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Fernando Soto

University of Texas at El Paso

Why Are Drug Charges Harsher than Murder in Texas?

An underlining issue to understand before dissecting is that crime differs by state and by the degrees and situation of each crime. Stealing a pack of a gum from a gas station is not punished as severely as stealing a car from a random person. This analogy represents that each crime has different levels of severity. Though this may sound like common-sense, some states view the both crimes as equal in severity and in needed punishment. There is a national standard on what is legal and illegal, but states have their own power and can decide how they plan to define crime in their own jurisdiction, even with federal mandates. This is the reason why marijuana, which is federally a Schedule I drug, is legal to smoke recreationally in eight states of the United States. Though murder is not legal in any states of the United States, some would argue that assisted suicide and abortion are legal types of murder. These points will be considered moot points in this paper, not due to any personal or political opinions, but it is more because most drugs are legal, such as Tylenol and other over the counter drugs. The main essence of this paper will be to compare to murder punishments against drug punishments. Keeping this in mind, the paper will focus on the state of Texas.

Punishments of Murder

Involuntary manslaughter is homicide with no real intent on committing homicide, neither expressed or implied intent. There are two types of involuntary manslaughter, which is constructive manslaughter and criminally negligent manslaughter. Both types of involuntary manslaughter have criminal liability. Constructive manslaughter can be deciphered as manslaughter due to an unlawful act. For example, this can be defined as a homicide due to reckless driving. Criminally negligent manslaughter is manslaughter that results from a willful blindness or a serious negligence. In the United States, manslaughter, due to drunk driving or driving under the influence, is considered criminally negligent manslaughter. Voluntary manslaughter is when the offender had no prior intent to kill and did so because of the momentum of the environment or actions of others, which would cause a sound mind to have a mental break or an emotional break. There are multiple examples of voluntary manslaughter that have multiple circumstances. One example would be a defender killing a home intruder without being in a life-threatening situation, which differs in states. The most common example or situation would be when a defendant would be provoked to commit homicide, which could be a certain catalyst that caused a sound mind to commit homicide. All manslaughter charges in Texas are felonies that carry a prison sentences of two to twenty years and fines up to $10,000. Intoxication manslaughter may result in minimum sentencing and a mandatory 240-800 community services hours.

A murder charge is an intentional homicide with malice aforethought. A murder charge, which does not meet capital implications, is a first-degree felony which can result in five to ninety-nine years in prison and a fine of $10,000. Crimes of passion can have laxer sentences depending on the defense and situation of the murder. Capital murder is almost the same as murder, except it can lead to death. The criteria for capital murder would be killing a police officer or firefighter, having been paid to commit murder, murdering a prisoner, or killing more than one person. Second degree murder can have the sentence of a high term of years or life imprisonment. First degree murder has the sentence of life imprisonment or a death sentence, which can only take place in certain state that did not ban capital punishment.

Punishment of Drug Crimes

There are four common drug crimes that an offender could be charged, if found evidence to prosecute. Distribution of an illegal substance is when the offender is accused of selling, delivering, or providing the illegal substance, unlawfully. Drug trafficking is like distribution of an illegal substance, but it depends on the amount of the illegal substance found, instead of intent of selling across state lines. Drug manufacturing or cultivating is when the offender creates or grows an illegal substance. A common example would be growing marijuana or a laboratory for LSD, cocaine, or a methamphetamine. The most common form drug charge is possession, which is that the offender possessed a controlled substance: intentionally, without a valid prescription, and possessed a quantity large enough for personal use or sale of the substance. Possession also includes the charge of constructive possession, which means the substance was not found on the offender, but the offender had access or control over the place the drugs were found. This is how people can be charge with drugs found in their car. There are multiple different penalties on these crimes, but Texas has some severe drugs laws.

Cocaine is a controlled substance that has the more severe punishments or sentences attached to it, and Texas is a state with one of the most severe laws against cocaine. The possession of cocaine under one gram is a state felony, which could lead to six months to two years in prison. Possessing one to four grams of the substance can lead to a $10,000 fine and two to ten years in prison, while if 200 to 400 grams are found that could lead to a ten to ninety-nine year jail time with the same fine. The delivery of cocaine has $10,000 fine with a 180 day to a two year jail sentence, while delivering over 400 grams will have a $250,000 fine with a fifteen to a ninety-nine year sentence. The manufacturing of cocaine has the same punishment for delivery of cocaine.

