Drug trafficking investigations are often lengthy operations, as infiltrating a drug trafficking ring and identifying its members is time-consuming for investigators.
Case-in-point? Eight people were recently arrested in a Coryell County drug trafficking investigation. When did it begin? In 2009.
Similarly, 21 people were recently arrested in El Paso as a part of an investigation that began two years ago.
These incidents illustrate that drug trafficking charges can be pressed many years after the actual offense. In other words, you might not be safe just because nothing has happened yet.
Let’s look into the law a bit deeper.
Texas Drug Trafficking Laws and Penalties
Texas drug trafficking laws and penalties are laid out in the Texas Controlled Substances Act. The type of charge and the severity of the penalties for Texas drug trafficking will depend on the nature and amount of the substance in question.
Below we have included the sentencing and penalties for the three most common penalty groups.
Penalty Group 1
Penalty group 1 (PG1) includes highly dangerous and addictive substances including heroin, opium, and most of its derivatives – cocaine, methamphetamines, and ketamine.
Sentencing and penalties for trafficking of PG1 substances are as follows:
- Less than 1 gram: State jail felony punishable by 180 days-2 years in state jail and a fine of up to $10,000
- 1-4 grams: Second-degree felony punishable by 2-20 years’ incarceration and a fine of up to $10,000
- 4-200 grams: First-degree felony punishable by 5-99 years’ incarceration and a fine of up to $10,000.
- 200-400 grams: Enhanced First-degree felony punishable by 10-99 years’ incarceration and a fine of up to $10,000
- Over 400 grams: Enhanced First-degree felony punishable by 15-99 years’ incarceration and a fine of up to $10,000
Penalty Group 1A
The most common drug in Penalty Group 1A (PG1A) is LSD, or “acid” and its derivatives.
Sentencing and penalties for trafficking of PG1A substances are as follows:
- Less than 20 units: State jail felony punishable by 180 days-2 years in state jail and a fine of up to $10,000
- 2-80 units: Second-degree felony punishable by 2-20 years’ incarceration and a fine of up to $10,000
- 80-400 units: First-degree felony punishable by 5-99 years’ incarceration and a fine of up to $10,000.
- Over 400 units: Enhanced First-degree felony punishable by 10-99 years’ incarceration and a fine of up to $10,000
Marijuana
Although medical and/or recreational marijuana have been legalized or decriminalized in many states, marijuana is still very much illegal in Texas.
Sentencing and penalties for marijuana trafficking are as follows:
- ¼ ounce or less and no money received: Class B misdemeanor punishable by up to 180 days in state jail and a fine of up to $2,000
- ¼ ounce or less and money is received: Class A misdemeanor punishable by up to one year in state jail and a fine of up to $4,000
- ¼ ounce-5 pounds: State jail felony punishable by 180 days-2 years in state jail and a fine of up to $10,000
- 5-50 pounds: Second-degree felony punishable by 2-20 years’ incarceration and a fine of up to $10,000
- 40-2000 pounds: First-degree felony punishable by 5-99 years’ incarceration and a fine of up to $10,000.
- Over 2000 pounds: Enhanced First-degree felony punishable by 10-99 years’ incarceration and a fine of up to $10,000
Concerned About Potential Drug Trafficking Charges?
The moral of the story is that you can potentially be under investigation for drug trafficking a long time before charges are ever pressed, so you should never assume that nothing bad will happen just because it hasn’t yet.
Further, Texas is one of the toughest states in the nation for drug crimes, so drug trafficking charges of any kind, regardless of the type and amount of substance, are likely to result in lengthy prison sentences and hefty fines.
We find that many visitors to our site are concerned about charges they may be facing, or doing research out of concern for a friend or loved one. If you or a loved one are concerned about potential or current drug crime charges, it is imperative to take this matter seriously.
Start by consulting with a skilled Fort Worth criminal defense attorney. He or she can advise you of the best course of action for your situation, and if you are facing charges, will work tirelessly to ensure the best possible outcome for your case.
About the Author:
After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. His skill has earned him recognition from the National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Attorney in Criminal Defense, Top Attorney in DUI & DWI, 10/10 Superb Rating), and he is Lead Counsel rated.
