Drug Trafficking Charges

Houston Drug Crime Attorney

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.

For example, under Section 481.112, manufacturing or delivering a substance in Penalty Group 1 is a state jail felony if the controlled substance is less than one gram. But, the offense is a second degree felony if the amount of the controlled substance was one gram or more but less than four grams. The offense is a first degree felony if the amount of the controlled substance was four grams or more but less than 200 grams.

An offense under Section 481.112 (drug in Penalty Group 1) is punishable by 10 to 99 years in prison and a maximum $100,000 fine if the controlled substance was 200 grams or more but less than 400 grams. If the amount of the controlled substance was 400 grams or more, it is punishable by 15 to 99 years in prison and a maximum $250,000 fine.

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. When the defendant is found to have 400 grams or more of a drug listed in Penalty Groups 2 through 4, they face the possibility of 10 to 99 years in prison and up to $100,000 in fines.

Drug Trafficking: Defenses

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.