Drug Trafficking
Manufacturing, delivering, or distributing a controlled substance is known as drug trafficking in the state of Texas. The crime is incredibly serious and carries heavy penalties upon conviction. Some of these penalties include possible time in jail or prison, steep court fines, and probation.
Law enforcement will often charge individuals with drug trafficking after discovering a large quantity of drugs. This is especially true if drug trafficking paraphernalia was present including plastic baggies to store drugs and scales to weigh them. Officers may also rely on observations during stakeouts to determine if a drug trafficking scheme is occurring. Some observations that may stand out to officers include having frequent trips in the house by random visitors and strangers leaving the house with bags they never entered with.
If you or someone you know has been arrested for drug trafficking, we highly encourage you to secure legal representation as soon as possible.
Houston Drug Trafficking Lawyer | Harris County, Texas
Were you recently investigated or arrested for drug trafficking in the state of Texas? If so, its within your best interest to obtain legal representation as soon as possible. Brian Benken of The Benken Law Firm has decades of experience representing people accused of drug crimes including trafficking, manufacturing, and distribution. He can assess the facts of your case and use his skills to develop a sturdy defense plan for your charges.
Call The Benken Law Firm today at (713) 223 - 4051 to set up your first consultation free of charge. The Benken Law Firm accepts clients throughout all parts of Harris County and Houston.
Information Center:
- Texas Penalty Groups
- Penalties for Trafficking Group 3 or 4 Controlled Substances
- Penalties for Trafficking Group 2 or 2-A Controlled Substances
- Penalties for Trafficking LSD
- Penalties for Trafficking Group 1 Controlled Substances
- Additional Resources
What Are the Penalty Groups in Texas?
In Texas, controlled substances are categorized into different penalty groups. These groups are based on the drug’s potential for addition as well as its current medical usage. The state of Texas has four established penalty groups and the higher the number is the lighter the penalties are for possession, trafficking, or manufacturing that drug. Texas courts often use these groups to determine the penalties for drug crimes.
- Penalty Group I
- Drugs under the first penalty group in Texas have the highest risk of chemical dependency and have little to no medical use. Some examples of a penalty group 1 drug include ketamine, methadone, and oxycodone.
- Penalty Group I-A
- Lysergic acid diethylamide (LSD) is the only drug included under the penalty group I-A. The controlled substance has little to no use in the medical field and can result in long-lasting health effects.
- Penalty Group II and II-A
- Penalty group II drugs have a relatively high risk for addiction but do have a medical purpose. Some examples of penalty group II drugs include MDMA, synthetic THC, mescaline, and phenylacetone.
- Penalty Group III
- The controlled substances under penalty group III are slightly addictive and are routinely used in the medical field. Some examples of penalty group III drugs include Barbital, Tramadol, and Alprazolam.
- Penalty Group IV
- All drugs under penalty group IV are technically safe to consume on a consistent basis and are used medicinally. Some examples of penalty group IV drugs include codeine, ethylmorphine, and diphenoxylate.
Penalty Trafficking Penalty Group 3 & 4 Drugs
| Group | Offense Classification | Weight of the Drugs (Grams) | Maximum Prison or Jail Sentence | Possible Maximum Fine |
| Group 3 or 4 | State Jail Felony | < 28 grams | 180 Days – 2 Years | $10,000 |
| Second-Degree Felony | 28- 200 grams | 20 years | $10,000 | |
| First-Degree Felony | 200 – 400 grams | 99 years | $10,000 | |
| First-Degree Felony | > 400 grams | 99 years | $100,000 |
Penalty Trafficking Penalty Group 2 & 2-A Drugs
| Group | Offense Classification | Weight of the Drugs (Grams) | Maximum Jail or Prison Term | Possible Maximum Fine |
| Group 2 or 2-A | State Jail Felony | < 1 grams | 180 days – 2 years | $10,000 |
| Second-Degree Felony | 1 – 4 grams | 20 years | $10,000 | |
| First-Degree Felony | 4 – 400 grams | 99 years | $10,000 | |
| First-Degree Felony | > 400 grams | 99 years | $100,000 |
Penalty for Trafficking LSD in Texas
The only substance in penalty group I-A is lysergic acid diethylamide (LSD). The substance is not measured in grams but is instead calculated in units as the drug is taken in unit tabs. The following chart established the maximum penalties you may receive for trafficking LSD.
| Group | Offense Classification | Units of LSD | Maximum Jail or Prison Term | Possible Maximum Fine |
| Group 1-A | State Jail Felony | < 20 units | 180 days – 2 years | $10,000 |
| Second-Degree Felony | 20 – 80 units | 20 years | $10,000 | |
| First-Degree Felony | 80 – 4,000 units | 99 years with a minimum of 5 years | $10,000 | |
| First-Degree Felony | > 4,000 units | 99 years with a minimum of 15 years | $250,000 |
Penalty for Trafficking Penalty Group 1 Drugs
| Group | Offense Classification | Weight of the Drugs (Grams) | Maximum Prison or Jail Sentence | Possible Maximum Fine |
| Group 1 | State Jail Felony | < 1 gram | 180 days – 2 years | $10,000 |
| Second-Degree Felony | 1 – 4 grams | 20 years | $10,000 | |
| First-Degree Felony | 4 – 200 grams | 99 years | $10,000 | |
| First-Degree Felony | 200 – 400 grams | 99 years | $100,000 | |
| First-Degree Felony | > 400 grams | 99 years | $250,000 |
Additional Resources
Texas Drug Trafficking Laws – Visit the official website for the Texas Penal Code and find more information regarding drug offenses including drug trafficking. Access the site to learn what constitutes as drug trafficking in Texas, the penalties upon conviction, and possible admissible defenses you may be able to utilize in court.
Quick Facts on Drug Trafficking in Texas– Visit the official website for the United States Sentencing Commission to view a PDF detailing quick facts about drug trafficking sentencing under federal jurisdiction. Access the PDF to view the brief compilation of useful data on Drug Trafficking convictions in federal courts and read insights by USSC into offenders’ demographics and drug prevalence.
Houston Attorney for Drug Trafficking, Texas | Sale or Distribution of Drugs
If you or someone you know has been arrested for drug trafficking in the state of Texas, it’s within your best interest to obtain legal counsel. Attorney Benken is an experienced criminal defense attorney with a heavy focus in drug crimes. He can assess the facts of your case and help you understand all your legal options. If you retain him, he will develop an efficient and effective defense plan tailored to your case.
Call The Benken Law Firm today to set up your first consultation for free.
