Drug Trafficking

Drug Trafficking

 

The manufacture, delivery, or possession with intent to deliver an illegal drug is referred to as drug trafficking, and, for most illegal substances, carries a felony sentence in Texas.

 

Drug trafficking is a more serious violation than possession and requires a greater burden of proof. Texas prosecutors will target a conviction for drug trafficking if they believe you are in possession of a large quantity of a controlled substance and/or if they believe you to have paraphernalia common to distribution. The State may employ any number of strategies to win a conviction on drug trafficking, and a robust legal defense will find the flaws in their assumptions at every possible turn.

 

Texas Drug Trafficking Offenses

 

  • Manufacture or Delivery of Substance in Penalty Group 1
  • Manufacture or Delivery of Substance in Penalty Group 1-A
  • Manufacture of Substance in Penalty Group 1: Presence of Child
  • Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
  • Manufacture or Delivery of Substance in Penalty Group 3 or 4
  • Manufacture, Delivery, or Possession of Miscellaneous Substances
  • Delivery of Marihuana
  • Delivery of Controlled Substance or Marihuana to Child
  • Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance
  • Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment
  • Delivery of Drug Paraphernalia
  • Transfer of Precursor Substance for Unlawful Manufacture
  • Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

 

Texas Health & Safety § 481.112

 

Manufacture or Delivery of Substance in Penalty Group 1 A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.

 

Substances in Penalty Group 1 include cocaine, heroin, oxycodone, opium, methadone, methamphetamine, ketamine, GHB, Rohypnol, and others.

 

Penalties are:

 

Penalty Group Sentence Weight (gram) Prison term Fine
Group 1 State Jail Felony <1 g 180 days – 2 years < $10,000
Second Degree Felony 1 g–4 g 2-20 years < $10,000
First Degree Felony 4 g–200 g 5-99 years < $10,000
Life Felony 200 g–400 g 10-99 years < $100,000
Life Felony >400 g 15-99 years < $250,000

 

Texas Health & Safety § 481.1121

 

Manufacture or Delivery of Substance in Penalty Group 1-A A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A.

 

Substances in Penalty Group 1-A include lysergic acid diethylamide (LSD).

 

Penalties are:

 

Penalty Group Sentence Abuse Units Prison term Fine
Group 1-A State Jail Felony <20 180 days – 2 years < $10,000
Second Degree Felony 20-80 2-20 years < $10,000
First Degree Felony 80-4,000 5-99 years < $10,000
Life Felony >4,000 15-99 years < $250,000

 

Texas Health & Safety § 481.1122

 

Manufacture of Substance in Penalty Group 1: Presence of Child If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:

 

  • State Jail Felony is increased to a Second Degree Felony
  • Second Degree Felony is increased to a First Degree Felony
  • Life Felony with a minimum imprisonment of 10 years is increased to a minimum of 15 years with the possible fine increased to $150,000
  • Life Felony with a minimum imprisonment of 15 years is increased to a minimum of 20 years with the possible fine increased to $300,000

 

Texas Health & Safety § 481.113

 

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A.

 

Substances in Penalty Group 2 and 2-A include hallucinogenic substances such as DET, mescaline, psilocybin (magic mushrooms), synthetic cannabis, and amphetamine. Penalties are:

 

Penalty Group Sentence Weight (gram) Prison term Fine
Group 2 or 2-A State Jail Felony <1 g 180 days – 2 years < $10,000
Second Degree Felony 1-4 g 2-20 years < $10,000
First Degree Felony 4-400 g 5-99 years < $10,000
Life Felony >400 g 10-99 < $100,000

 

Texas Health & Safety § 481.114

 

Manufacture or Delivery of Substance in Penalty Group 3 or 4 A person commits an offense if the person knowingly manufactures, delivers, or possesses with the intent to deliver a controlled substance listed in Penalty Group 3 or 4.

 

Substances in Penalty Group 3 include Methylphenidate, Phenmetrazine, barbituric acid, amobarbital, secobarbital, pentobarbital, Peyote, less than 1.8 grams of codeine, less than 300 milligrams of hydrocodone, and anabolic steroids.

 

Substances in Penalty Group 4 include narcotic drugs containing at least one nonnarcotic active medical ingredient.

 

Penalties are:

 

Penalty Group Sentence Weight (gram) Prison term Fine
Group 3 or 4 State Jail Felony <28 g 180 days – 2 years < $10,000
Second Degree Felony 28-200 g 2-20 years < $10,000
First Degree Felony 200-400 g 5-99 years < $10,000
Life Felony >400 g 10-99 < $100,000

 

Texas Health & Safety § 481.119

 

Manufacture, Delivery, or Possession of Miscellaneous Substances A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class A misdemeanor.

 

A Class A misdemeanor carries a punishment of up to one year in jail, a fine of up to $4,000, or both.

 

Texas Health & Safety § 481.120

 

Delivery of Marihuana A person commits an offense if the person knowingly or intentionally delivers marihuana.

