The punishments for drug trafficking and distribution in Texas can be severe. If an individual knowingly transports, distributes and/or possess illegal drugs or prescriptions with the intent to distribute them, they violate the Texas Controlled Substances Act. Under this law, there are specific penalty groups and categories for the different types of drugs and the amount of drugs the individual carries. You can be charged with drug trafficking if you are intentionally transporting drugs from one location to another, distributing drugs by selling or giving them to someone else to sell, or possessing drugs with the intent to distribute them. However, the last category requires proof that the drugs were for commercial purposes and not personal use.
If you are arrested for drug trafficking and distribution, that doesn’t necessarily mean you’re convicted of the crime. You have the right to an attorney and to plead your case.
Former Assistant District Attorney Sophia C. Martinez has over 25 years of experience advocating for people across Texas. After a drug trafficking and distribution arrest, contact Criminal Defense Attorney Sophia Martinez Law for trustworthy legal services. The sooner we receive your call, the more time we have to gather evidence and investigate your case.
What Are the Categories and Penalties for Drug Trafficking in Texas?
The Texas Controlled Substances Act classifies drugs under specific categories to clearly distinguish and determine penalties for drug trafficking and distribution cases. The type of drug, the amount of drug, and whether you have any previous convictions are all factors to consider when handling your case.
The following penalty groups and their legal consequences are for drug trafficking and distribution but not for a straight possession charge. The penalty group for a straight possession is usually one degree lower than the penalties stated below for drug trafficking:
Penalty Group 1
In penalty group 1, the main drugs consist of heroin, cocaine, ketamine, oxycodone, methamphetamine, hydrocodone, and GHB. Below are the penalties consistent with the amount the individual is charged with:
Less than 1 gram: Classified as a state jail felony and is punishable by up to 2 years in jail and fines of up to $10,000.
- 1 gram to 4 grams: Classified as a second-degree felony and is punishable by up to 20 years imprisonment and or fines of up to $10,000.
- 4 grams to 20 grams: Classified as a first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $10,000.
- 200 grams to 400 grams: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $100,000.
- 400 grams or more: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $250,000.
Speak with your drug crime lawyer about the possible legal consequences you may face for your drug trafficking case.
Penalty Group 1A
The second part of group 1 is group 1A, which includes Lysergic Acid Diethylamide (LSD). The following are the penalties that an individual may face:
- Less than 20 units: Classified as a state jail felony and is punishable by up to 2 years of state imprisonment and fines of up to $10,000.
- 20 to 80 units: Classified as a second-degree felony and is punishable by up to 20 years of imprisonment and fines of up to $10,000.
- 80 to 4, 000 units: Classified as a first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $10,000.
- 4,000 units or more: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $250,000.
It’s essential to understand the amount of drugs you are being charged with and how that impacts your possible consequences.
Penalty Group 2
Group 2 consists of Ecstasy, Mescaline, Marinol, and PCP. Consider the following consequences you may face:
- Less than 1 gram: Classified as a state jail felony and is punishable by up to 2 years of imprisonment and fines of up to $10,000.
- 1 gram to 4 grams: Classified as a second-degree felony and is punishable by up to 20 years of imprisonment and fines of up to $10,000.
- 4 to 400 grams: Classified as a first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $10,000.
- 400 grams or more: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $100,000.
If you have a prior conviction, you may face additional charges or punishments depending on your circumstances.
Penalty Group 3
The third penalty group consists of Valium, Ritalin, and Xanax. Consider the following punishments below for this penalty group:
- Less than 28 grams: Classified as a misdemeanor and is punishable by less than 1 year in county jail and fines of up to $4,000.
- 28 to 200 grams: Classified as a second-degree felony and is punishable by up to 20 years of imprisonment and fines of up to $10, 000.
- 200 to 400 grams: Classified as a first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $10,000.
- 400 grams or more: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $100,000.
If you are unsure where you fall in these categories, speak with an experienced lawyer for more details on your case.
Penalty Group 4
In Group 4 are compounds that contain Morphine, Motofen, Pyrovalerone or Buprenorphine. Below are the penalties for this group:
- Less than 28 grams: Classified as a misdemeanor and is punishable by less than 1 year in county jail and fines of up to $4,000.
- 28 to 200 grams: Classified as a second-degree felony and is punishable by up to 20 years of imprisonment and fines of up to $10, 000.
- 200 to 400 grams: Classified as a first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $10,000.
- 400 grams or more: Classified as an enhanced first-degree felony and is punishable by up to 99 years of imprisonment and fines of up to $100,000.
Depending on the types of drugs and amount, you may face severe consequences for a drug trafficking conviction. Speak with your lawyer about your case as soon as possible.
Marijuana
While there are only four specific groups, marijuana has its own category. The following are penalties for drug trafficking:
- Usable amount less than 2 ounces: Classified as a class B misdemeanor
- Between 2 to 4 ounces: Classified as a class A misdemeanor
- 4 ounces to 5 pounds: Classified as a state jail felony
- 5 lbs. to 50 lbs: Classified as a third-degree felony
- 50 lbs. to 2,000 lbs: Classified as a second-degree felony
- Over 2, 000 lbs: Classified as a first-degree felony
Handling a drug trafficking and distribution case without legal representation is dangerous and puts yourself and your rights at risk. Contact your lawyer as soon as possible to allow them time to investigate your case thoroughly.
Contact Sophia C. Martinez for an Experienced Texas Drug Trafficking & Distribution Lawyer
When you’re arrested for drug trafficking and distribution, you may not be aware of the legal consequences of the charge. Sophia C. Martinez understands the seriousness and will do everything in her power to provide you with the best possible outcome for your case.
Our team at Sophia Martinez Law has the knowledge, experience, tools and resources to build a strong defense strategy and fight for your rights. We offer our services in both English and Spanish, so you can feel confident in communicating your concerns and needs. Call (210) 226-3000 or fill out our contact form to schedule a consultation today.