Drug Trafficking and Distribution Charges
Texas vs. Federal Drug Trafficking Crimes—What You Need to Know
If you’re facing drug trafficking or distribution charges in Texas, you’re not dealing with your average possession case. Trafficking and distribution are among the most serious drug offenses under both state and federal law—often carrying mandatory prison sentences, six-figure fines, and long-term consequences that affect every part of your life.
This post breaks down how drug trafficking is defined in Texas, how it differs from distribution, and when a case gets bumped to the federal level. You’ll also learn what penalties you’re facing and why calling a skilled attorney near youright away could be the most important decision you make.
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What Is Drug Trafficking in Texas?
Under the Texas Controlled Substances Act, “drug trafficking” isn’t just limited to moving large quantities across borders. It refers to the delivery, sale, transport, or even possession with intent to deliver controlled substances.
You can be charged with drug trafficking in Texas if:
- You’re caught physically delivering drugs to someone else
- You’re in possession of a large quantity, packaged for sale
- You’re found with distribution materials (scales, baggies, cash)
- You’re allegedly part of a supply chain—even if you’re not the end seller
Even if you never made a sale, if the state believes you intended to, you can be charged with a trafficking-level offense.
What’s the Difference Between Distribution and Trafficking?
While Texas law often uses the terms interchangeably, distribution generally refers to giving or selling drugs to another person, regardless of the amount. This could be:
- Handing a single pill to a friend
- Selling a small bag of weed
- Trading one drug for another
Trafficking, on the other hand, usually involves larger-scale activity, often supported by evidence of organization, planning, or transportation. It implies involvement in the commercial side of drug crime.
Bottom line: both are serious felonies—but trafficking charges typically carry stiffer penalties due to the scale and structure of the activity.
For more detail on how this differs from possession with intent, check out Possession with Intent to Distribute in Texas.
What Makes a Trafficking Case Federal?
Many people don’t realize that drug cases can be prosecuted at either the state or federal level—and sometimes both. Your case may become a federal offense if:
- Drugs crossed state or international borders
- You’re caught trafficking in large quantities
- You’re arrested by a federal agency (DEA, FBI, ATF)
- You’re part of an investigation into a criminal enterprise
- Firearms, violence, or money laundering are involved
- You were arrested on federal property (e.g., airports, military bases)
Federal drug trafficking charges typically come with mandatory minimum sentences. For example, just 5 grams of pure methamphetamine can result in a 5-year minimum sentence, even for a first-time offender.
Penalties for Trafficking in Texas (By Penalty Group)
Drug trafficking penalties depend on the substance (organized into Texas Penalty Groups) and the amount involved.
Penalty Group 1 (e.g., cocaine, meth, heroin):
- Less than 1 gram: State jail felony (180 days – 2 years)
- 1–4 grams: Second-degree felony (2–20 years)
- 4–200 grams: First-degree felony (5–99 years)
- 200–400 grams: First-degree felony, up to life
- Over 400 grams: Enhanced first-degree felony; 10–99 years + $100,000 fine
Penalty Group 1-B (fentanyl and derivatives):
- Even small amounts can trigger first-degree charges
Penalty Group 2 (e.g., ecstasy, PCP):
- Less than 1 gram: State jail felony
- 1–4 grams: Second-degree felony
- Over 4 grams: First-degree felony
Penalty Group 3 & 4 (Xanax, Valium, prescription meds):
- Less than 28 grams: State jail felony
- 28–200 grams: Third-degree felony
- Over 400 grams: First-degree felony
Marijuana:
- ¼ ounce or more for sale = Class A misdemeanor or felony, depending on weight
- 50+ pounds = First-degree felony
If you’re charged federally, the Federal Sentencing Guidelines will apply, and mandatory minimums often start at 5 or 10 years, even for first-time offenders.
Additional Enhancements That Increase Penalties
Your sentence can be enhanced if:
- You trafficked drugs in a school zone
- You used or carried a firearm
- You involved minors in trafficking
- You were previously convicted of a drug felony
- The case involved death or serious injury
Even a non-violent drug trafficking charge can quickly escalate into a life-altering case with decades of prison time.
Common Drug Trafficking Scenarios in Houston
Houston is a major trafficking hub due to its proximity to the Mexico border, international ports, and sprawling interstate system. Common trafficking arrests involve:
- Interstate stops on I-10 or I-45
- Airport seizures at Bush Intercontinental or Hobby
- Task force raids on stash houses in Harris County
- DEA-controlled buys and wiretap investigations
- Packages intercepted by USPS or FedEx
Whether you were stopped with a trunk full of narcotics or were caught in a wiretap investigation, you need a lawyer who understands both state and federal systems.
How a Criminal Defense Attorney Can Help
Drug trafficking cases are high-stakes—and often stacked against the accused. But there are defenses and strategic moves that can make a major difference in the outcome:
- Challenge the legality of the search/seizure
- Contest the weight or classification of the drug
- Argue lack of intent or knowledge
- Expose weak chain of custody or lab errors
- Seek reduction to possession or diversion programs
- Negotiate favorable federal plea deals (if applicable)
The sooner you involve an experienced criminal defense attorney, the more options you’ll have.
Call to Action
If you’re facing trafficking or distribution charges in Houston or anywhere in Texas, don’t wait for the system to decide your fate. Take control now by speaking with a defense lawyer who understands both state and federal prosecutions.
David Smith is a board-certified criminal defense attorney with decades of courtroom experience. As a former felony prosecutor, he knows how to fight back against complex drug cases—and how to protect your future when everything’s on the line.
Call (713) 769-5000 or visit https://davidsmith.law to speak with an attorney near you who won’t back down.
