Drug Trafficking

SAN ANTONIO Drug Trafficking LAWYER

Defending Against Drug Trafficking Charges in Texas

The term “drug trafficking” refers to the manufacture, delivery, or possession with intent to deliver an illegal drug. A drug trafficking offense is very serious under Texas law. A person convicted of drug trafficking may have to face steep fines, possible incarceration, and a criminal record.

If law enforcement finds a large quantity of drugs, it is possible you will be charged with drug trafficking. It is common for police officers to assume you are selling or distributing such a high amount. If you or someone you know has been charged with drug trafficking, it is vital that you seek an experienced defense attorney.

Drug trafficking charges carry heavy penalties. It’s important that you are aware of what may happen. Without a sturdy defense, you may have to face the maximum statutory penalties for drug trafficking. Do what is best for you and obtain trusted legal representation today.

Flanary Law Firm, PLLC, is a group of attorneys with a strong focus on criminal defense. Our attorneys are knowledgeable about all types of drug offenses. We will use all possible resources to help you formulate a strong defense. Gain not just an attorney, but a legal partner. The attorneys at Flanary Law Firm, PLLC, represent clients throughout the greater Bexar County area, including Reeves County, Comal County, Kendall County, and Guadalupe County.

Call us now at (210) 899-7566 to schedule a free consultation with our drug trafficking lawyer in San Antonio.

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Texas Penalty Groups For Drug Trafficking

The penalties for drug trafficking are dependent on the penalty group of the controlled substance. These penalty groups are divided by the medicinal value and risk of abuse of the illegal drug. In Texas, there are five penalty groups.

Penalty Group 1
- Drugs in penalty group 1 have the highest risk of addiction. No drugs included in Penalty Group 1 have medicinal use. Some examples of Penalty Group 1 drugs include ketamine, oxycodone, methadone, marijuana, and methadone.
Penalty Group 1-A
- Penalty group 1-A is reserved for the drug lysergic acid diethylamide (LSD). The substance is also weighed in units rather than grams. This is because the controlled substance is normally taken in tabs. LSD has a very high rate of abuse and no medical usage.
Penalty Group 2 & 2-A
- Penalty group 2 or 2-A drugs have a high potential for addiction. Most of the controlled substances under Penalty Group 2 or 2-A are not considered medicinal. Some examples of a Penalty Group 2 or 2-A drug include mescaline, MDMA, DMT, synthetic THC, and phenylacetone.
Penalty Group 3
- Penalty group 3 has drugs that are considered less dangerous in comparison to higher penalty groups. Some drugs in penalty group 3 have some medical value. Some examples of a penalty group 3 drugs include Alprazolam, Tramadol, and Barbital.
Penalty Group 4
- Drugs under penalty group 4 are considered the safest to consume. Most drugs under penalty group 4 are used for medical purposes. A few examples of a penalty group 4 include codeine, ethylmorphine, and diphenoxylate. These drugs are considered penalty group 4 based on the amount of the controlled substance.

Penalties For Trafficking A Penalty Group 1 Drug

The following are the maximum penalties for the manufacture or delivery of a penalty group 1 drug:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 1	State Jail Felony	Under 1 gram	180 days – 2 years	Up to $10,000
Second-Degree Felony	1 to 4 grams	2 to 20 years	Up to $10,000
First-Degree Felony	4 to 200 grams	5 to 99 years	Up to $10,000
First-Degree Felony	200 to 400 grams	10 to 99 years	Up to $100,000
First-Degree Felony	Over 400 grams	15 to 99 years	Up to $250,000

Penalties For Trafficking A Penalty Group 1-A Drug

Penalty Group 1-A is reserved for lysergic acid diethylamide (LSD). Take note, LSD is weighed in units and not grams. LSD is typically taken in unit tabs.

The penalty for manufacture or delivery of a Penalty Group 1-A include:

Penalty Group	Sentence	Units	Prison Term	Maximum Fine
Group 1-A	State Jail Felony	Under 20 units	180 days – 2 years	Up to $10,000
Second-Degree Felony	20 to 80 units	2 to 20 years	Up to $10,000
First-Degree Felony	80 to 4,000 units	5 to 99 years	Up to $10,000
First-Degree Felony	over 4,000 units	15 to 99 years	Up to $250,000

Penalties For Trafficking A Penalty 2 Or 2-A Group Drug

The penalties for trafficking a Penalty Group 2 drug include:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 2 or 2-A	State Jail Felony	Under 1 grams	180 days – 2 years	Up to $10,000
Second-Degree Felony	1 to 4 grams	2 to 20 years	Up to $10,000
First-Degree Felony	4 to 400 grams	5 to 99 years	Up to $10,000
First-Degree Felony	over 400 grams	15 to 99 years	Up to $100,000

