Joe was driving westbound on I-20 heading toward New Mexico. A Texas DPS officer pulls Joe over because the car he is driving has a taillight that is not working

Question

As the officer chats with Joe he notices a small bag containing a residue of a white substance lying on the driver's seat beside Joe. The officer asks Joe to step from the vehicle and asks Joe if he has any drugs or other contraband. Joe assures the officer that he and vehicle is clean and encourages the officer to search the car, thinking that the officer will decline since he is a lone officer. The officer accepts the offer, but handcuffs Joe and places him in the back of the patrol car during the search (after a cursory pat down). The officer discovers a small tin box under the driver's seat. The box contains several small plastic bags of a substance the officer recognizes as heroin. Additionally, Joe shows signs of being highly agitated with very constricted pupils. Additionally, the officer locates a loaded .45 Smith and Wesson semi-automatic pistol under the driver's seat within easy reach of the driver. The officer continues his search in the trunk of the vehicle and discovers an unlocked briefcase loaded with large, plastic bags full of the same substance and a scale. The total quantity of controlled substance in Joe's possession is estimated to be over 100 grams of mixture. What charges may be filed against Joe? What schedule will the charges be filed under? A criminal history check verifies that Joe is a known offender and that this will be his 2nd offense. What federal trafficking penalties will apply to Joe's case? What penalties will Joe face for a third offense? Does the possession of a firearm add to the charges?

Answer 1

Drug offenses, Controlled substances Act Drug Schedules, Controlled Substances Act, CSA Penalties for Drug Trafficking, and State Drug laws.