In Texas, drug trafficking charges are a big leap in severity from typical drug possession offenses. While being caught with a small amount of marijuana might result in a misdemeanor charge, drug trafficking can lead to decades in prison, crippling fines, and a permanently altered life trajectory. That’s why it’s important to understand Texas drug trafficking laws.

The distinction lies not just in the quantity of drugs involved, but in the perceived intent to distribute on a larger scale, often crossing state or national borders. In this guide, we’ll strip away the legal jargon and help you understand the facts about Texas drug trafficking laws, the potential consequences, and when it’s time to contact a Fort Worth federal crimes attorney.

What Constitutes Drug Trafficking in Texas

Texas drug trafficking laws are covered under various sections in Texas Health & Safety § 481, primarily focusing on the manufacture, delivery, or possession with intent to deliver controlled substances.

According to the Texas Health and Safety Code, drug trafficking activities include:

1. Manufacturing: Producing, preparing, propagating, compounding, converting, or processing a controlled substance.
2. Delivery: Transferring a controlled substance to another person, whether for money or not. This includes offering to sell a controlled substance.
3. Possession with Intent to Deliver: Having a controlled substance in your possession with the intention of delivering it to someone else.

It’s important to note that the law doesn’t specify a minimum amount of drugs for a charge to be considered trafficking. Even small amounts can lead to trafficking charges if there’s evidence of intent to distribute.

The severity of the charges and potential penalties depend on the type and amount of the controlled substance involved, as well as other factors like the presence of minors or proximity to schools or other protected areas.

Evidence Used to Support Drug Trafficking Charges

The key factor that distinguishes trafficking from simple possession is the intent to distribute or deliver the drugs.

Graham Norris, founder of Norris Legal Group, points out that “the evidence that distinguishes those two charges – possession and trafficking – is not always obvious.” Sometimes, what appears to be trafficking to law enforcement may actually be possession for personal use, making these cases highly fact-specific and complex.

Graham outlines some key pieces of evidence that can elevate a simple possession charge to trafficking:

• Quantity of drugs: Larger amounts are more likely to be viewed as intended for distribution.
• Packaging: How the drugs are packaged can also be used as evidence in court. “If the meth is in multiple individual baggies that are evenly distributed, that’s considered evidence of intent to sell,” Graham says.
• Drug paraphernalia: Items like digital scales, which are used to weigh substances for sale, can help elevate a charge.
• Large amounts of cash: This could suggest proceeds from drug sales.
• Documentation: If there are log books with people’s names and amounts, these could be interpreted as sales records.
• Multiple phones: Especially “burner” phones, which are often associated with drug dealing.

It’s important to note that while these items can be used as evidence of trafficking, their presence doesn’t automatically prove guilt. Many of these items have innocent explanations, which is why a strong defense is crucial in these cases.

Penalties for Violating Texas Drug Trafficking Laws

Texas takes a hard stance on drug trafficking, imposing severe penalties on those convicted. The severity of the punishment often depends on factors such as the type and quantity of drugs involved, as well as the defendant’s criminal history.

“Anytime someone’s accused of selling drugs, possessing with intent to distribute, or manufacturing and delivering, the punishment is increased,” Graham says. “And so what would otherwise be a 3rd degree felony becomes a 2nd degree felony, or a 2nd degree becomes a first degree. Those additional penalties are because the state of Texas believes that this person should be treated more harshly than a user.”

For example, under Texas Health & Safety § 481 (Manufacture or Delivery of Substance in Penalty Group 1):

• Less than 1 gram: State jail felony (180 days to 2 years in state jail and/or a fine up to $10,000)
• 1-4 grams: Second-degree felony (2-20 years in prison and/or a fine up to $10,000)
• 4-200 grams: First-degree felony (5-99 years or life in prison and/or a fine up to $10,000)
• 200-400 grams: 10-99 years or life in prison and a fine up to $100,000
• 400 grams or more: 15-99 years or life in prison and a fine up to $250,000

Penalties for other controlled substances follow similar patterns, with variations based on the specific substance and quantity.

The law also provides for enhanced penalties in certain circumstances. For instance, under Section 481.134, penalties increase if the offense occurs in a drug-free zone (such as near a school or youth center). Section 481.140 increases penalties if a child under 18 is used in the commission of the offense.

It’s important to note that conviction for drug trafficking can have far-reaching consequences beyond incarceration and fines, including:

• A permanent felony record, affecting future employment and housing opportunities
• Loss of certain civil rights, such as the right to vote or own firearms
• Mandatory drug treatment programs
• Extended probation or parole periods

The severity of these penalties underscores the importance of seeking experienced legal representation if facing drug trafficking charges in Texas.

Legal Defenses Against Drug Trafficking Charges

When facing drug trafficking charges in Texas, a strong legal defense is crucial. Experienced attorneys like those at Norris Legal Group employ various strategies to challenge these serious accusations.

Constitutional Protections

One of the first lines of defense involves examining whether law enforcement respected the defendant’s constitutional rights.

“Like any case, the government and law enforcement are restricted by the Constitutions of the United States and the state of Texas, so we first have to check their work and make sure any search or seizure was done lawfully,” Graham says.

If the police conducted an unlawful search or lacked probable cause for a vehicle stop, the evidence obtained may be inadmissible in court.

Challenging the Evidence

Defense attorneys meticulously scrutinize the evidence presented by the prosecution. They may question whether the accused truly intended to sell the drugs or if the circumstances suggest personal use.

“It could be unfortunate circumstances that led them into that situation, and there could be things they’ve done since then to make things right,” Graham says.

Humanizing the Defendant

A crucial aspect of defense strategy involves presenting the defendant as a whole person, not just the sum of their alleged actions. This can include highlighting:

• Personal circumstances that may have contributed to the situation
• Steps taken towards rehabilitation or treatment
• Community involvement and character references
• Lack of prior criminal history

Why Choose Norris Legal Group for Drug Trafficking Defense

If you’re facing drug trafficking charges in Texas, you need to act quickly. Norris Legal Group has a proven track record of successfully defending clients against drug trafficking charges in the Fort Worth, Arlington, and Tarrant County areas.

Our approach combines deep legal knowledge with a strategic, personalized defense tailored to your specific situation. When you reach out to us, we will:

1. Assess your case’s current status and potential risks
2. Explain your legal options in clear, understandable terms
3. Develop a robust defense strategy
4. Protect your rights throughout the legal process
5. Work tirelessly to achieve the best possible outcome for your case

Remember, early intervention can make a crucial difference in the outcome of your case. The sooner you have experienced legal counsel on your side, the better positioned you’ll be to handle this challenging situation.

Don’t let uncertainty about your future keep you up at night. Contact Norris Legal Group today for a free, confidential consultation, and take the first step towards protecting your rights and your future.