Austin Drug Trafficking Attorney

What Are the Penalties for Drug Trafficking in Texas?

In Texas, drug trafficking is always a felony. Thus, anyone accused could be facing at least 180 days in jail if charged with the lowest class of felony possible for drug trafficking. Additionally, they could be looking at steep fines.

In general, the potential penalties for felonies include the following:

• State Jail Felonies: 180 days to 2 years in state jail and/or up to $10,000 in fines
• Second-Degree Felonies: 2 to 20 years of imprisonment and/or up to $10,000 in fines
• First-Degree Felonies: 5 to 99 years of imprisonment and/or up to $10,000 in fines

Penalty Groups & Classes of Felony for Certain Drugs

The class of felony for drug trafficking in Texas depends on the Penalty Group the substance belongs to. Penalty Groups are Texas' controlled substances categories, separated by the severity and potential for abuse of the drugs. There are seven Penalty Groups, with Penalty Group 1 being the most serious and Penalty Group 4 being the least.

Penalty Group 1

Cocaine, Heroin, and Methamphetamine

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams
• First-Degree Felony: 4 grams or more but less than 200 grams

Trafficking in these or any other Penalty Group 1 substances can also lead to:

• 10 to 99 years or life imprisonment for 200 grams or more but less than 400 grams
• 15 to 99 years or life imprisonment for 400 grams or more\

Penalty Group 1-A

LSD

• State Jail Felony: Fewer than 20 abuse units
• Second-Degree Felony: 20 or more but fewer than 80 abuse units
• First-Degree Felony: 80 or more but fewer than 4,000 abuse units

Trafficking in LSD can also lead to:

• 15 to 99 years or life imprisonment for 4,000 or more abuse units

Penalty Group 1-B

Fentanyl

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams

Trafficking in fentanyl can also lead to:

• 10 to 99 years or life imprisonment for 4 grams or more but less than 200 grams
• 15 to 99 years or life imprisonment for 200 grams or more but less than 400 grams
• 20 to 99 years or life imprisonment for 400 grams or more

Penalty Group 2 & 2-A

MDMA (Ecstasy), Psilocybin, and compounds mimicking the effects of cannabinoids

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams
• First-Degree Felony: 4 grams or more but less than 400 grams

Trafficking in these or any other Penalty Group 2 or 2-A drugs can lead to:

• 10 to 99 years or life imprisonment for 400 grams or more

Penalty Group 3 & 4

Ritalin, Xanax, Peyote, substances with limited amounts of narcotics with non-narcotic active ingredients

• State Jail Felony: Less than 28 grams
• Second-Degree Felony: 28 grams or more but less than 200 grams
• First-Degree Felony: 200 grams or more but less than 400 grams

Trafficking in Penalty Group 3 or 4 substances can also lead to:

• 10 to 99 years or life imprisonment for 400 grams or more

Can You Beat a Drug Trafficking Charge in Texas?

Yes, you can fight your drug trafficking charge, and our Austin drug trafficking attorneys are here to help.

Common defenses include, but are not limited to, the following:

• Unlawful Search: This defense can be raised if the police searched your home, vehicle, or person without a warrant or other legal justification. If the search was unlawful, certain pieces of evidence may be deemed inadmissible.
• Entrapment: This defense argues that you committed the offense because law enforcement officials compelled you to do so. If it wasn't for coercion by authorities, you would not have engaged in the act.
• No Knowledge: This defense claims that you were not aware that a controlled substance was in your presence.

By exploring these defenses, we can work to challenge the prosecution's case and strive for the best possible outcome for you. Contact our attorneys at Smith & Vinson Law Firm to discuss your case and start building your defense.