more than life
Fine $1 million if an individual, $5 million if other than an individual
Not more than 30 years
If death or seroius injury, mandatory life
Fine $2 million if an individual, $10 million if other than individual

Marijuana 1 to 49 plants; less than 50 kg mixture Not more than 5 years
Fine not more than $250,000, $1 million other than individual
Not more than 10 years
Fine $500,000 if an individual, $2 million if other than individual

Hashish 10 kg or less
Hashish Oil 1 kg or less

Tim Stevens, a 53 yearold man, who suffers from cyclical vomitting, was acquitted by an Amarillo jury this week in Texas. Mr. Stevens had less than four grams of marijuana in his possession. The jury found him not guilty based on a medical necessity defense. The U.S. Supreme Court in U.S. v. Oakland Cannabis Buyers Club held that the medical necessity defense did not apply to the Controlled Substance Act (CSA). Marijuana remains a schedule I drug, meaning it is erroneously determined, based on junk science, to be addictive and provide no medical benefits. Despite pot, for now, being a schedule I drug and the CSA, Mr. Stevens was still able to successfully use the medical necessity defense.

Mr. Stevens said he will try Marinol. Marinol is a chemically produced pharmaceutical but, government approved marijuana substitute. Patients who have used this substitute for pot have complained about the side effects and its lack of efficacy. I am sure many New Jersey Senators would disagree with this finding by the patients who actually use cannabis to alleviate their suffering from a milieu of illnesses especially since the good Senator of New Jersey has received over $890 million in donations from pharmaceutical companies over the more recent campaign periods. To be even more specific, over $4 million from pharmaceutical companies was given to the full House Committee on Energy and Commerce republican members alone. For instance, ranking republican member for the Energy and Commerce Committee's sub-committee on Health, Nathan Deal receives on average over $275K from pharmaceutical companies to his campaign as does sub-committee member Mike Ferguson who is averaging over $855K in pharmaceutical company contributions to his campaign (the good Senator from New Jersey), while ex officio member to the sub-committee on Health, Joe Barton is receiving nearly $200K from pharmaceutical companies for his campaign.

These contributions do not include Hospital contributions, nor does it include contributions from Individual Doctors or Insurance Companies.

So much is given to the New Jersey Senator because that is where all the pharmaceutical companies live. But, I digress....

It will be interesting to see where Texas goes with this decision. Let's hope Texas is next in line for a Compassionate Use Act of its own, similar to California's. If Texas could approve medical cannabis it would become the eleventh state to do so. The ten other states to legalize and/or decriminalize the use of medical marijuana are as follows : Hawaii, Maine, Alaska, Arizona, Colorado, California, Nevada, Oregon, Washington, and Maryland. These states have all passed reformation of marijuana laws through ballot initiatives. Texas is not a ballot initiative state and therefore reform must come through the legislature. Call your legislator today! Ask your legislator to seriously consider decriminalizing medical marijuana and tell your legislator about an experience you have had where you have witnessed the benefits of marijuana.