Baytown, TX asked in Criminal Law for Texas

Q: And Jefferson County Texas what is the penalty for a first-time offender with a pocs charge 10 X pills

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is likely to be a felony of the third degree, punishable by 2 to 10 years confinement in the state penitentiary and a fine up to $10,000. If the defendant has no priors then probation is also possible.

By "X" pills, I assume you mean ecstasy, or 3,4-methylenedioxymethamphetamine. A typical dose would be approximately 125mg so 10 of them would be 1.25 grams... add some weight for binders and you are probably still below the 4-gram threshold where it would become a second degree, which would increase the max to 20 years.

That said, much of what is passed off as X these days is actually plain methamphetamine, which is significantly more potent gram per gram. I would be surprised, but not shocked, if 10 methamphetamine pills weighed in at less than a gram, which would reduce the offense to a State Jail Felony.

Note: Although methamphetamine is in Penalty Group 1 and 3,4-methylenedioxymethamphetamine is in Penalty Group 2, that doesn't really matter in terms of punishment except when the amount possessed is between 200 and 400 grams.

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