LEGAL SANCTIONS APPLICABLE TO
DRUG AND ALCOHOL USE
A. Federal Penalties and Sanctions
21 United States Code 844(a):
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.
B. 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.
Texas Penal Code Sec. 49.04:
Driving under the influence of alcohol is a Class C misdemeanor and punishable by a fine of up to $500 and a minimum confinement of 72 hours and/or up to 180 days in jail for the first offense and up to a $2,000 fine and a minimum of 30 days confinement and and/or up to 180 days in jail for subsequent offenses.
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.
C. Local Penalties and Sanctions
Belton Code Sec. 14-3. Possession, sale, delivery, distribution and manufacture of certain substances prohibited.
(a) It shall be unlawful for any person to knowingly possess, produce, manufacture, distribute, or sell with intent to produce, manufacture, distribute or sell to any person, or possess for personal use, any of the following substances within the city limits of the City of Belton, Texas:
(1)Salvia divinorum or Salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds
(2)(6aR,10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol, commonly known as HU-210;
(3)1-Pentyl-3-(1-naphthoyl)indole commonly known as JWH-018, "K2", or "spice"; or
(4)1-Butyl-3-(1naphthoyl)indole commonly known as JWH-073.
(c) An offense under this section shall constitute a class C misdemeanor punishable upon conviction by a fine not to exceed five hundred dollars ($500.00), and each separate day that a violation of this section continues, constitutes a separate and distinct offense.
Sec. 11-16. Sale of beverages in certain areas prohibited.
(a)Sales near school, church or hospital. It is an offense for any person to sell alcoholic beverages at a place of business which is within three hundred (300) feet of a church, public school or public hospital.
(Ref. V.T.C.A., Alcoholic Beverage Code § 109.33.)
(b)Measurement for church or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(c)Measurement for public school. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be:
(1)In a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections; or
(2)If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public school to the property line of the place of business, in a direct
line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
Sec. 11-19. Sale or consumption of alcoholic beverages on city property prohibited except where specially permitted.
(a)City property. It shall be unlawful for any person to sell or consume alcoholic beverages in any public park of the city, or on or in other publicly owned property, save and except that the city and any person or entity having a rental agreement with the city for use of the Harris Community Center, may serve alcoholic beverages upon the premises of the center exclusively. The city manager or his designee may authorize a special event permit for the sale and consumption of alcoholic beverages on city property other than a city park.
(b)Criteria for permits. The city manager shall recommend for city council consideration, a resolution establishing criteria for special event permit applications and approvals under this section.
HEALTH RISKS ASSOCIATED WITH DRUG OR ALCOHOL USE
Narcotics such as opium, morphine, and heroin can cause euphoria, drowsiness, respiratory depression, constricted pupils, and nausea. The symptoms of an overdose of narcotics are slow and shallow breathing, clammy skin, convulsions, coma, and possible death. Persons experiencing withdrawal from addiction to narcotics can experience watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills, and sweating.
Depressants such as barbiturates and quaaludes can cause slurred speech, disorientation, and drunken behavior. An overdose of a depressant results in shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, and possible death. Withdrawal symptoms include anxiety, insomnia, tremors, delirium, convulsions, and possible death.
Stimulants such as cocaine and crack can cause increased alertness or euphoria, an increased pulse rate and blood pressure, insomnia, and loss of appetite. An overdose of stimulants results in agitation, and increase in body temperature, hallucinations, convulsions, and possible death. Withdrawal symptoms include apathy, long periods of sleep, irritability, depression, and/or disorientation.
Hallucinogens such as LSD and amphetamines cause illusions and hallucinations and poor perception of time and distance. The effects of an overdose include psychosis and possible death.
Marijuana and hashish can cause euphoria, increased appetite, relaxed inhibitions, and disoriented behavior. The effects of an overdose include fatigue, paranoia, and possible psychosis. Withdrawal symptoms include insomnia, hyperactivity, and decreased appetite.
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.