Houston Drug Trafficking Lawyer

Texas Drug Trafficking Laws

Drug trafficking is covered under Section 481.112 – 481.114 of the Texas Controlled Substance Act. Trafficking is otherwise referred to as: Manufacture or Delivery of Substance, an offense which is arranged according to what penalty group the drug falls into – Penalty Groups 1 through 4. Drug trafficking is charged when an individual delivered a controlled substance.

Texas Drug Penalty Groups

• Penalty 1 Group includes cocaine, heroin, opium, meth, Rohypnol, ketamine, GHB, and more.
• Penalty Group 2 include hallucinogens
• Penalty Group 3 includes Peyote, Phenmetrazine, amobarbital, Methylphenidate, and others
• Penalty Group 4 include narcotics with a non-narcotic active medical ingredient

Drug Trafficking Penalties in Texas

When a person commits the offense of trafficking, it can be prosecuted as a state jail felony, a second degree felony or a first degree felony. The sentencing and fines all depend upon the penalty group the drug is in, and the quantity of the drug. Under Texas law, drug trafficking or distribution is considered a felony offense. There are a wide variety of penalties that may be imposed from these offenses.

Penalty Group 1 & 1-A

• State Jail Felony
  • Units: <20
  • Prison: 180 days - 2 years
  • Fine: Up to $10,000
• Second-Degree Felony
  • Units: 20 - 80
  • Prison: 2 - 20 years
  • Fine: Up to $10,000
• First-Degree Felony
  • Units: 80 - 4,000
  • Prison: 5 - 99 years
  • Fine: Up to $10,000
• Life Felony
  • Units: >4,000
  • Prison: 15 - 99 years
  • Fine: Up to $250,000

Penalty Group 2 & 2-A

• State Jail Felony
  • Grams: <1 g
  • Prison: 180 days - 2 years
  • Fine: Up to $10,000
• Second-Degree Felony
  • Grams: 1 - 4 g
  • Prison: 2 - 20 years
  • Fine: Up to $10,000
• First-Degree Felony
  • Grams: 4 - 400 g
  • Prison: 5 - 99 years
  • Fine: Up to $10,000
• Life Felony
  • Grams: >400 g
  • Prison: 10 - 99 years
  • Fine: Up to $100,000

Penalty Group 3 & 4

• State Jail Felony
  • Grams: <28 g
  • Prison: 180 days - 2 years
  • Fine: Up to $10,000
• Second-Degree Felony
  • Grams: 28 - 200 g
  • Prison: 2 - 20 years
  • Fine: Up to $10,000
• First-Degree Felony
  • Grams: 200 - 400 g
  • Prison: 5 - 99 years
  • Fine: Up to $10,000
• Life Felony
  • Grams: > 400 g
  • Prison: 10 - 99 years
  • Fine: Up to $100,000

Legal Defenses for Drug Trafficking in TX

You can be found guilty of drug trafficking if the state can prove that you knowingly delivered a controlled substance in any one of the four groups of controlled substances as defined under the Texas Controlled Substances Act. However, just because you were arrested for this crime, it doesn't mean that you had knowledge that you were transporting or delivering drugs. Lacking knowledge, or believing you were transporting something else, or being under duress are all valid defenses to drug trafficking charges.