By Jeff Kennedy
Drug Trafficking Charges
If you’re convicted, a drug trafficking charge could seriously impact your life. To learn how to avoid a conviction or have your charges reduced, call to schedule a free consultation today.
Trafficking, selling, and transporting drugs are all very serious crimes in Texas. All of these offenses are felonies, which can get you jail time, a hefty fine, and a felony on your record. It is vital to fight your conviction with an attorney like Jeff C. Kennedy who has experience dealing with these types of cases.
Due to Texas’ proximity to the border, both federal and state authorities are usually involved in these cases. Consequently, trafficking charges can be pursued in either federal or state courts.
Protect Your Future With Aggressive Defense
Hiring a general attorney won’t be sufficient in this situation. You need the expertise of a highly experienced and competent attorney like Jeff C. Kennedy. With Jeff C. Kennedy and his skilled team at your side, you gain the advantage of years of expertise in crafting solid defense strategies.
Our commitment is to fight on your behalf, protect your rights, and strive to have your charges dropped or significantly reduced. Turn the tables in your favor today and Schedule a free strategy session with Jeff C. Kennedy today.
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
Schedule Your Free Consultation
Strategies To Fight A Drug Trafficking Case
Regardless of the severity of your charge, our defense team knows how to avoid a conviction or have your charges reduced. Every possible tactic is discussed with our clients.
Below are some of the possible defenses Jeff could use, depending on the details of your Drug trafficking case:
- Lack of knowledge that you were transporting drugs
- Mistake of fact
- Duress (being forced to transport drugs under threat)
- Police errors
- Lab errors
- You intended to use the drugs, not distribute them
Depending on the charge, your attorney could use some of the legal defenses below to keep you out of jail or reduce your charge.
- You were not in physical possession of the drugs.
- You were not aware of what you were moving or holding were drugs.
- A piece of evidence regarding your case is missing.
- The police violated a search or seizure warrant during the arrest.
- The crime lab technician made an error.
- The items were not intended for human consumption.
- Exchange for information on a higher-priority case.
As you can see, there are many approaches an experienced lawyer can use to fight your trafficking charge.
Texas state laws are unforgiving when it comes to drug charges like trafficking. But this does not mean it’s impossible to get your distribution or trafficking charge dropped off entirely or reduced with an strong and effective defensive strategy.
You can avoid incarceration and hefty fines by discussing your trafficking or distribution case with defense lawyer Jeff C. Kennedy. He understands what’s at stake and is dedicated to building you the strongest possible defense.
Speak to us by dialing 817-605-1010 or completing our online form and get a free case review.
Penalties for Drug Trafficking
Texas’s Controlled Substances Act categorizes drugs into several penalty groups. Each group specifies the substances involved, the quantities, and the associated levels of offense, along with the corresponding jail time and fines
There are several variables which can complicate your charges, such as:
- Age
- Criminal History
- Amount or doses of drug in possession
- Whether a minor was involved in the offense
Overview Of Penalty Groups
Texas’s Controlled Substances Act organizes drugs into several groups referred to as “penalty groups.” These groups are as follows:
- Penalty Group 1: Opiates, cocaine, methamphetamine, fentanyl, and ketamine
- Penalty Group 1A: LSD
- Penalty Group 1B: Fentanyl
- Penalty Group 2: Hallucinogens other than LSD
- Penalty Group 3: Stimulants and depressants such as Ritalin, Xanax, and benzodiazepines
- Penalty Group 4: Narcotics such as codeine and morphine
Penalty Group 1 is the most heavily regulated in TX. They have no medical use whatsoever, and are some of the most dangerous and addictive.
- Cocaine
- Crack
- Heroin
- Methamphetamine
- Special K – Ketamine
- Oxycontin (Oxycodone)
- Codeine
- GHB
- Opium
- Methadone
- Hydrocodone over 300 grams (including in Vicodin)
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
Penalty group 1-A only has the drug Acid – LSD or analogues of LSD. LSD is sold by the dose, and this is why it is not grouped with other drugs , which are sold by weight.
| Possession of Controlled Substance Penalty Group 1-A (PG1-A) | Offense Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 units | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 units or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
The only controlled substance in penalty group 1-B is Fentanyl.
| Possession of Controlled Substance Penalty Group 1-B (PG1-B) | Offense Level | Punishment Range |
|---|---|---|
| Under 1 Gram | State Jail Felony | 180 days – 2 years in State Jail and/or a fine of not more than $10,000 |
| 1-4 Grams | Third Degree Felony | 2-10 years in prison, and a fine of not more than $10,000 |
| 4-200 Grams | Second Degree | 2-20 years in prison and a fine of up to $10,000 |
| 200-400 Grams | First Degree | 5 – 99 years in prison or life, and a fine not to exceed $10,000 |
| Over 400 Grams | Enhanced First Degree | 10 – 99 years in prison or life, and a fine not to exceed $100,000 |
Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:
- MDMA, Molly, Ecstasy
- Bath Salts (Many bath salts)
- Adderall (Dextroamphetamine)
- PCP (Phencyclidine, Angel Dust)
- Mescaline (Peyote)
- Mushrooms (Psilocybin)
- Proposed legislation: Flakka (alpha-PVP)
- THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas
- “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
| Possession of Controlled Substance Penalty Group 2-A (PG 2-A) | Offense Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 5 pounds ore more but less than 50 pounds | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 50 pounds or more, but less than 2,000 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:
- Valium
- Xanax (Alprazolam)
- Clonazepam
- Diazepam
- Hydrocodone less than 15mg/dose or less than 300 mg
- Codeine less than 90mg/dose
- Lorazepam
- Zolpidem
- Ritalin
- Testosterone
- HGH (Human Growth Hormone)
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less thanÊ 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:
- Opium
- Morphine
- Motofen
- Dangerous Drugs
| Possession of Controlled Substance Penalty Group 4 (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
