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Collin County Drug Trafficking Defense Attorneys

Drug trafficking charges in Texas are serious and complex, often involving multiple layers of state and federal law. Attempting to navigate this intricate legal maze alone can lead to disastrous results. Misunderstanding the charges against you, the legal procedures involved, or the potential consequences of your decisions could lead to you spending decades behind bars.

With your freedom at stake, you need help from the team at Rosenthal Kalabus & Therrian. Our Collin County drug offense lawyers don’t just know the law; they live it. Our attorneys are skilled in interpreting legislation, analyzing evidence, and crafting strong, persuasive defenses. Their goal? To protect your rights, ensure you’re treated fairly throughout the process, and fight tirelessly for the best possible outcome in your case.

Don’t face these charges alone. Ensure you have a quality advocate on your side by calling (972) 369-0577 or contacting us online for a case evaluation.

Texas Drug Trafficking Laws

The Texas Controlled Substances Act does not specifically list “drug trafficking” as an offense. That said, drug trafficking is generally understood as manufacturing, delivering, or possessing illegal substances with the intent to deliver them, which is illegal in Texas. In certain instances, possessing a large amount of a drug is enough to charge someone with trafficking, even if they didn’t intend to sell it.

Penalties for Drug Trafficking in Texas

One key reason to hire a lawyer if the police have accused you of drug trafficking is that the penalties vary widely, depending on the drug and how you had in your possession. Generally speaking, these are the baseline penalties for drug trafficking in Texas, based on the amount of the drug you had:

Penalty Group 1

This group includes cocaine, heroin, oxycodone, opium, methadone, methamphetamine, ketamine, GHB, and Rohypnol.

  • Less than one gram – State jail felony. Penalties include between 180 days and two years in jail and a maximum fine of $10,000.
  • More than one gram but less than four grams – Second-degree felony. Penalties include up to 20 years in prison and a maximum fine of $10,000.
  • More than four grams but less than 200 grams – First-degree felony. Penalties include up to 99 years in prison and a maximum fine of $10,000.
  • More than 200 grams but less than 400 grams – Possible life sentence and a maximum fine of $100,000.
  • More than 400 grams – Possible life sentence and a maximum fine of $250,000.

Penalty Group 1-A

This group includes LSD and certain substances derived from similar chemicals. Unlike most other drugs listed here, the penalties for trafficking these substances are based on the number of individual “abuse units” instead of weight.

  • Fewer than 20 units – State jail felony. Penalties include between 180 days and two years in jail and a maximum fine of $10,000.
  • 20-79 units – Second-degree felony. Penalties include up to 20 years in prison and a maximum fine of $10,000.
  • 80-3,999 units – First-degree felony. Penalties include up to 99 years in prison and a maximum fine of $10,000.
  • 4,000 or more units – Possible life sentence and a maximum fine of $250,000.

Penalty Group 1-B

This group includes fentanyl and its derivatives.

  • Less than one gram – Less than one gram – State jail felony. Penalties include between 180 days and two years in jail and a maximum fine of $10,000.
  • More than one gram but less than four grams – Second-degree felony. Penalties include up to 20 years in prison and a maximum fine of $10,000.
  • More than four grams but less than 200 grams – Minimum of 10 years in prison, possible life sentence. Maximum fine of $20,000.
  • More than 200 grams but less than 400 grams – Minimum of 15 years in prison, possible life sentence. Maximum fine of $200,000.
  • More than 400 grams – Minimum of 20 years in prison, possible life sentence. Maximum fine of $500,000.

Marijuana

Marijuana (or “marihuana,” as it’s called in the statutes) has its own category in the Texas Controlled Substances Act. The penalties for trafficking marijuana are based on weight and break down as follows:

  • One-fourth ounce or less and you did not receive money – Class B misdemeanor. Penalties include up to 180 days in jail and a maximum fine of $2,000.
  • One-fourth ounce or less and you did receive money – Class A misdemeanor. Penalties include up to one year in jail and a maximum fine of $4,000.
  • More than one-fourth ounce but less than five pounds – State jail felony. Penalties include between 180 days and two years in jail and a maximum fine of $10,000.
  • More than five pounds but less than 50 pounds – Second-degree felony. Penalties include up to 20 years in prison and a maximum fine of $10,000.
  • More than 50 pounds but less than 2,000 pounds – First-degree felony. Penalties include up to 99 years in prison and a maximum fine of $10,000.
  • More than 2,000 pounds – Minimum of 10 years in prison, possible life sentence. Maximum fine of $100,000.

There are other penalty groups under the Texas Controlled Substances Act, but they involve less common drugs. If you’re facing trafficking charges in Texas, these are the likely penalties.

Defenses to Drug Trafficking Charges

Facing drug trafficking charges can be daunting, but there are several effective defense strategies that experienced defense lawyers can employ to challenge these charges. Here are some common ones:

  • Challenging the legality of the police search
  • Questioning whether the drugs were in your possession
  • Disputing the intent to deliver
  • Arguing the government induced you to commit the crime
  • Attacking the credibility of informants or witnesses

Drug trafficking charges in Texas are a serious matter with potentially life-altering consequences. But remember, facing charges is not the same as being convicted. An attorney with experience handling Texas drug cases can explain your charges, the potential penalties, and your legal rights. Our attorneys can evaluate the evidence and develop a robust, personalized defense strategy, which may include challenging evidence, questioning procedures, and poking holes in the prosecution’s arguments.

Facing trafficking charges alone is not an option. Get your consultation today by calling (972) 369-0577 or completing our contact form.

Written by: Rosenthal Kalabus & Therrian Last Updated : August 11, 2023