Penalties For A Penalty Group 3 & 4 Drug Under Texas Law

The penalty for trafficking a Penalty Group 3 or 4 drugs includes:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 3 or 4	State Jail Felony	Under 28 grams	180 days – 2 years	Up to $10,000
Second-Degree Felony	28 to 200 grams	2 to 20 years	Up to $10,000
First-Degree Felony	200 to 400 grams	5 to 99 years	Up to $10,000
First-Degree Felony	over 400 grams	15 to 99 years	Up to $100,000

Delivery Of Marijuana In Bexar County, Texas

In Texas, it is a crime to deliver marijuana. If the delivery is not in exchange for something of value and is less than one-quarter ounce, it is a Class B misdemeanor. However, if the exchange was of something of value, such as money, and less than one-quarter ounce, the crime will be elevated to a Class A misdemeanor.

The penalties for delivering marijuana in Texas include:

Penalty Group	Sentence	Weight	Prison Term	Maximum Fine
Marijuana	Class B Misdemeanor	1/4 oz or less; does not receive remuneration	Up to 180 days	Up to $2,000
Class A Misdemeanor	1/4 oz or less; receives remuneration	Up to 12 months	Up to $4,000
State Jail Felony	1/4 oz to 5 lbs	180 days to 2 years	Up to $10,000
Second-Degree Felony	5 to 50 lbs	2 to 20 years	Up to $10,000
First-Degree Felony	50 to 2,000 lbs	10 to 99 years	Up to $100,000
Capital Felony	Over 2,000 lbs	10 to 99 years	Up to $100,000

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Why Choose Flanary Law Firm, PLLC?

Constant Communication
At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Common Defenses Against Drug Trafficking Charges

These may include:

Unlawful Search and Seizure

Law enforcement must follow strict constitutional rules when searching a person, vehicle, or home. If police conducted a search without a valid warrant, probable cause, or a recognized exception, any drugs found may be suppressed. Evidence obtained illegally can be excluded, which may severely weaken or dismiss the case.

Lack of Possession

Prosecutors must prove the accused knowingly possessed the drugs. A defense may argue the drugs did not belong to the defendant or that they had no control over them—especially in shared spaces like vehicles or residences. Mere proximity to drugs is not enough to support a trafficking conviction.

No Intent to Distribute

Drug trafficking charges often rely on proving intent to sell or distribute. A defense may challenge this by showing the drugs were for personal use and not packaged, measured, or accompanied by items typically associated with trafficking, such as scales, large amounts of cash, or distribution records.

Insufficient Evidence

The state must prove every element of the charge beyond a reasonable doubt. Weak or inconsistent evidence, unreliable witness testimony, or gaps in the prosecution’s case can create reasonable doubt and support dismissal or reduction of charges.

Chain of Custody Errors

Prosecutors must establish that the drugs presented in court are the same substances seized during the arrest. Any mishandling, mislabeling, or unexplained gaps in custody can call the integrity of the evidence into question.

Entrapment

If law enforcement induced or pressured someone into committing a drug trafficking offense they would not have otherwise committed, an entrapment defense may apply. This often arises in undercover or sting operations.

Violation of Constitutional Rights

If the defendant was not properly advised of their rights, was coerced into making statements, or was subjected to an unlawful arrest, the defense may seek to suppress statements or evidence obtained as a result.

Contact Our Drug Trafficking Attorney In San Antonio Today

Drug trafficking is a serious offense under Texas law. If you have been charged with trafficking an illegal substance, it is vital that you seek trusted legal representation. A skilled attorney can file motions, suppress evidence, and collect evidence for your case.

Make the first steps of your defense today. Contact the attorneys at Flanary Law Firm, PLLC, and gain a legal partner in your case. The attorneys at Flanary Law Firm, PLLC, are experienced in all types of Texas drug laws. We understand that charges can be overwhelming. Let us guide you through this.

The attorneys at Flanary Law Firm, PLLC, defend clients throughout the greater San Antonio area, including Live Oak, Converse, Helotes, Windcrest, and Kirby.

Call us now at (210) 899-7566 for a free consultation with our San Antonio drug trafficking lawyer.

Additional Resources

Texas Drug Laws – Visit the official website for the Texas legislation and regulation. Find more information regarding penalty groups, other controlled substance offenses, and the various penalties.

SAMHSA – Visit the official website for the Substance Abuse and Mental Health Services Administration. Find more information regarding their national helpline, hours of operation, and gain access to helpful resources for those struggling with drug abuse.