 

If the marijuana delivery is not a sale, and the amount is less than one-quarter ounce, the penalty is a Class B misdemeanor. If money is exchanged, the penalty increases to a Class A misdemeanor.

 

Penalties are:

 

Penalty Group Sentence Weight Prison term Fine
Marihuana Class B misdemeanor <1/4 oz <180 days < $2,000
Class A misdemeanor <1/4 oz <1 year < $4,000
State Jail Felony ¼ oz – 5 lbs 180 days – 2 years < $10,000
Second Degree Felony 5-50 lbs 2-20 years < $10,000
First Degree Felony 50-2,000 lbs 5-99 years < $10,000
Life Felony >2,000 lbs 10-99 years < $100,000

 

Texas Health & Safety § 481.122

 

Delivery of Controlled Substance or Marihuana to Child A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana to a minor.

 

The alleged offender may use an affirmative defense in the trial if it can be shown they:

 

  • were under the age of 21 at the time of the offense;
  • delivered only marijuana in an amount equal to or less than one-quarter ounce; and
  • exchanged no money.

 

Delivery of a controlled substance or marijuana to a child is a felony of the second degree. Punishments can range from 2 to 20 years imprisonment in addition to a possible fine of up to $10,000.

 

Texas Health & Safety § 481.124

 

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance A person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports:

 

  • anhydrous ammonia;
  • an immediate precursor; or
  • a chemical precursor of an additional chemical substance named as a precursor by the director

 

The statute continues with examples that would indicate the intent to manufacture methamphetamines, including:

 

  • anhydrous ammonia in a container or receptacle that is not designed and manufactured to lawfully hold or transport anhydrous ammonia;
  • lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration; or
  • in one container, vehicle, or building, phenylacetic acid, or more than nine grams, three containers packaged for retail sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, and:
    • anhydrous ammonia;
    • at least three of the following categories of substances commonly used in the manufacture of methamphetamine:
      • lithium or sodium metal or red phosphorus, iodine, or iodine crystals;
      • lye, sulfuric acid, hydrochloric acid, or muriatic acid;
      • an organic solvent, including ethyl ether, alcohol, or acetone;
      • a petroleum distillate, including naphtha, paint thinner, or charcoal lighter fluid; or
      • aquarium, rock, or table salt; or
    • at least three of the following items:
      • an item of equipment subject to regulation under Section 481.080, if the person is not registered under Section 481.063; or
      • glassware, a plastic or metal container, tubing, a hose, or another item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine.

 

Penalties are:

 

Penalty Group Sentence Prison term Fine
Group 1 or 1-A Second Degree Felony 2-20 years < $10,000
Group 2 Third Degree Felony 2-10 years < $10,000
Group 3 or 4 State Jail Felony 180 days-2 years < $10,000
Listed by an act of the commissioner Class A misdemeanor < 1 year < $4,000

 

Texas Health & Safety § 481.1245 Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment A person commits an offense if the person possesses or transports

 

  • anhydrous ammonia in a container or receptacle that is not designed or manufactured to hold or transport anhydrous ammonia;
  • uses, transfers, or sells a container or receptacle that is designed or manufactured to hold anhydrous ammonia without the express consent of the owner of the container or receptacle; or
  • tampers with equipment that is manufactured or used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.

 

The offense is considered a felony of the third degree. Convictions are punishable by imprisonment for 2 to 10 years and a fine of up to $10,000.

 

Texas Health & Safety § 481.125

 

Possession or Delivery of Drug Paraphernalia A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

 

The penalty for delivery of drug paraphernalia is a Class A misdemeanor, allowing the state to imprison the offender for a term not to exceed one year and/or a fine of up to $4,000. If you are over 18 and deliver paraphernalia to someone under 18 (and at least 3 years younger than you), the penalty is enhanced by a minimum sentence of 90 days imprisonment.

 

Texas Health & Safety § 481.137

 

Transfer of Precursor Substance for Unlawful Manufacture A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical precursor with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analog.

 

A conviction carries a third-degree felony with a punishment of 2 to 10 years imprisonment and fine of up to $10,000.

 

Texas Health & Safety § 481.141

 

Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury If it is determined beyond a reasonable doubt that a person’s death or serious bodily injury was a result of the introduction into the person’s body of a controlled substance manufactured or delivered by the defendant, the defendant’s original delivery penalty will be increased by one degree.

 

The State of Texas does not take into consideration if the person’s death or injury comes about because the controlled substance was taken in combination with other substances.

 

San Antonio Attorney for Drug Trafficking in Texas

 

Make the prosecution work. Hire an experienced attorney that will vigorously challenge drug trafficking charges. Call The Parent Law Firm at 210-819-4111 to schedule a free consultation to review the allegations against you. Attorney Dave Parent can assist with cases in Boerne, Comfort, San Antonio, Bexar County, Kendall County and the surrounding areas.

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