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Drug Trafficking

The delivery, manufacture, or possession with intent to deliver an illegal drug is referred to as drug trafficking in Texas. Drug trafficking is a very serious offense. It carries heavy penalties including enormous fines and even possible incarceration. Many who face drug trafficking charges have added charges such as possession of drug paraphernalia.

A drug trafficking charge is a much more severe than possession. Texas prosecutors will accuse you of drug trafficking if you are in possession of a large quantity of a controlled substance. If you or someone you know has been charged with a drug offense, it is in your best interest to contact a defense attorney.

Defense Attorneys for Drug Trafficking in Collin County, TX

Drug trafficking charges can be difficult to handle. The state may employ a number of strategies to win a conviction for drug trafficking. It is important that you stay ahead of the prosecution. Hiring an criminal defense attorney can help you greatly increase the chances of reducing or dismissing your charges.

The attorneys at Law Offices of Richard C. McConathy are experienced at handling drug-related offenses throughout the Collin County area. When you have been criminally charged, you want an attorney who can be your partner. Our attorneys value honesty and determination with our cases. Find an attorney who puts you first with Law Offices of Richard C. McConathy.

Law Offices of Richard C. McConathy accepts clients throughout the greater Collin County area and nearby communities including Plano, McKinney, Frisco, Allen, and Murphy.

Call us today at (972) 805-8855, or simply submit online contact form today.

Overview of Drug Trafficking in Texas


Penalties for Drug Trafficking in Texas

It is an illegal offense to manufacture, deliver, or sell any illegal drug. Controlled substances are separated into four different penalty groups. These penalty groups are divided by the potential of abuse the drug can induce. The higher the penalty group, the higher the legal consequences are for trafficking the controlled substance.

Texas Penalties for Drug Trafficking a Penalty 3 & 4 Drug

Conviction of a trafficking a penalty group 3 or 4 drugs carries the lightest consequences on conviction. A penalty 3 or 4 drug is considered to be the safest to consume and has the lowest potential for abuse. Some penalty 3 or 4 substances are used in medicinal practices.

Substances in penalty group 3 include Methylphenidate, secobarbital pentobarbital, Phenmetrazine, barbituric acid, amobarbital, peyote, and anabolic steroids. On the other hand, substances in penalty group 4 include compounds containing buprenorphine, butorphanol, and narcotics with at least one nonnarcotic active medical ingredient.

The penalties for the manufacture or delivery of a penalty group 3 or 4 controlled substance includes:

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

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

First Degree Felony

Over 400 grams

10 to 99 years

Up to $100,000

 

Texas Penalties Drug Trafficking a Penalty 2 & 2-A Drug

A penalty group 2 or 2-A controlled substance is considered more serious than penalty group 3 and 4 substances. These drugs are considered to have a higher risk of abuse and have minimal medical benefits. Trafficking penalty group 2 or 2-A drugs have much more severe penalties than penalty group 3 or 4 drugs.

Controlled substances that are included in penalty group 2-A include synthetic chemical compounds that mimic the effects of naturally occurring cannabinoids. Some drugs included in penalty group 2 include DMT, MDMA, synthetic THC, mescaline, and phenylacetone.

The penalties for the manufacture or delivery of a penalty group 2 or 2-A controlled substance includes:

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

Group 2 or 2-A

State Jail Felony

Under 1 grams

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 400 grams

5 to 99 years

Up to $10,000

First-Degree Felony

Over 400 grams

10 to 99 years

Up to $100,000

 

Texas Penalties Drug Trafficking a Penalty 1-A Drug

Manufacturing, delivering, or selling a penalty 1-A drug has much more severe penalties than the penalties groups mentioned above. The substance included in penalty group 1-A is lysergic acid diethylamide (LSD). Take note, LSD is weighed in units and not grams. This is because the drug is typically taken in unit tabs.

The penalties for the manufacture or delivery of a penalty group 1-A controlled substance includes:

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

 

Texas Penalties Drug Trafficking a Penalty 1 Drug

Drugs included in penalty group 1 are considered the most dangerous. A penalty group 1 controlled substance is deemed to have the highest potential of abuse. No drugs in penalty 1 group are considered medicinal. A few substances included in penalty group 1 are heroin, opium, ketamine, oxycodone, and methadone.

The penalties for the manufacture or delivery of a penalty group 1 controlled substance includes:

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

Group 1

State Jail Felony

Under 1 gram

180 days to 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

 


Delivery of Marijuana in Collin County, Texas

Delivering marijuana is an illegal offense in the state of Texas. If the delivery is not for sale and the amount is less than one-quarter ounce, the penalty is a Class B misdemeanor. Additionally, if money is exchanged, the penalty is elevated to a Class A misdemeanor.

The penalties for delivering marijuana includes:

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

Life Felony

Over 2,000 lbs

10 to 99 years

Up to $100,000

 


Additional Resources


Texas Drug Statutes – Find more information regarding the penalty groups for controlled substances in Texas. Learn more about which drugs are in which category, controlled substance offenses, and penalties relating to those offenses. Read more about enhancements to penalties and benefit restrictions.

Texas Health and Safety Code § 481.114 – Visit the official website for Texas laws and regulations. Find more information on statutes regarding food, drugs, alcohol, and hazardous substances. Learn more about legal definitions, penalties, aggravating factors, and admissible defenses.


Lawyers for Drug Trafficking in Collin County, Texas

Are you struggling with a drug trafficking charge? It is highly recommended that you seek legal representation. A strategic attorney can assess your charges and evaluate the best possible option for your case. Do not face this problem alone. Contact an attorney at Law Offices of Richard C. McConathy today.

The attorneys at Law Offices of Richard C. McConathy excel at criminal defense. Through relentless effort, we obtain favorable results. Our attorneys understand court can be complex. We want to be your guide in this process. The attorneys at Law Offices of Richard C. McConathy will keep you informed every step of the way. Additionally, we will negotiate every legal option available to you to see what can help your case.

Stay ahead of your prosecutors. Law Offices of Richard C. McConathy represents those accused of controlled substance offenses at the Collin County Court of Law and nearby communities including McKinney, Murphy, Wylie, and Plano.

Contact us at  (972) 805-8855, or simply submit an online contact form to schedule a free consultation.


This article was last updated on December 14, 2015.

 

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