September 19, 2012 (Press-News.org) In Nueces County, drug crimes, including simple drug possession, are the number one reason for appearing in court on felony charges. This figure highlights why Texas must revisit its drug possession penalties and help those who are convicted of simple possession get treatment rather than jail time.
Nueces County Drug Crimes
In the past decade, over 10,000 of the 32,000 felony cases in Nueces County -- which borders Mexico -- were for drug crimes. The majority were cocaine-related, totaling 6,790 cases, while methamphetamine offenses accounted for over 1,000 cases. Marijuana and heroin cases each totaled 600.
Some in Nueces County believe the state's drug possession penalties should be changed so addicts can get the help they need and the state's prison system is not overtaxed by scores of inmates doing time for simple drug possession. Some judges recommend treatment as a sentence for simple drug possession, while other critics of the state's drug laws believe drug possession should be decriminalized.
Texas' Drug Crime Penalties
The penalties for possession of drugs are harsh:
- Up to one gram of any drug can mean six months to two years in the state jail and a fine up to $10,000
- One to four grams of any drug will result in two to ten years in prison and up to $10,000 in fines
- Four to 200 grams of any drug carries a fine of $10,000 and two to twenty years in prison
- Two hundred to 400 grams carries a fine of $10,000 and five years to a lifetime in prison
- Four hundred or more grams of any drug -- called "aggravated possession" --carries a fine of $100,000 and ten years to life in prison
Penalties for delivering drugs carry the same penalties, with two exceptions: Delivering 200 to 400 grams of any drug is considered "aggravated delivery" and results in ten years to life in prison and a fine of $100,000. Delivering more than 400 grams of any drug is also aggravated delivery, but carries a fine of $250,000 and 15 years to life in prison.
Texas takes drug crimes seriously and current penalties reflect that attitude. However, some believe that these penalties are too stiff and should be reformed to provide treatment for addicts while reducing state prison populations. A change in the law would also save the state a lot of money. State costs for a supervised treatment program costs less than $2.50 a day, per person as compared to $50 per day to keep one person in a state jail.
Until such time as a change is made, simple possession still means the possibility of serious jail time and fines. If you are accused of a crime, consult with an experienced criminal defense lawyer.
Article provided by Law Office of Ruben Ortiz
Visit us at www.rubenortizlaw.com
Drug Crimes, Including Simple Possession, Top List of Common Felonies
Drug crimes in Texas are the number one reason for appearing in court on felony charges. Some believe drug possession penalties are too high and want to change drug crime laws.
2012-09-19
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[Press-News.org] Drug Crimes, Including Simple Possession, Top List of Common FeloniesDrug crimes in Texas are the number one reason for appearing in court on felony charges. Some believe drug possession penalties are too high and want to change drug crime laws.