Cocaine Charges

Understanding Cocaine Laws in Texas 

Cocaine as a Controlled Substance

Under the Texas Health and Safety Code, cocaine is classified as a Penalty Group 1 substance—the most serious category of controlled substances. This classification puts cocaine in the same category as heroin, methamphetamine, and other dangerous drugs that carry the harshest penalties under Texas law.

The state doesn’t differentiate between powder cocaine and crack cocaine in terms of legal classification, though the quantity thresholds and circumstances of your arrest can significantly impact the charges you face.

Possession vs. Distribution vs. Trafficking

Texas prosecutors can charge cocaine offenses at different levels depending on the circumstances:

Simple Possession: Having cocaine for personal use, typically involving smaller quantities.

Possession with Intent to Distribute: When prosecutors believe you intended to sell the cocaine based on quantity, packaging, scales, or other evidence.

Drug Trafficking: Large-scale distribution operations involving substantial quantities.

The distinction between these charges often comes down to quantity and circumstances. What starts as a simple possession charge can quickly escalate if prosecutors find evidence suggesting intent to distribute.

Thresholds That Change Everything

In Texas cocaine cases, specific quantity thresholds determine your charge level and potential penalties:

• Less than 1 gram: State jail felony
• 1-4 grams: Third-degree felony
• 4-200 grams: Second-degree felony
• 200-400 grams: First-degree felony
• 400+ grams: Enhanced first-degree felony

The difference between possessing 0.9 grams and 1.1 grams of cocaine could mean the difference between probation and years in prison. These thresholds have devastating real-world consequences for defendants.

Cocaine Charges and Penalties in Texas 

Penalty Breakdown by Quantity

Other Aggravating Factors

Several circumstances can enhance your cocaine charges and increase potential penalties:

Weapon Enhancement: Having a firearm during a drug offense can add years to your sentence and eliminate eligibility for probation in many cases.

Drug-Free Zone Violations: Possessing cocaine within 1,000 feet of a school, playground, or other designated area can increase your minimum sentence by five years and double the maximum fine.

Prior Criminal History: Previous felony convictions can enhance current charges, potentially making you ineligible for probation and increasing minimum sentences.

Multiple Defendants: Being arrested with others can lead to conspiracy charges, which carry their own severe penalties regardless of your individual role.

Long-Term Consequences

The legal penalties are just the beginning. A cocaine conviction creates permanent barriers that affect nearly every aspect of your life:

Employment Obstacles: Most employers conduct background checks. A felony drug conviction can disqualify you from countless job opportunities, especially in healthcare, education, finance, and government sectors.

Professional Licensing Issues: Doctors, nurses, lawyers, real estate agents, and other licensed professionals face license suspension or revocation following drug convictions.

Educational Barriers: Federal financial aid becomes unavailable, potentially ending educational aspirations or creating crushing student debt.

Housing Discrimination: Landlords can legally reject rental applications based on drug convictions, limiting housing options.

The Consequences No One Warns You About 

Social and Family Fallout

Beyond legal penalties, cocaine charges create devastating personal consequences that prosecutors never mention in court:

Child Custody Battles: Family courts consider drug convictions as evidence of parental unfitness. You could lose custody of your children or face supervised visitation restrictions.

Divorce Proceedings: A cocaine conviction can impact property division, spousal support, and child custody determinations. Your spouse’s attorney will use your conviction to argue for maximum advantage.

Social Stigma: The shame of a drug conviction affects relationships with friends, family, and community members.

Immigration Implications

For non-citizens, cocaine charges create an additional layer of catastrophic consequences:

Deportation Risk: Drug convictions, even misdemeanors, can trigger removal proceedings. Immigration courts show little mercy for controlled substance violations.

Green Card Revocation: Permanent residents can lose their legal status based on drug convictions, even if they’ve lived in the United States for decades.

Naturalization Barriers: Drug convictions can permanently prevent you from becoming a U.S. citizen, regardless of other factors in your favor.

Losing Future Opportunities

A cocaine conviction eliminates opportunities most people never consider:

International Travel: Many countries, including Canada and the United Kingdom, permanently ban entry for individuals with drug convictions.

Federal Benefits: You become ineligible for food stamps, housing assistance, and other federal programs designed to help people in financial distress.

Firearm Rights: Federal law prohibits convicted felons from owning or possessing firearms, eliminating hunting, sport shooting, and self-defense options.

Military Service: All branches of the military can deny enlistment based on drug convictions, closing off career opportunities and veterans’ benefits.

Common Missteps That Make Things Worse 

Talking to Police Without a Lawyer

The biggest mistake defendants make is trying to “explain” their situation to police officers. Police are not your friends during a drug investigation—they’re trained to gather evidence for prosecution.

Common statements that destroy defenses:

• “It’s just for personal use”
• “I only bought it for the weekend”
• “I’ve never sold drugs”
• “I have a problem and need help”

Pleading Guilty Too Early

Many defendants feel overwhelming pressure to accept the first plea offer from prosecutors. This often results in unnecessary convictions and harsh sentences. Experienced defense attorneys know how to identify weaknesses in the prosecution’s case and negotiate better outcomes.

