How the Amount of Drugs Influences Charges and Sentencing

 Posted on April 25, 2025 in Sentencing

A woman recently arrested with almost 1,300 pounds of cocaine was given a $750,000 bond. The Beaumont woman has been charged with first-degree felony drug possession after being stopped on I-10 for a traffic stop. The cocaine was being transported in a white, 15-passenger van towing a U-Haul trailer. When the police saw the driver commit a traffic violation, the woman was pulled over, and a K-9 was deployed, alerting the police officer to the presence of narcotics.

When the U-Haul trailer was searched, the police found 12 large containers filled with cocaine. The street value of the cocaine is estimated to be about $17.3 million, or $13,584 per pound. The woman was transported to the Jefferson County Jail, where she was charged with Possession of a Controlled Substance of more than 400 grams. If the woman is able to pay the bond, she will be forced to wear a GPS monitor and remain in Jefferson, Harris, or Chambers counties.

If found guilty, she could spend the remainder of her life in prison.  If you are facing drug possession charges, the state of Texas determines the charges based on the drug and the amount of the drug in your possession. Drug possession charges are very serious in this state, and you can benefit from having an experienced Conroe, TX criminal defense attorney.    

How is Possession of Cocaine Prosecuted in Texas?

It is important to know that possession of any amount of cocaine in the state of Texas is a felony offense. To be charged with cocaine possession, you must have actual "care, custody, control, or management" of the drug.

Possession of less than one gram of cocaine is a state jail felony, with penalties ranging from six months to two years in prison. Possession of between one and four grams of cocaine is a third-degree felony, with penalties including up to 10 years in prison.  

Possession of four to 200 grams of cocaine is a second-degree felony, with penalties of up to 20 years in prison. Possession of 200 to 400 grams of cocaine is a first-degree felony, punishable by 10-99 years in prison, while possession of more than 400 grams is also a first-degree felony, punishable by 15-99 years in prison.

Transporting more than 400 grams of cocaine could also trigger trafficking and distribution charges. All cocaine charges, whether for possession, trafficking, manufacturing, or delivery, can be enhanced if the criminal offense is committed on or near a school property.

What Are the Most Common Defenses to Cocaine Possession?

Since a person charged with possession of cocaine must have intentionally or knowingly possessed the drug, one potential strategy for defense involves showing that the person had no idea the drug was in his or her possession. Perhaps the vehicle was borrowed from a friend who left the drugs behind, or the drugs were left in the defendant’s home during a recent party.

If the drugs were found in the pocket of a jacket the defendant is wearing, an attorney might attempt to show that the jacket did not belong to the defendant; rather, it was borrowed. Other potential defenses to possession of cocaine include:

• The search and seizure lacked probable cause.
• There was no valid search warrant for the search and seizure.
• There were chain of custody errors made after the drugs were seized.
• The police denied the defendant his or her constitutional rights.

Contact a Montgomery County, TX Drug Possession Lawyer

If you are facing drug possession charges in Texas, it is extremely important that you seek legal representation from a Conroe, TX drug possession attorney from Pullan & Young. Attorney Pullan was a former Assistant District Attorney, while Attorney Young was a former prosecutor. This experience benefits their clients who are charged with a criminal offense. Call 936-647-1540 to schedule your free consultation.