Drug trafficking charges are taken very seriously in the state of Texas and can lead to severe penalties and fines. If you find that you are facing drug trafficking charges, you will want to understand what these charges mean and how they can impact your life. The first step you should take is to hire an experienced criminal defense attorney to represent your case.

Drug trafficking charges in Texas are pretty complex, and an attorney can represent you and help you navigate this process. At The Law Offices of Keith G. Allen, PLLC, our attorneys are committed to providing our clients with experienced legal representation to ensure their rights are upheld.

Understanding Texas Drug Trafficking Laws

In the state of Texas, drug trafficking is a violation of the Texas Controlled Substances Act. The term drug trafficking means to distribute or deliver illicit drugs.

In order to face drug trafficking charges in Texas, a person has to be caught in the act of knowingly delivering or distributing marijuana, illicit drugs, or controlled substances. Here are some examples of common substances that fall into the category of illicit or controlled substances:

• Heroin
• Cannabis
• Cocaine
• Opium
• LSD
• Ketamine
• Ecstasy
• Bath salts
• Speed
• PCP

Texas Drug Categories

Like most other states, Texas has different classifications or penalty groups that drugs can fall into. This is important because penalty groups will dictate the type of repercussions you could face for drug trafficking charges. Here are the penalty groups you will need to know about:

• Penalty Group 1: This penalty group includes ten different subcategories that come with a higher risk of chemical dependency. Examples of penalty group one drugs include cocaine, heroin, and oxycodone.
• Penalty group 1-A: This penalty group includes LSD, salt, and other hallucinogenic drugs.
• Penalty Group 2: This penalty group covers a more extensive list of prohibited chemicals that are at a higher risk of abuse and addiction. The most notable drugs on this list include synthetic THC and PHP.
• Penalty Group 3: This drug group includes substances often used in the medical field that have a high risk of abuse and addiction. This includes prescription medications like testosterone, Xanax, and Clonazepam.
• Penalty Group 4: This group is the least severe category as it contains drugs that are safer to consume and used medicinally. Examples of this include codeine and Buprenorphine. 

Drug Trafficking Penalties 

Drug trafficking charges in Texas are entirely dependent on the group the drugs fall into, which is why drug trafficking charges can feel quite confusing. Here is a breakdown of drug trafficking penalties.

Group 1

• Under 1 g: Possession is a state jail felony and can result in 180 days to two years in jail and a fine of up to $10,000.
• 1 to 4 g: Possession is a second-degree felony that can result in 2 to 20 years in jail and a fine of up to $10,000.
• 4 to 200 g: Possession is a first-degree felony punishable between five and 99 years in prison with a fine of up to $10,000.
• 200 to 400 g: Possession is a first-degree felony punishable between 10 to 99 years in jail with a fine of up to $100,000.
• Over 400 g: Possession is a first-degree felony punishable by 15 to 99 years in jail and a fine of up to $250,000.

Group 1-A

• Under 20 units: Possession is a state jail felony resulting in 180 days to two years in jail and a fine of up to $10,000
• 20 to 80 units: Possession is a second-degree felony punishable between 2 to 20 years in prison and a fine of up to $2000.
• 80 to 4000 units: Possession is a first-degree felony punishable between 5 to 99 years in jail and a fine up to $10,000.
• Over 4000 units: Possession is a first-degree felony that comes with a 15 to 99-year jail sentence and a fine of up to $250,000.

Group 2

• Under 1 g: Possession is a state jail felony that comes with 180 days to two years in jail and up to $10,000 in fines.
• 1 to 4 g: Possession is a second-degree felony punishable between 2 to 20 years in prison and a fine of up to $2000.
• 4 to 400 g: Possession is a first-degree felony that comes with between 5 to 99 years in jail and up to $10,000 in fines.
• Over 400 g: Possession is a first-degree felony punishable between 10 to 9 years in prison and up to $100,000 in fines.

Group 3 and 4

• Under 28 g: Possession is a state jail felony punishable between 180 days to two years in jail and up to $10,000 in fines.
• 28 to 200 g: Possession is a second-degree felony punishable by 2 to 20 years in jail and up to $10,000 in fines.
• 200 to 400 g: Possession is a first-degree felony punishable by 5 to 9 years in prison and up to $10,000 in fines.
• Over 400 g: Possession is a first-degree felony punishable by 10 to 9 years in jail and up to $100,000 in fines.

Potential Defenses

Wondering how to get a drug trafficking charge dismissed? The first thing you need to do is hire a dependable criminal defense attorney who can represent your case. There are several defense strategies they could use, including an illegal search and seizure defense.

Your attorney could argue that law enforcement did not uphold your rights during the investigation or illegally searched you for drugs. They could also use the defense that you were not aware that you were in possession of the drugs or that you did not realize they were drugs.

For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC

Depending on the type of drug trafficking charges you are facing, the penalties can be life-altering. Because of this, you need to understand what these charges mean and how to beat a drug trafficking charge with the help of a qualified attorney.

At The Law Offices of Keith G. Allen, PLLC, our criminal defense attorneys have handled multiple types of cases in Pearland and Brazoria County. For empathetic and dedicated legal representation, contact us today at 832-230-0075 for a free consultation regarding your case.