When Can a Person Be Charged With Drug Trafficking in Texas?

 Posted on May 14, 2021 in Criminal Defense

Criminal offenses involving controlled substances are taken very seriously by law enforcement officials and prosecutors. Different types of drug crimes may be charged depending on the types and amounts of drugs in a particular case, and the most serious offenses often involve drug trafficking. Those who have been arrested for drug-related offenses will want to understand when they may face these types of serious charges. By working with an experienced criminal defense attorney, they can determine their best options for defending against these charges.

Drug Trafficking Charges

A person may be charged with drug trafficking if they are accused of the following types of offenses:

• Drug manufacturing or delivery - The act of transferring controlled substances to someone else is referred to as “drug delivery,” and it may include selling drugs or offering them for sale. Drug trafficking charges may also apply if a person was involved in producing, preparing, processing, or packaging controlled substances.

• Transportation of drugs - Even if a person was not involved in the manufacturing or selling of controlled substances, they may face drug trafficking charges if they were found transporting drugs across significant distances. While transportation of drugs within the state of Texas may involve state-level criminal charges, transportation of drugs through multiple states or across international borders may result in federal drug charges.

• Possession with intent to distribute - While drug possession is a lesser charge than drug trafficking, a person who is found in possession of large quantities of drugs may face elevated charges. A person may also be charged with possession with intent if, in addition to controlled substances, they were in possession of packaging materials, scales, or other items involved in the manufacture or delivery of controlled substances.

The penalties for drug trafficking charges will depend on the types of drugs and the amounts found in a person’s possession. Drugs in Penalty Group 1, such as heroin, cocaine, or morphine, will result in the most serious penalties. For example, manufacturing or delivery of more than one gram of these substances is a second-degree felony under Texas law, and more than four grams will result in first-degree felony charges. 

If drug trafficking is charged as a federal crime, a person may face a lengthy prison sentence and large fines. For example, a conviction for trafficking of at least 100 grams of heroin, 500 grams of cocaine, or five grams of methamphetamine may result in a prison sentence of 5 to 40 years and a fine of up to $5 million. A conviction for trafficking of at least one kilogram of heroin, five kilograms of cocaine, or 50 grams of methamphetamine may result in a prison sentence of 10 years to life and a fine of up to $10 million.

Contact Our Collin County Drug Trafficking Defense Attorney

If you are facing drug charges at the state or federal level, The Crowder Law Firm, P.C. can provide you with a strong defense. With our experience in drug-related cases, we can help you determine your best options for avoiding a conviction or reducing the charges against you. Contact our Dallas drug crimes defense lawyer at 214-544-0061 to schedule your free consultation today.

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://www.law.cornell.edu/uscode/text/21/841