Drug Trafficking Lawyer in Bryan

How Texas Defines & Punishes Drug Trafficking

Texas doesn’t use “drug trafficking” as the title of a standalone criminal statute. Texas Health and Safety Code § 481.112 prohibits knowingly manufacturing, delivering, or possessing with intent to deliver a Penalty Group 1 controlled substance. Delivery can include an actual or constructive transfer as well as an offer to sell. The substance’s penalty group and aggregate weight determine the charge level.

Penalty Groups & Covered Substances

Penalty Group 1 includes cocaine, methamphetamine, heroin, and oxycodone. Fentanyl and its derivatives fall under Penalty Group 1-B, which Texas created in 2021 with a separate penalty structure. Penalty Group 2 includes MDMA and THC concentrates.

Section 481.112 delivery thresholds include:

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

How Aggregate Weight Is Calculated

Texas measures the aggregate weight of the alleged substance, including adulterants and dilutants mixed with it. Cutting agents and other materials therefore count toward the statutory threshold even when they aren’t controlled substances. Because crossing a weight threshold changes the felony range, the laboratory’s reported weight, testing method, and handling records require close review.

Evidence of Intent to Deliver

Prosecutors can use circumstantial evidence to argue that drugs were intended for delivery rather than personal possession. Scales, separate packages, cash, communications about sales, and observed exchanges can become part of that argument. We examine each item in context because the state still has to connect the evidence to the accused and prove the charged conduct beyond a reasonable doubt.

Drug-Free Zone Enhancements Near Texas a&M

Texas Health and Safety Code § 481.134 establishes enhanced penalties for certain drug offenses committed within 1,000 feet of a school, youth center, playground, or institution of higher education. Texas A&M University qualifies as an institution of higher education under this law. Depending on the underlying offense, the enhancement can raise the charge by one degree or add five years to the minimum confinement term while doubling the maximum fine.

State & Federal Drug Trafficking Charges

Federal drug charges follow a separate charging and sentencing system from cases prosecuted under the Texas Controlled Substances Act. A case doesn’t become federal merely because an arrest happened near a major highway or involved a particular weight. Federal prosecution often arises from a federal investigation, alleged interstate distribution, or participation by agencies such as the Drug Enforcement Administration. The investigating agencies and alleged conduct help determine which prosecutors pursue the case.

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