Houston Drug Trafficking Penalties Lawyer


Texas Drug Trafficking Penalties

In Texas, it is unlawful if a person “knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance.”  Knowingly manufacturing, delivering, or possessing a drug with the intent to distribute is referred to as drug trafficking. Under the Texas Controlled Substances Act, all drugs, adulterants, and dilutants are grouped into Schedules.  The penalties for knowingly manufacturing, delivering, or possessing a controlled substance listed under Schedules I – V depend on the type of drug and the amount being trafficked.

Penalties For Trafficking Cocaine Or Heroin In Houston

Under Texas Health and Safety Code Section 481.112, manufacturing or possessing with the intent to deliver a controlled substance listed under Schedule I of the Texas Controlled Substances Act is punishable by up to life imprisonment if more than 400 grams or by 15 – 99 years in jail and a fine of up to $250,000.  This is the maximum penalty for drug trafficking under Texas State Law. Controlled substances listed under Schedule I include heroin, cocaine, and methamphetamine.

If less than one gram of the Schedule I controlled substance is found, then a person may be charged with a state jail felony and could face a fine of up to $10,000 plus up to two (2) years confinement in state jail.  The penalties increase depending on the amount of drugs found by law enforcement officers.

Penalties For Marijuana Trafficking In Houston

If you knowingly transport, distribute, or possess with the intent to deliver cannabis, you can be charged with drug trafficking.  Marijuana is a controlled substance under Texas State Law and is considered illegal to possess or sell. If you are caught trafficking marijuana in the State of Texas, you could face a minimum of 180 days in jail, be convicted of a state jail felony, and fined up to $10,000.  The penalties increase, depending on the amount of marijuana you have.

Drug Trafficking Penalties For Prescription Drug

All controlled substances, including prescription drugs, are listed in the Texas Controlled Substances Act and divided into criminal classifications or penalty groups based on how dangerous they are to the average person.  New drugs are added to the Act each year. If the drug is listed under Schedule 1 (Penalty Group 1) of the Act, a person will face harsher consequences than if it is classified under Schedule 3 or 4 (Penalty Group 3 or 4). The classification is based on their potential for abuse and medical use.  Oxycodone, for instance, is listed under Penalty Group 1, while Lorazepam is listed under Penalty Group 3.


Drug trafficking charges can ruin your life.  Depending on the nature of the case, you could face both state and federal charges for drug trafficking.  It is essential that you hire an experienced Houston, Texas drug trafficking attorney who will work hard to get the charges reduced or dismissed.  Houston Criminal Defense Attorney James Alston is a former state and federal prosecutor who will fight hard in pursuit of the best possible results for your case.

Mr. Alston is a board-certified criminal defense lawyer who previously worked as a member of the Organized Crime Drug Task Force.  During his tenure with the force, he investigated and prosecuted national and international drug trafficking organizations.  His unique knowledge of how prosecutors prepare their case helps him to build the strongest defense in your case. Contact James Alston Law today at (713) 228-1400 for a consultation.