Not Understanding “Possession” Under Texas Law

Texas law recognizes two types of possession that can support cocaine charges:

Actual Possession: Having cocaine on your person or under your direct control.

Constructive Possession: Having access to cocaine even if it’s not on your person. This could include cocaine found in your car, home, or hotel room.

Constructive possession cases are often more difficult for prosecutors to prove, but defendants who don’t understand this concept often provide statements that help establish the elements prosecutors need for conviction.

Hypothetical Scenario: Police find cocaine in the glove compartment of a car with four passengers. Without proper legal representation, multiple defendants might make statements that help prosecutors establish who had “control” over the vehicle and its contents. An experienced attorney knows how to challenge constructive possession cases and protect clients from making damaging admissions.

Your Defense Options: How a Lawyer Can Fight for You 

Unlawful Search and Seizure

The Fourth Amendment protects you from unreasonable searches and seizures. Many cocaine cases begin with illegal police conduct that violates your constitutional rights:

Traffic Stop Violations: Police must have reasonable suspicion to stop your vehicle and probable cause to search it.

Home Search Issues: Police need a warrant to search your home unless specific exceptions apply.

Consent Problems: Police often claim defendants “consented” to searches when circumstances suggest otherwise.

Lack of Constructive Possession

In cases involving cocaine found in shared spaces, prosecutors must prove you had knowledge and control over the drugs. Skilled defense attorneys know how to challenge these elements:

• Multiple people had access to the location
• No fingerprints or DNA evidence links you to the cocaine
• You had no knowledge the drugs were present
• Someone else had greater control over the area

Lab Testing Issues

Prosecutors must prove the substance is actually cocaine through proper laboratory testing. Defense attorneys can challenge:

Chain of Custody: Every person who handled the evidence must be documented. Gaps in the chain can result in evidence suppression.

Testing Procedures: Crime labs must follow specific protocols. Procedural violations can invalidate test results.

Quantity Disputes: Lab technicians sometimes make errors in weighing evidence. Small measurement mistakes can change your charge level significantly.

Pretrial Diversion and Drug Courts

Texas offers alternative programs that can help first-time offenders avoid conviction:

Pretrial Intervention Programs: Complete community service, counseling, and other requirements to earn case dismissal.

Drug Court: Intensive supervision and treatment programs that result in dismissal upon successful completion.

Deferred Adjudication: Plead guilty but avoid conviction if you successfully complete probation requirements.

These programs aren’t automatically available—you need an experienced attorney to negotiate your participation and ensure you meet all requirements.

At the Law Offices of Richard C. McConathy, we’ve successfully helped many clients avoid conviction through alternative programs. Our team knows which programs you qualify for and how to present your case for maximum consideration.

For more information about our approach to drug and narcotics charges, contact our office today.

Contact Our Texas Drug Crime Attorneys Today 📞

If you’re facing cocaine charges in Texas, every decision you make will impact the rest of your life. The prosecution has already begun building their case against you—you need experienced legal representation fighting for your future.

The Law Offices of Richard C. McConathy has been defending clients against drug charges for over 35 years. We’ve achieved positive outcomes in thousands of cases, including complex cocaine prosecutions throughout the Dallas-Fort Worth area and beyond.

Why choose our firm?

✅ Three generations of criminal defense experience dating back to 1946
✅ Extensive experience with drug defense cases throughout the DFW area
✅ 24/7 availability for urgent legal matters
✅ Free consultations to discuss your options

Don’t let a cocaine charge destroy your future. Contact our Texas criminal defense attorneys now—your future depends on it.

Call (972) 528-0478 or contact us online for your free consultation. We serve clients throughout Dallas, Tarrant, Collin, and surrounding counties.

Time is critical when facing drug charges. The sooner you contact our office, the more options we’ll have to protect your rights and fight for the best possible outcome.

FAQs About Cocaine Charges in Texas 

Is cocaine possession a felony in Texas?

Yes, all cocaine possession charges in Texas are felonies. Even possessing less than one gram of cocaine is charged as a state jail felony, which carries up to two years in prison and a $10,000 fine.

Can I go to jail for a small amount of cocaine?

Absolutely. Texas doesn’t have a “personal use” exception for cocaine. Even trace amounts found in residue can result in felony charges and jail time. First-time offenders might be eligible for probation, but this isn’t guaranteed.

What if the cocaine wasn’t mine?

Under Texas law, you can be charged with “constructive possession” even if the cocaine wasn’t physically on your person. Prosecutors only need to prove you had knowledge of and control over the drugs. However, an experienced attorney can challenge constructive possession cases.

Do first-time offenders go to prison in Texas?

First-time offenders often receive probation instead of prison time, especially for smaller quantities. However, certain circumstances—such as having a weapon or being in a drug-free zone—can eliminate probation eligibility and result in mandatory prison sentences.

Can a cocaine charge be expunged in Texas?

Expungement is only available if charges were dismissed or you were found not guilty. If you were convicted or received deferred adjudication, you might be eligible for a “petition for nondisclosure” after completing probation requirements.

For more detailed information about possession of controlled substances and your legal options, contact our office for a confidential consultation.