Drug trafficking crimes are some of the most serious criminal offenses a person can face relating to controlled substances, and these kinds of drug crimes are often dependent on the amount of a drug involved in an alleged offense. Depending on the amount of a drug that an alleged offender is found with, it may be possible for a person to face either state charged in a court in Texas or possibly federal charges in more serious cases.
A “drug trafficking offense” is defined as “an offense under federal, state, or local law that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense” under federal guidelines from the United States Sentencing Commission. Similar language is also used in the Texas Health and Safety Code although there are no references to trafficking.
Drug Trafficking Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged drug trafficking offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.
Our firm knows how to develop an aggressive defense against all kinds of drug charges and we will work tirelessly to help you achieve the most favorable possible outcome to your case. Call (940) 222-8004 or contact us online right now to get your own free consultation that will let us take a deep dive into your case and begin work on defending you in court.
Texas Drug Trafficking Penalties
Controlled substances are divided into different penalty groups in Texas, with marijuana (referred to in the Texas Health and Safety Code as “marihuana”) being in its own penalty group. Under Texas Health and Safety Code §§ 481.102-481.105, Penalty Group 1 includes:
- Cocaine
- Flunitrazepam (Rohypnol)
- Methamphetamine
- Gamma hydroxybutyric acid (gamma hydroxybutyrate, GHB)
- Ketamine
- Phencyclidine (PCP)
- Phenylacetone
- Methylamine (when possessed together with the intent to manufacture methamphetamine)
- Opium
Penalty Group 1-A includes lysergic acid diethylamide (LSD) and several other chemical compounds. Penalty Group 2 includes:
- 3,4-methylenedioxy methamphetamine (MDMA, Molly, or Ecstasy)
- 3,4-methylenedioxypyrovalerone (MDPV)
- Mescaline
- Psilocybin
Penalty Group 2-A includes synthetic cannabinoids and any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance. Penalty Group 3 includes:
- Diazepam (Valium)
- Alprazolam (Xanax)
- Methylphenidate (Ritalin)
Penalty Group 4 includes materials, compounds, mixtures, or preparations containing any quantity of buprenorphine, butorphanol, pyrovalerone, or other enumerated narcotic drugs. Texas drug trafficking crimes are then broken down by the penalty group that a criminal offense is classified under.
Manufacture or Delivery of Penalty Group 1 Controlled Substance, Health and Safety Code § 481.112
- Less than 1 gram — State Jail Felony punishable by up to two years in state jail and/or a fine of up to $10,000
- 1 gram or more but less than 4 grams — Second-Degree Felony punishable by up to 20 years in prison and/or a fine of up to $10,000
- 4 grams or more but less than 200 grams — First-Degree Felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
- 200 grams or more but less than 400 grams — Punishable by minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000
- 400 grams or more — Punishable by minimum of 15 years up to life or 99 years in prison and a fine of up to $250,000
Manufacture or Delivery of Penalty Group 1-A Controlled Substance, Health and Safety Code § 481.1121
- Fewer than 20 abuse units — State Jail Felony punishable by up to two years in state jail and/or a fine of up to $10,000
- 20 or more but fewer than 80 abuse units — Second-Degree Felony punishable by up to 20 years in prison and/or a fine of up to $10,000
- 80 or more but fewer than 4,000 abuse units — First-Degree Felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
- 4,000 or more abuse units — Punishable by minimum of 15 years up to life or 99 years in prison and a fine of up to $250,000
Manufacture or Delivery of Penalty Group 2 or 2-A Controlled Substance, Health and Safety Code § 481.113
- Less than 1 gram — State Jail Felony punishable by up to two years in state jail and/or a fine of up to $10,000
- 1 gram or more but less than 4 grams — Second-Degree Felony punishable by up to 20 years in prison and/or a fine of up to $10,000
- 4 grams or more but less than 400 grams — First-Degree Felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
- 400 grams or more — Punishable by minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000
- Manufacture or Delivery of Penalty Group 3 or 4 Controlled Substance, Health and Safety Code § 481.114
- Less than 28 grams — State Jail Felony punishable by up to two years in state jail and/or a fine of up to $10,000
- 28 grams or more but less than 200 grams — Second-Degree Felony punishable by up to 20 years in prison and/or a fine of up to $10,000
- 200 grams or more but less than 400 grams — First-Degree Felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000
- 400 grams or more — Punishable by minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000
Federal Drug Trafficking Penalties in Denton, TX
The Drug Enforcement Administration (DEA) establishes that drugs, substances, and certain chemicals used to make drugs are classified into five distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential.
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Examples of Schedule I drugs include:
- Heroin
- Lysergic acid diethylamide (LSD)
- Marijuana (cannabis)
- 3,4-methylenedioxymethamphetamine (ecstasy)
- Methaqualone
- Peyote
Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs include:
- Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin)
- Cocaine
- Methamphetamine
- Methadone
- Hydromorphone (Dilaudid)
- Meperidine (Demerol)
- Oxycodone (OxyContin)
- Fentanyl
- Dexedrine
- Adderall
- Ritalin
Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs include products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.
Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol. Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics.
Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.
Federal penalties are a minimum of five years up to 40 years in prison but a minimum of 20 years up to life if there is death or serious injury involved in the case as well as a fine of up to $5 million for an individual and $25 million if not an individual when a drug trafficking case involves:
- 500–4999 grams mixture of Cocaine (Schedule II)
- 28–279 grams mixture of Cocaine Base (Schedule II)
- 40–399 grams mixture of Fentanyl (Schedule II)
- 10–99 grams mixture of Fentanyl Analogue (Schedule I)
- 100–999 grams mixture of Heroin (Schedule I)
- 1–9 grams mixture of LSD (Schedule I)
- 5–49 grams pure or 50–499 grams mixture of Methamphetamine (Schedule II)
- 10–99 grams pure or 100–999 grams mixture of PCP (Schedule II)
The federal penalties are a minimum of 10 years up to life in prison but a minimum of 20 years up to life if there is death or serious injury involved in the case as well as a fine of up to $10 million for an individual and $50 million if not an individual when a drug trafficking case involves:
- 5 kilograms or more mixture of Cocaine (Schedule II)
- 280 grams mixture of Cocaine Base (Schedule II)
- 400 grams mixture of Fentanyl (Schedule II)
- 100 grams mixture of Fentanyl Analogue (Schedule I)
- 1 kilogram mixture of Heroin (Schedule I)
- 10 grams mixture of LSD (Schedule I)
- 50 grams pure or 500 grams mixture of Methamphetamine (Schedule II)
- 100 grams pure or 1 kilogram mixture of PCP (Schedule II)
Other drug trafficking crimes are broken down as follows:
- For all other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) and flunitrazepam (Schedule IV), any amount will be punishable on the first offense by not more than 20 years in prison or a minimum of 20 years up to life in prison if there is death or serious injury and a fine of $1 million if an individual or $5 million if not an individual. A second or subsequent offense becomes punishable by up to 30 years in prison or life in prison if there is death or serious injury and a fine of $2 million if an individual, $10 million if not an individual.
- For other Schedule III drugs, first offense for any amount is not more than 10 years in prison or a maximum of 15 years in prison if there is death or serious injury and a fine of not more than $500,000 if an individual, $2.5 million if not an individual. A second or subsequent offense is punishable by not more than 20 years in prison or a maximum of 30 years in prison if death or serious injury results and a fine of not more than $1 million if an individual, $5 million if not an individual.
- For all other Schedule IV drugs in any amount, a first offense is punishable by not more than five years in prison and a fine of not more than $250,000 if an individual, $1 million if not an individual. Second or subsequent offenses are punishable by not more than 10 years in prison and a fine of not more than $500,000 if an individual, $2 million if other than an individual.
- For flunitrazepam (Schedule IV) offenses involving amounts other than 1 gram or more and all Schedule V drug offenses, first offenses are punishable by not more than one year in prison and a fine of not more than $100,000 if an individual, $250,000 if not an individual. Second offenses are punishable by not more than four years in prison and a fine of not more than $200,000 if an individual, $500,000 if not an individual.
Texas Drug Trafficking Resources
North Texas High Intensity Drug Trafficking Area Drug Market Analysis — View this document from the United States Department of Justice. According to the report, Denton had two methamphetamine laboratory seizures, one in 2005 and one in 2007. Denton also saw increased amounts of cocaine (powder and crack) seized between 2005 and 2007.
Denton police seize nearly 600 pounds of liquid methamphetamine — View a Denton Chronicle-Record story about a man arrested for manufacturing and delivery of a controlled substance over 400 grams, a first-degree felony, after the special investigative unit of the Denton Police Department seized 596.3 pounds of liquid methamphetamine in a traffic stop. He was held in the Denton City Jail on a $500,000 bond. A spokeswoman for the police said police pulled over a black GMC Envoy traveling southbound on Interstate 35E just north of North Texas Boulevard for a broken passenger brake light on the suspicion it could be transporting drugs, and a police canine walked around and sniffed the car, alerting officers to drugs in the vehicle that included 12 large containers of the drug in the car, varying from 41.3 to 53.9 pounds each.
Find A Denton County Defense Attorney for Drug Trafficking Charges | Law Offices of Richard C. McConathy
Are you currently facing criminal charges relating to an alleged drug trafficking crime in Little Elm, Corinth, Lewisville, or another community in Denton County? The Law Offices of Richard C. McConathy can be by your side the entire time that you are in court and will fight for your freedom.
Our firm knows how to deal with prosecutors handling drug cases and we will be certain to examine every single defense applicable to your case. You can have us take a look at your case and discuss your options more when you call (940) 222-8004 or contact us online to schedule a free consultation.