Need a Drug Defense Attorney?
Find a drug defense attorney near you:
Created by FindLaw's team of legal writers and editors | Last reviewed August 14, 2020
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
The possession, sale, and trafficking of cocaine is illegal in all fifty states, as well as under federal law. In Texas, the penalties for the possession and sale of cocaine are dependent on the amount of drugs at issue. Penalties generally include some amount of jail time, as well as monetary fines. For example, the possession of even a small amount of cocaine (less than 1 gram) is charged as a felony, and offenders may be sentenced to as many as two years in state prison. The possession of more than 200 grams of cocaine can land you in prison for up to 99 years. Note that some counties in Texas offer diversion programs for first-time cocaine offenders in exchange for having charges dropped.
The table below outlines some of the main provisions of Texas cocaine laws. See FindLaw's Drug Charges section for more information.
Code Section |
Health & Safety § 481.001, et seq. |
Possession |
Less than 1 g.: state jail felony; 1-4 g.: 3rd degree felony; 4-200 g.: 2nd degree felony; 200-400 g.: 1st degree felony; 400 g. and over: 10-99 yrs. or life at Texas Dept. of Criminal Justice institution and/or $100,000 |
Sale |
Less than 1 g.: state jail felony; 1-4 g.: 2nd degree felony; 4-200 g.: 1st degree felony; 200-400 g.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100,000; 400 g. and over: Texas Dept. of Criminal Justice institution for life or 15-99 yrs. and/or $250,000; Delivery to minor under 17 who is enrolled in school: 2nd degree felony; Within drug-free zone: penalties doubled |
Trafficking |
- |
Note: State laws are constantly changing -- contact a Texas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Texas drug laws are relatively strict, particularly for cocaine. If you've been charged with simple possession, you may be able to reduce your sentence by undergoing treatment and submitting to periodic drug testing. The best way to defend against drug charges is to work with a local drug crime attorney who will be well-versed in Texas cocaine laws and explain how they apply to your case.
Contact a qualified attorney.
Find a drug defense attorney near you:
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.