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San Antonio Law Firm Defending Drug-Related Cases

Drug charges can include charges for possession, selling and trafficking of drugs. Any movement or consumption of substances prohibited by federal and state law is considered a legal offense and will be treated so by law enforcement.

Drug Trafficking

Drug trafficking is a worldwide trade of illicit substances. The term encompasses the cultivation, production, distribution and final sales of illegal substances. Illegally trafficked drugs in the U.S. include:

  • Marijuana

  • Heroin

  • Opium

  • Cocaine

  • Methamphetamine

  • LSD

  • Anabolic steroids


Trafficking Penalties

The legal penalty for a conviction for drug trafficking depends on the drug and volume of drug. Most trafficking charges carry a penalty of at least 5-10 years of imprisonment and no more than 40 years. Individual fines total no more than $5 million.

A second offense begins at a 10-year sentence and a fine that will not exceed $8 million for individuals.

Possession of Marijuana

Marijuana possession carries a penalty of up to one year in prison and a fine of no less than $1,000 for first-time offenders.

The second conviction entails a 15-day minimum sentence and a maximum of two years in prison. A fine of up to $2,500 is included. Any convictions afterward carry a 90-day minimum sentence with a maximum of three years prison and a fine of up to $5,000.

Marijuana Legalization in Texas

Texas lawmakers have passed bills in favor of legalization of marijuana, and the law may change soon. However, possession and trafficking are still federal crimes and can be punished accordingly.

Felony Possession

Drug charges that are considered misdemeanors can be upgraded to federal crimes, depending on four factors:

  • The type of drug: The more tightly controlled the substance is, the more likely it is to become a federal crime.

  • The amount of drug: Law enforcement caps misdemeanor charges at specified amounts for each type of drug.

  • Intent to sell: Simple possession of a controlled substance is less punishable than possession with intent to sell.

  • Aggravated charges: Cases that involve injury and violence are often upgraded to felony level no matter the type or volume of drug.

TX Criminal Defense Lawyer Association