Texas Penal Code Section 481.112 outlines the penalties for drug trafficking in the state. This statute affects individuals who manufacture, deliver, or possess with intent to deliver controlled substances.
As of September 1, 2019, the threshold for a first-degree felony charge is 400 grams of a controlled substance.
Drug Trafficking Definitions
Texas Penal Code Chapter 481 defines drug trafficking as the manufacture, delivery, or possession with intent to deliver a controlled substance. The Texas Controlled Substances Act sets forth the specific substances and their corresponding penalties, with a focus on Section 481.102, which lists the penalty groups. In plain terms, this means that the type of substance and its quantity determine the severity of the charge.
Under the Texas Controlled Substances Act, a controlled substance is defined as a substance listed in one of the five penalty groups, with penalties ranging from a state jail felony to a first-degree felony, depending on the group and the amount, such as more than 1 gram but less than 4 grams of a Group 1 substance, which carries a $10,000 fine and up to 20 years in prison.
This is where the law gets teeth, as the penalties increase significantly with the amount of the substance, with 400 grams or more of a Group 1 substance carrying a $100,000 fine and up to life in prison, as outlined in Section 481.112.
Drug Trafficking Tiers
First-Offense Penalties
A first offense for drug trafficking in Texas can result in a state jail felony charge, with a sentence ranging from 180 days to 2 years in jail and a fine of up to $10,000, as outlined in Section 481.115. In practice, this means that individuals with no prior convictions may face less severe penalties.
However, if the amount of the substance exceeds 1 gram but is less than 4 grams, the charge increases to a third-degree felony, carrying a sentence of 2 to 10 years in prison and a fine of up to $10,000, as per Section 481.112.
Second-Offense Penalties
A second offense for drug trafficking in Texas can result in a second-degree felony charge, with a sentence ranging from 2 to 20 years in prison and a fine of up to $10,000, as outlined in Section 481.115. That distinction matters, as prior convictions significantly impact sentencing.
For example, if the individual has a prior conviction for a first-degree felony, the sentence for a second offense can increase to 25 years to life in prison, with a fine of up to $10,000, as per Section 481.112.
Large-Scale Trafficking
Larger amounts of controlled substances, such as 400 grams or more, carry a first-degree felony charge, with a sentence ranging from 10 to 99 years in prison and a fine of up to $100,000, as outlined in Section 481.112. In plain terms, this means that large-scale trafficking carries severe penalties.
The court may also impose a $10,000 to $100,000 fine, depending on the amount and type of substance, with the fine increasing to $250,000 for an individual with a prior conviction for a first-degree felony, as per Section 481.115.
Legal Process in Texas
The court with jurisdiction over drug trafficking cases in Texas is the district court, as outlined in Section 481.151. The prosecution must file an indictment within 15 days of the arrest, with a trial date set within 120 days, as per the Texas Rules of Criminal Procedure.
In practice, this means that the defendant has a right to a speedy trial, with the court required to grant a continuance if the prosecution is not ready to proceed within the 120-day time limit, as outlined in Article 32.01 of the Texas Code of Criminal Procedure.
The defendant may also request a pre-trial hearing to suppress evidence or dismiss the charges, with the hearing held within 30 days of the request, as per Article 28.01 of the Texas Code of Criminal Procedure.
Penalties and Consequences
The penalties for drug trafficking in Texas range from a state jail felony to a first-degree felony, with sentences ranging from 180 days to life in prison, as outlined in Section 481.112. In plain terms, this means that the penalties are severe and can have a significant impact on an individual’s life.
The court may also impose fines, ranging from $10,000 to $100,000, depending on the amount and type of substance, with the fine increasing to $250,000 for an individual with a prior conviction for a first-degree felony, as per Section 481.115.
Additionally, a conviction for drug trafficking can result in the forfeiture of property, including real estate and vehicles, with the proceeds going to the state, as outlined in Chapter 59 of the Texas Code of Criminal Procedure.
Comparison to Other States
Compared to other states, Texas has some of the most severe penalties for drug trafficking, with neighboring states such as Oklahoma and Louisiana having similar laws, but with less severe penalties, such as a 10-year sentence for a first-degree felony in Oklahoma, as outlined in Title 63 of the Oklahoma Statutes.
For example, in California, the penalty for trafficking a controlled substance is a felony, with a sentence ranging from 3 to 9 years in prison, and a fine of up to $50,000, as per Section 11352 of the California Health and Safety Code.
Practical Steps and Enforcement
The Texas Department of Public Safety is responsible for enforcing the state’s drug trafficking laws, with the agency conducting investigations and making arrests, as outlined in Section 481.151. In practice, this means that individuals suspected of drug trafficking may be subject to search and seizure, with the prosecution required to prove the individual’s intent to deliver the controlled substance.
The defendant may also be required to participate in a pre-trial diversion program, with the program lasting up to 12 months, and including regular drug testing and counseling, as per Article 42.12 of the Texas Code of Criminal Procedure.
Recent Changes and Legislative Status
Recent changes to Texas’s drug trafficking laws include the passage of Senate Bill 123, which increased the penalties for large-scale trafficking, with the bill effective as of September 1, 2020, as outlined in the Texas Legislative Enactments.
In plain terms, this means that the Texas Legislature continues to prioritize the enforcement of drug trafficking laws, with the state‘s laws among the most severe in the country, and with the potential for future changes to the laws, including the possibility of increased penalties or expanded enforcement powers.
The Texas Legislature is currently considering new legislation, including House Bill 100, which would increase the penalties for drug trafficking and expand the definition of a controlled substance, with the bill pending in committee, as outlined in the Texas Legislative Enactments.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
