Texas Drug Trafficking / Distribution Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed May 20, 2025
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Drug trafficking is the illegal distribution or delivery of controlled substances, violating the Texas Controlled Substances Act.
Under the Texas Controlled Substances Act, drug trafficking is the delivery, manufacturing, or possession with intent to deliver controlled substances.
Law enforcement authorities may find a person guilty of drug trafficking if it is proven that they knowingly delivered illegal drugs. For those facing drug trafficking charges under Texas law, this article serves as a helpful guide in understanding the penalty groups and the charges associated with them.
Controlled Substances and Their Penalty Groups
The Act categorizes controlled substances into four penalty groups, each with corresponding penalties and prison sentences depending on the type of drug and the quantity involved. The penalties range from state jail felonies to first-degree felonies.
Penalty Group 1
This group includes controlled substances such as ketamine, methamphetamine, heroin, cocaine, and other opiates.
Penalty Group 1-A
This group includes controlled substances like LSD.
Penalty Group 1-B
This group includes controlled substances like fentanyl and its derivatives.
Penalty Group 2
This group includes controlled substances like PCP, mescaline, ecstasy, psilocybin, and synthetic cannabinoids.
Penalty Group 3
This group includes controlled substances like oxycodone, benzodiazepines, peyote, anabolic steroids, and certain barbiturates. It also includes drugs containing hydrocodone.
Penalty Group 4
This group includes controlled substances like cough medications containing codeine of 200 milligrams per 100 grams.
Penalties for Drug Trafficking in Texas
Under the Texas Health and Safety Code, the penalty for drug trafficking depends on the type of drug and the quantity involved. 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 the criminal charges are:
- The amount of the drug distributed or delivered
- The type of drug and which of the four penalty groups it falls under
The smaller the amount of a drug in a certain group, the lighter the sentence may be. The following are the key penalties:
For Penalty Group 1
- Less than 1 gram: State jail felony
- 1 to 4 grams: Second-degree felony
- 4 to 200 grams: First degree felony
- 200 to 400 grams: First degree felony with 10 years to life and up to $100,000 fine
- 400 grams and above: First degree felony with 15 years to life and up to $250,000 fine
For Penalty Group 1-B
- Less than 1 gram: Third-degree felony
- 1 to 4 grams: Second-degree felony
- 4 to 200 grams: First-degree felony with 10 years to life and up to $20,000 fine
- 200 to 400 grams: First-degree felony with 15 years to life and up to $200,000 fine
- 400 grams or more: First-degree felony with 20 years to life and up to $500,000 fine
For Penalty Group 2 or 2-A drugs
- Less than 1 gram: State jail felony
- 1 to 4 grams: Second-degree felony
- 4 to 400 grams: First-degree felony
- 400 grams or more: First-degree felony with 10 years to life and up to $100,000 fine
For Penalty Groups 3 and 4:
- Less than 28 grams: State jail felony
- 28 to 200 grams: Second-degree felony
- 200 to 400 grams: First-degree felony
- 400 grams or more: First-degree felony with 10 years to life and up to $100,000 fine
For Marijuana:
- 1/4 oz or less (no remuneration): Class B misdemeanor
- 1/4 oz or less (with remuneration): Class A misdemeanor
- 1/4 oz to 5 lbs: State jail felony
- 5 to 50 lbs: Second-degree felony
- 50 to 2,000 lbs: First-degree felony
- 2,000 lbs or more: First-degree felony with 10 years to life and up to $100,000 fine
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify the state law(s) you are researching.
Texas Drug Trafficking Laws: Related Resources
Charged With Drug Trafficking in Texas? Contact an Attorney
Drug trafficking charges come with penalties and prison sentences that can be life-altering. If you or your loved ones are facing charges related to illegal substances, it's a good idea to speak with a drug crime attorney for legal advice.
There are drug crime attorneys in the state of Texas who can help you understand the charges against you. They can also find the best possible defenses that apply to your case. Get help today by contacting a Texas criminal defense attorney experienced with drug cases.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Texas attorneys offer free consultations for Drug Crime.
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