Potential charges and penalties for Texas residents accused of drug trafficking and distribution
Drug trafficking is defined as manufacturing, importing, exporting, distributing or dispensing a controlled or illegal substance. However, Texas prosecutors may charge someone with trafficking even if you don’t meet the requirements of the definition.
Texas drug trafficking laws are based on the state’s health and safety codes. Once you are arrested and charged, the court determines state and federal felony penalties, depending on the amount of drugs being delivered or distributed and the type of drug involved.
Other factors that may lead to a drug trafficking charge include:
- A large quantity of a single drug
- A large quantity of several varieties of drugs
- No prescription for controlled substances
- Possessing a large amount of cash with drugs
- Possessing weapons with drugs
- Possessing weight scales and packaging materials with drugs
If you or a loved one have been charged with drug trafficking or distribution, we encourage you to contact a drug defense lawyer immediately so that they can take steps to protect your rights.
The problem of drug trafficking in Texas
More illegal drugs are seized in the state of Texas than in many other U.S. states, for several reasons. One big reason is the 1,254-mile Mexico/U.S. border that enables traffickers to enter the U.S. from Mexico through road checkpoints, hidden paths or by using ports along the Gulf of Mexico.
In addition, the 5 interstate highways and 4 U.S. highways that travel through Texas are major routes for smuggling drugs into and throughout the state (and ultimately the rest of the country). The state’s 21 international airports and railway routes are other means that traffickers often use.
Texas drug trafficking laws and penalties
Texas drug laws carry penalties for 4 different drug groups. Drugs belonging to groups having addictive properties increase the level of penalty. Fines and prison sentences are additionally determined depending on where the crime takes place. For example, crimes committed within 1,000 feet of school grounds elevate the offense and penalty level.
The following groups define what amount of drugs is considered trafficking under the Texas Health and Safety Code (481.121).
Group I drugs
Group I drugs include cocaine, marijuana, methadone, methamphetamine, opioids and oxycodone.
Delivering, manufacturing, transferring or selling cocaine carries a fine of up to $10,000 and prison time of 180 days to 2 years for under 1 gram of the drug. Delivering more than 400 grams of the substance incurs fines of up to $250,000 and a prison term from 15 to 99 years.
Delivering, manufacturing, transferring or selling methamphetamine (meth) incurs a prison term of 2 to 20 years for 1 to 4 grams. When the crime involves 200 to 400 grams of the substance, the penalty is 10 to 99 years in prison.
Delivering, manufacturing, transferring or selling 7 grams or less of marijuana comes with a fine of up to $2,000 and a jail term of 180 days. When the charge involves 7 grams to 5 pounds of marijuana, the penalty increases to a 1-year jail term and a $4,000 fine. Any delivery or selling the substance to a minor automatically carries a prison term of 2 to 20 years and fines of up to $20,000.
Group II drugs
Group II drugs include amphetamine, ecstasy and methaqualone.
Delivering, manufacturing, transferring or selling less than 1 gram of a controlled substance in group II brings a jail sentence of 180 days to 2 years and up to a $10,000 fine. When the crime involves 400 or more grams of the substance, the penalty increases to a prison term of 15 to 99 years and fines of up to $50,000.
Group III drugs
Group III controlled substances include LSD, Xanax and Valium. Delivering, manufacturing, transferring or selling a controlled III substance ranges from a 180 day to 2-year jail term to a 15-99 year prison sentence. Monetary fines range from $10,000 to $50,000.
Group IV drugs
Group IV controlled substances are typically compounds or mixtures of controlled substances and other ingredients that may or may not be used for medical use. The penalties for delivering, manufacturing, transferring or selling a controlled IV substance are similar to the fines and sentences imposed for Group III substances.
When to consult a Texas drug trafficking defense attorney
A drug trafficking charge dramatically affects your life secondary to possible prison sentences and monetary fines imposed. You will carry a criminal record throughout the remainder of your life. Even after completing the court’s penalties, you may have difficulty finding employment, acquiring a loan and housing. Thus, anyone arrested and charged with drug trafficking needs to consult an attorney experienced in drug trafficking cases as soon as possible.
Possible drug trafficking defenses
A qualified drug crime attorney has the training and experience needed to competently defend a client with the intent of getting the charges and penalties reduced or dismissed. A number of circumstances play a role in determining the court’s final decision. The various factors include:
- Knowledge. The defense may present that you were not aware of the drug’s presence or were not aware of the contents. The prosecution must prove that you voluntarily and with full knowledge took the substance.
- Unlawful search and seizure. Law enforcement officers must have your permission or a court-awarded search warrant before searching a private vehicle, residence or other private property. Otherwise, finding illegal substances cannot be used as evidence unless the substances or paraphernalia is within clear view. Performing an illegal search and seizure is considered a violation of your Fourth Amendment rights.
- Crime lab errors. When law enforcement suspects that a confiscated substance appears to be an illegal drug, the evidence is submitted to a crime lab for analysis. The lab technician making the determination will appear in court and verify the identity of the substance. However, in many instances, crime labs have mistakenly classified a sample as an illegal substance when it was not. The error results in a dismissal of charges.