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Amanda Hernandez
Chad P. Van Brunt
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Texas Criminal Procedure
Donald H. Flanary III
Chad P. Van Brunt of Counsel
Home Criminal Defense Drug Charges Drug Trafficking
The term "drug trafficking" refers to the manufacture, delivery, or possession with intent to deliver an illegal drug. A drug trafficking offense is very serious under Texas law. A person convicted of drug trafficking may have to face steep fines, possible incarceration, and a criminal record.
If law enforcement finds a large quantity of drugs, it is possible you will be charged with drug trafficking. It is common for police officers to assume you are selling or distributing with such a high amount. If you or someone you know has been charged with drug trafficking, it is vital that you seek a experienced defense attorney.
Drug Trafficking Defense Attorneys in San Antonio
Drug trafficking charges carry heavy penalties. It's important that you are aware of what may happen. Without a sturdy defense, you may have to face the maximum statutory penalties for drug trafficking. Do what is best for you and obtain trusted legal representation today.
Flanary Law Firm, PLLC is a group of attorneys with a strong focus on criminal defense. Our attorneys are knowledgeable of all types of drug offenses. We will use all possible resources to help you formulate a strong defense. Gain not just an attorney, but a legal partner. Contact the attorneys at Flanary Law Firm, PLLC now.
The attorneys at Flanary Law Firm, PLLC represent clients throughout the greater Bexar County area including Reeves County, Comal County, Kendall County, and Guadalupe County.
Call us now at (210) 319-4385 to schedule a free consultation.
Overview for Drug Trafficking Laws in Texas
Penalty Groups
Penalty Group 1 Penalties
Penalty Group 1-A Penalties
Penalty Group 2 & 2-A Penalties
Penalty Group 3 &4 Penalties
Texas Penalty Groups in San Antonio
The penalties for drug trafficking are dependent on the penalty group of the controlled substance. These penalty groups are divided by the medicinal value and risk of abuse by the illegal drug. In Texas, there are five penalty groups.
Penalty Group 1
Drugs in penalty group 1 have the highest risk of addiction. No drugs included in Penalty Group 1 have medicinal use. Some examples of Penalty Group 1 drugs include ketamine, oxycodone, methadone, marijuana, and methadone.
Penalty Group 1-A
Penalty group 1-A is reserved for the drug lysergic acid diethylamide (LSD). The substance is also weighed in units rather than grams. This is because the controlled substance is normally taken in tabs. LSD has a very high rate of abuse and no medical usage.
Penalty Group 2 & 2-A
Penalty group 2 or 2-A drugs have a high potential for addiction. Most of the controlled substances under Penalty Group 2 or 2-A are not considered medicinal. Some examples of a Penalty Group 2 or 2-A drug, include mescaline, MDMA, DMT, synthetic THC, and phenylacetone.
Penalty group 3 has drugs that are considered less dangerous in comparison to higher penalty groups. Some drugs in penalty group 3 have some medical value. Some examples of a penalty group 3 drugs include Alprazolam, Tramadol, and Barbital.
Drugs under penalty group 4 are considered the safest to consume. Most drugs under penalty group 4 are used for medical purposes. A few examples of a penalty group 4 include codeine, ethylmorphine, diphenoxylate. These drugs are considered penalty group 4 based on the amount of the controlled substance.
Penalties for Trafficking a Penalty Group 1 Drug
The following are the maximum penalties for the manufacture or delivery of a penalty group 1 drug:
Penalty Group Sentence Weight (Grams) Prison Term Maximum Fine
Group 1 State Jail Felony Under 1 gram 180 days – 2 years Up to $10,000
Second-Degree Felony 1 to 4 grams 2 to 20 years Up to $10,000
First-Degree Felony 4 to 200 grams 5 to 99 years Up to $10,000
First-Degree Felony 200 to 400 grams 10 to 99 years Up to $100,000
First-Degree Felony Over 400 grams 15 to 99 years Up to $250,000
Texas Penalties for Trafficking a Penalty Group 1-A Drug
Penalty Group 1-A is reserved for lysergic acid diethylamide (LSD). Take note, LSD is weighed in units and not grams. LSD is typically taken in unit tabs.
The penalty for manufacture or delivery of a Penalty Group 1-A include:
Penalty Group Sentence Units Prison Term Maximum Fine
Group 1-A State Jail Felony Under 20 units 180 days – 2 years Up to $10,000
Second-Degree Felony 20 to 80 units 2 to 20 years Up to $10,000
First-Degree Felony 80 to 4,000 units 5 to 99 years Up to $10,000
First-Degree Felony Over 4,000 units 15 to 99 years Up to $250,000
Penalties for Trafficking a Penalty 2 or 2-A Group Drug in Texas
The penalties for trafficking a Penalty Group 2 drug include:
Group 2 or 2-A State Jail Felony Under 1 grams 180 days – 2 years Up to $10,000
Penalties for a Penalty Group 3 & 4 Drug under Texas Law
The penalty for trafficking a Penalty Group 3 or 4 drugs includes:
Group 3 or 4 State Jail Felony Under 28 grams 180 Days – 2 Years Up to $10,000
Second-Degree Felony 28 to 200 grams 2 to 20 years Up to $10,000
First-Degree Felony 200 to 400 grams 5 to 99 years Up to $10,000
Delivery of Marijuana in Bexar County, Texas
In Texas, it is a crime to deliver marijuana. If the delivery is not in exchange for something of value and is less than one-quarter ounce, it is a Class B misdemeanor. However, if the exchange was of something of value, such as money, and less than one-quarter ounce, the crime will be elevated to a Class A misdemeanor.
The penalties for delivering marijuana in Texas include:
Penalty Group Sentence Weight Prison Term Maximum Fine
Marihuana Class B Misdemeanor 1/4 oz or less;
does not receive remuneration Up to 180 days Up to $2,000
Class A Misdemeanor Under 1/4 oz;
does receive remuneration Up to 12 months Up to $4,000
State Jail Felony 1/4 oz to 5 lbs 180 days to 2 years Up to $10,000
Second-Degree Felony 5 to 50 lbs 2 to 20 years Up to $10,000
First-Degree Felony 50 to 2,000 lbs 5 to 99 years Up to $10,000
Capital Felony Over 2,000 lbs 10 to 99 years Up to $100,000
Texas Drug Laws – Visit the official website for the Texas legislation and regulation. Find more information regarding penalty groups, other controlled substance offenses, and the various penalties.
SAMHSA – Visit the official website for the Substance Abuse and Mental Health Services Administration. Find more information regarding their national helpline, hours of operation, and gain access to helpful resources for those struggling with drug abuse.
Drug Trafficking Lawyer in San Antonio, Texas
Drug trafficking is a serious offense under Texas law. If you have been charged with trafficking an illegal substance, it is vital that you seek trusted legal representation. A skilled attorney can file motions, suppress evidence, and collect evidence for your case.
Make the first steps of your defense today. Contact the attorneys at Flanary Law Firm, PLLC, and gain a legal partner in your case. The attorneys at Flanary Law Firm, PLLC are experienced in all types of Texas drug laws. We understand that charges can be overwhelming. Let us guide you through this. Call us now at (210) 319-4385 for a free consultation.
The attorneys at Flanary Law Firm, PLLC defend clients throughout the greater San Antonio area including Live Oak, Converse, Helotes, Windcrest, and Kirby.
This article was last updated on September 27, 2018.
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