Legal Sanctions Applicable to Drug and Alcohol Use
21 United States Code 844(a):
1st conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2years, and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years, and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years, and fined up to $250,000, or both, if:
- 1st conviction and the amount of crack possessed exceeds 5 grams.
- 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
- 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
Special sentencing provisions for possession of flunitrazepam: Imprisoned for not more than 3 years and/or fined.
21 United States Code 853(a)(2) and 881(a)(7):
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack.)
21 United States Code 881(a)(4):
Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.
18 United States Code 922(g):
Ineligible to receive or purchase a firearm. Miscellaneous: Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.
State Penalties and Sanctions
Texas Penal Code Sec. 49.02:
Being intoxicated in public such that one is a danger to oneself or others is a Class C misdemeanor, punishable by a fine of up to $500.
Texas Alcoholic Beverage Code Sec. 1.05, 101.31:
It is illegal to possess or distribute alcoholic beverages in a dry area. Violation of this law is a Class B misdemeanor and carries a penalty of up to $2,000 and/or up to 180 days confinement.
Texas Alcoholic Beverage Code Sec. 106.02, 106.04-106.05, 106.071:
The purchase, possession, or consumption of alcoholic beverages by a person under 21 years of age subjects that person to a fine of up to $500 for the first offense and at least $250 up to $2,000 for the second offense and/or 180 days confinement.
Texas Alcoholic Beverage Code Sec. 106.06:
Furnishing alcoholic beverages to a minor is a Class A misdemeanor and punishable by a fine of up to $4,000 and/or up to one year in jail.
Texas Education Code Sec. 37:122:
The possession of an intoxicating beverage on the grounds of any public school is a Class C misdemeanor and carries a penalty of up to $500.
If found with an open container in the person's immediate possession, the minimum confinement period extends to six days.
Texas Alcoholic Beverage Code Sec. 106.07:
A person under 21 years of age who misrepresents his or her age for the purpose of purchasing alcohol beverages commits a Class C misdemeanor and may be punished by a fine of up to $500.
Texas Health and Safety Code Sec. 481.102-106, 481.115-118:
The illegal distribution, possession, or use of controlled substances may be punished by 5 years to life in prison and up to a $250,000 fine.
Texas Health and Safety Code Sec. 481.112-120:
The delivery or possession of controlled substances with the intent to manufacture controlled substances is punishable by a jail term of 10 years to life and up to a $250,000 fine.
Texas Health and Safety Code Sec. 481.122:
The distribution of marijuana to a minor is punishable by 2 to 20 years in prison and/or up to a $10,000 fine.
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Page last updated September 27, 2018