Drug Trafficking Lawyer in Bryan

How Texas Defines & Punishes Drug Trafficking

Texas doesn’t use the term “drug trafficking” as a standalone statute. The operative charges are manufacture or delivery of a controlled substance and possession with intent to deliver, governed by Texas Health and Safety Code § 481.112 and related provisions of the Texas Controlled Substances Act. Penalties depend on which penalty group the substance falls under and how much of it is alleged.

Penalty Groups & Covered Substances

Penalty Group 1 covers cocaine, methamphetamine, heroin, and oxycodone. Fentanyl and its derivatives are classified separately under Penalty Group 1-B, which Texas created in 2021 to address fentanyl specifically with its own sentencing structure. Penalty Group 2 includes MDMA, PCP, and THC concentrates. For Penalty Group 1 delivery offenses, the tiers work as follows:

Penalty Group 1 Delivery Thresholds:

• Under 1 gram: State jail felony, 180 days to 2 years, fine up to $10,000
• 1 to under 4 grams: Second-degree felony, 2 to 20 years
• 4 to under 200 grams: First-degree felony, 5 to 99 years or life
• 200 to under 400 grams: First-degree felony with a 10-year minimum and a fine up to $100,000
• 400 grams or more: First-degree felony with a 15-year minimum and a fine up to $250,000

How Weight Is Calculated

One detail that surprises many people: Texas calculates weight by aggregate. The entire mixture, including cutting agents and inert materials, counts toward the threshold. A substance diluted with filler still weighs what it weighs on the scale, and that calculation can push a charge from one felony tier into the next. The reported weight deserves independent scrutiny.

What Can Escalate a Charge

Circumstantial factors can convert a possession arrest into a trafficking charge. Scales, packaging materials, large amounts of cash, and communications referencing sales all factor into how the state characterizes the offense. Prior convictions and proximity to a school or campus can further escalate penalties. Under Texas Health and Safety Code § 481.134, a drug-free zone enhancement applies within 1,000 feet of a school, youth center, or playground, raising the charge one tier or increasing the minimum sentence depending on the underlying offense level. Given the location of Texas A&M and Blinn College, this enhancement can come up in Brazos County cases.

Bryan’s access to major highways also means some cases attract federal attention when interstate transportation is alleged. Federal drug trafficking charges carry their own sentencing structure and are prosecuted separately from state charges. If federal jurisdiction becomes a factor, we can address it directly in your consultation.

The above is general legal information, not legal advice. Every case turns on its own facts.