Question by Exhilarating, isn’t it?: Texas “Drug Policy”: What is likely the sentence for this crime?
My boyfriend was arrested for possession of marijuana (less than two ounces) and possession of a controlled substance (5 capsules of Zoloft). This is his first offense so what will his sentence likely be? We live in Texas.

Best answer:

Answer by Spanky
here is the laws in texas about marijuana

Possession
2 oz or less* class B misdemeanor 180 days $ 2,000
2 to 4 oz* class A misdemeanor 1 year $ 4,000
4 oz to 1 lb* state jail felony 180 days – 2 years $ 10,000
1 to 5 lbs state jail felony 180 days – 2 years $ 10,000
5 to 50 lbs felony of the third degree 2 – 10 years $ 10,000
50 to 2,000 lbs felony of the second degree 2 – 20 years $ 10,000
More than 2,000 lbs felony 5 – 99 years $ 50,000
Sale
Gift of 1/4 oz or less class B misdemeanor 180 days $ 2,000
Sale of 1/4 oz or less class A misdemeanor
1 year
$ 4,000
1/4 oz to 5 lbs state jail felony
180 days – 2 years
$ 10,000
5 to 50 lbs felony of the second degree 2 – 20 years $ 10,000
50 to 2,000 lbs felony of the first degree 5 – 99 years $ 10,000
2,000 lbs or more felony MMS 10 – 99 years $ 100,000
To a minor felony 2 – 20 years $ 10,000
Within 1,000 feet of a school or within 300 feet of specified areas misdemeanor or felony increased penalty increased penalty
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc…)
Paraphernalia possession class C misdemeanor none $ 500
Paraphernalia sale class A misdemeanor 1 year $ 4,000**
Details

* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.

** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $ 10,000

Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $ 2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $ 4,000. For greater than four ounces the penalty increases to 180 days – two years in jail and a fine up to $ 10,000. Possession of greater than five pounds carries a penalty of 2 – 10 years in prison and a fine up to $ 10,000. For greater than 50 pounds the penalties increase to 2 – 20 years in prison and a fine up to $ 10,000. For any amount greater than 2,000 pounds the penalty is 5 – 99 years and a fine up to $ 50,000.

The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $ 2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days – 2 years in jail and a fine up to $ 10,000. Sale or delivery of greater than five pounds is punishable by 2 – 20 years in prison and a fine up to $ 10,000. The penalty for delivery or sale of greater than 50 pounds is 5 – 99 years in prison and a fine up to $ 10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 – 99 years in prison and a fine up to $ 100,000.

Any sale to a minor is punishable by 2 – 20 years in prison and a fine up to $ 10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.

Repeat Misdemeanor Offenses:

* If charged with a Class A misdemeanor and defendant has been before convicted of a Class A misdemeanor or any degree of felony = 90 days-1 year; $ 4,000
* If charged with a Class B misdemeanor and defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony = 30 days-180 days; $ 2,000
* If charged with a Class C misdemeanor and defendant has been before convicted under one or a combination of the two above three times and the prior offense was committed within 24 months of incident = > 180 days; $ 2,000

Repeat Felony Offenses:

* If charged with a state jail felony punishable and defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
* If charged with a state jail felony punishable and defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
* If charged with a state jail felony or of a third-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
* If charged with a second-degree felony and the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
* If it is a first-degree felony

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