Meth is a drug that has risen in popularity in Texas, and Texas has created laws to combat the growing epidemic. Possessing under a gram of meth can lead to a $10,000 fine and up two years in jail. or possession of one to 3.99 grams of meth, the crime is a felony with a $10,000 fine and two to ten years in prison, while for four to 199 grams of meth, there is a $10,000 fine and two to twenty years in prison. Possessing of 200 to 399 grams of meth is a $10,000 fine and ten to ninety-nine years in prison. The manufacturing or delivering of meth can lead to two to twenty years in prison for a gram to four grams, while ten to ninety-nine years in prison can be punished for 200 to 400 grams.

Marijuana is the most mainstream illicit drug in the United States. While it is legal in eight states, Texas has yet legalized the drug, but some counties will disregard marijuana that has less than two ounces. Possessing under two ounces of marijuana can be as much as 180 days in jail and a fine of $2,000, along with two years of probation. Possessing over 2,000 pounds of marijuana, the prison sentence is five to ninety-nine years and a fine of $50,000. For trafficking, or sales of marijuana, selling seven grams or less is a 180 days of jail time and a $2,000 fine. Selling any amount of cannabis to a minor is two to twenty years of jail and a $20,000 fine.

Homicide Charges vs. Homicide Charges

Drugs laws have become laxer with there being a more accepting national wave to try to understand the disorder of addiction. The legalization of cannabis in eight states has also led to state law being kinder to cannabis users. Texas used to be severe on cannabis as it is with cocaine, today. None of the Texas drugs law contain the death penalty, so no drug offense will be treated on the level of capital murder. Carrying less than a gram of cocaine is treated the same as committing manslaughter, so is having under a gram of meth. Under Texas law, Texas sees possession of less than a gram of cocaine or meth the same as the death of an innocent person, if they are killed because of reckless behavior. Texas has the more extreme drug laws of the other states in the Union. If you are a full-time Texan drug dealer and trafficking 200 grams of cocaine, 200 grams of meth, or over 2,000 pounds of marijuana, that drug dealer will get treated as a cold- blooded killer. 200 grams is seven eighths of a cup, less than a cup of cocaine or meth can lead to ninety-nine years in prison.

Drug Charge Severity.

Texas has multiple reason on why the state takes drug offenses with a heavy hand. Texas a border state that is alongside a huge part of the Mexican-American border. Texas is aware that drug cartels in Mexico and Southern America are trying to sell their drugs in the United States, and these cartels do care about their profits enough to murder or cause mayhem. The drug war since the 1970’s in the United States started the militarization of police officers and the Drug Enforcement Administration that led a war in the streets of America to foreign states, and some states still hold that adamant belief on the demonization of drugs and drug addicts. These beliefs and sentiments are different than other states that hold more liberal philosophies on drug use, since Texas is not a liberal state and more conservative. Texas being a conservative state means that they hold onto more conservative belief systems that hold onto the beliefs of famed president, Ronald Reagan. Though other states have drug offenses that equal the same as homicides, Texas takes their view on drugs with a gusto unlike other states, and it will unlikely change, until federal mandates. Though drug laws are laxer than before, the laxness of these laws move at a snail’s pace, and they will not change till decades without federal mandates.

References Dahr, F. (n.d.). Texas Cocaine Laws and Penalties. Retrieved November 6, 2018, from https://www.texasdefenselaw.com/library/texas-cocaine-laws-penalties/ Medlin Law Firm. (2018, March 20). The Difference Between Manslaughter And Murder In Texas. Retrieved November 5, 2018, from https://medlinfirm.com/blog/the-difference-between-manslaughter-and-murder-in-texas/ Neal Davis Law Firm. (n.d.). Texas Penalties for Drug Possession: Marijuana, Cocaine & Meth. Retrieved November 6, 2018, from https://www.nealdavislaw.com/criminal-defense-guides/texas-drug-possession-penalties.html NORML. (n.d.). NORML - Working to Reform Marijuana Laws. Retrieved November 6, 2018, from https://norml.org/laws/item/texas-penalties-2 Wyoming Criminal Law Group, P.C. (2018, May 23). Differences Between State and Federal Drug Crimes. Retrieved November 5, 2018, from https://www.wyocriminallaw.com/drug-charges/2018/05/23/differences-state-federal-drug-crimes/