Overview Drug Distribution and Trafficking

Drug trafficking (distributing or delivering illicit drugs) is a violation of the Texas Controlled Substances Act. A person may be found guilty of drug trafficking If he or she is proven to have knowingly delivered marijuana or any other illicit or controlled substance in any of the four groups of drugs defined and listed in the Texas Controlled Substances Act. 

(Marijuana is classified separately under this law.)

Penalties and Plea Deals

Texas drug trafficking or distribution laws charge the crime as a felony upon which a wide gamut of penalties may be imposed. It may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which carries the harshest. The factors influencing which sentence will be imposed are:

1. the amount of the drug being distributed or delivered; and
2. the type of drug and which of the four groups of drugs it is classified under.

The smaller the amount of a drug in a certain group, the lighter the sentence may be.

Texas has some very heavy penalties for drug trafficking. Prosecutors may often offer plea deals to defendants where they may offer a charge with a lesser penalty in exchange for information that would help them gather evidence for a higher priority investigation.

Texas Drug Trafficking/Distribution Laws Overview

Below you’ll find important information about drug trafficking and distribution laws in the great state of Texas. While you may want to forge your own path in regards to your defense, consider resisting that urge and speaking with an experienced attorney.

Statutes

Texas Health and Safety Code, Title 6, Subtitle C, Chapter 481, Section 481.112 - 481.114

Possible Defenses

• Lack of knowledge
• Mistake of fact (For example, thinking the drug was sugar when in fact, it was cocaine.)
• Duress (For example, if was forced to transport the cocaine because if he refused, something bad would happen to his family.)
• The substance was not intended for human consumption

Note: There is some crossover between drug trafficking and drug possession with respect to defenses.

source:statelaws.findlaw

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Possession of Drugs

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