Many people assume that drug trafficking offenses are limited only to drug deals broken up by police, but the truth of the matter is that any person could be charged with a drug trafficking offense simply for possessing a large amount of a controlled substance. Marijuana trafficking charges in Texas can result in either state or federal charges.
Most trafficking crimes involve an alleged offender distributing marijuana or possessing enough to create the presumption that there would be an intended sale. Federal agencies are frequently involved in these cases as they are not only monitoring interstate drug deals but also marijuana that may be shipped to or from Mexico on the southern border of Texas.
Marijuana Trafficking Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you arrested for an alleged marijuana trafficking offense in Plano, McKinney, Carrollton, or another community in Collin County? It is going to be incredibly important for you to find an experienced criminal defense attorney as soon as you can.
The Law Offices of Richard C. McConathy can defend you against state or federal charges, and our firm will be committed to helping you achieve the most favorable possible outcome to your case. You will be able to have us examine your case and discuss all of your legal options with you when you call (469) 304-3422 or contact us online to set up a free consultation.
Marijuana Trafficking Penalties in Texas
Texas does not have a trafficking offense in its state laws, so trafficking offenses are commonly prosecuted as other kinds of drug crimes. Texas Penal Code § 481.121 is the statute relating to possession of marijuana (referred to in the Penal Code as marihuana).
Under this law, a person could face the following charges:
| Amount | Classification | Penalty |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days in jail and/or a fine of up to $2,000 |
| More than 2 ounces but less than 4 ounces | Class A misdemeanor | Up to one year in jail and/or a fine of up to $4,000 |
| More than 4 ounces but less than 5 pounds | State jail felony | Up to two years in state jail and/or a fine of up to $10,000 |
| More than 5 pounds but less than 50 pounds | Third-degree felony | Up to 10 years in prison and/or a fine of up to $10,000 |
| More than 50 pounds but less than 2,000 pounds | Second-degree felony | Up to 20 years in prison and/or a fine of up to $10,000 |
| More than 2,000 pounds | First-degree felony | Up to 99 years or life in prison and/or a fine of up to $10,000 |
Texas Penal Code § 481.120 is the state law relating to delivery of marijuana, which a person could be charged with when authorities suspect that marijuana was being used for sale. Prosecutors in these cases will still have to prove that an alleged offender delivered marijuana to another person, even if there was no money exchanged.
Penalties in these cases could include:
| Amount | Classification | Penalty |
|---|---|---|
| Quarter-ounce or less with no money exchanged | Class B misdemeanor | Up to 180 days in jail and/or a fine of up to $2,000 |
| Quarter-ounce or less with money exchanged | Class A misdemeanor | Up to one year in jail and/or a fine of up to $4,000 |
| More than a quarter-ounce but less than 5 pounds | State jail felony | Up to two years in state jail and/or a fine of up to $10,000 |
| More than 5 pounds but less than 50 pounds | Third-degree felony | Up to 10 years in prison and/or a fine of up to $10,000 |
| More than 50 pounds but less than 2,000 pounds | Second-degree felony | Up to 20 years in prison and/or a fine of up to $10,000 |
| More than 2,000 pounds | First-degree felony | Up to 99 years or life in prison and/or a fine of up to $10,000 |
Federal Marijuana Trafficking Penalties
The federal government investigates and prosecutes large-scale marijuana distribution rings in Texas when the alleged offenses are believed to have crossed state borders. The Drug Enforcement Agency and multiple other agencies could be involved in these kinds of arrests.
Under 21 U.S. Code § 844, possession of marijuana is punishable as follows:
- First conviction — Misdemeanor with up to one year in prison and a minimum fine of $1,000
- Second conviction — Misdemeanor with 15 days to two years in prison and a minimum fine of $2,500
- Third or subsequent conviction — Felony with 90 days to three years in prison and a minimum fine of $5,000
Additionally, 21 U.S. Code § 841 relates to the manufacture, distribution, or possession with intent to distribute marijuana. A conviction on fewer than 50 kilograms of marijuana can result in up to five years in prison and/or a fine of up to $250,000 for an individual or $1 million non-individuals. The fine, prison term and probation will be doubled if it is an alleged offender’s second felony drug offense.
Possession or distribution of 50 to 99 kilograms of marijuana or 50 to 99 marijuana plants is punishable by up to 20 years in prison and three years of supervised probation as well as a fine of up to $1 million for an individual and $5 million for non-individuals. Possession or distribution of 100-999 kilograms of marijuana results in a felony conviction punishable by up to 40 years in prison and at least four years of supervised probation as well as a fine of up to $5 million for individuals or $25 million for non-individuals.
A previous felony drug conviction can lead to an increase in the prison term of a minimum of 10 years and a maximum of life imprisonment with at least eight years of supervised probation following release. Fines may be up to $8 million for individuals or $50 million for non-individuals.
Possession or distribution of over 1,000 kilograms of marijuana or more than 1,000 marijuana plants is punishable by a minimum 10 years in federal prison and a maximum term of life imprisonment. At least five years of supervised probation will follow any prison term. Fines may range up to $10 million for individuals or $50 million for non-individuals.
Previous felony drug convictions can increase prison terms to a minimum of 20 years and a maximum of life imprisonment with at least 10 years of supervised probation following release. If there are two or more felony drug convictions in addition to a new charge under this section, the sentence will be life imprisonment.
Collin County Marijuana Trafficking Resources
Texas Man Pleads Guilty for Role in Interstate Marijuana Trafficking Conspiracy — A 31-year-old man pleaded guilty for his role in a conspiracy to traffic marijuana grown in Portland to Texas. Federal authorities seized approximately 11,000 marijuana plants, 546 pounds of processed marijuana, more than $2.8 million in cash, 51 firearms, 26 vehicles, trailers, pieces of heavy equipment, a yacht, and three houses used as a marijuana grow sites, all since August 2017. The man pleaded guilty to one count each of conspiring to manufacture, possess with intent to distribute, and distribute marijuana, maintaining drug-involved premises, and using and carrying a firearm during and in relation to a drug trafficking crime. The case was investigated by the U.S. Drug Enforcement Administration, IRS Criminal Investigation, Homeland Security Investigations, and the FBI, but it was prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Quick Facts on Marijuana Trafficking Offenses | United States Sentencing Commission (USSC)— View a PDF of marijuana trafficking statistics from 2019. In the fiscal year 2019, 76,538 cases were reported to the USSC, 20,085 cases involved drugs, 19,765 cases involved drug trafficking, and 8.5 percent of drug trafficking cases involved marijuana although marijuana trafficking offenders have decreased by 51.6 percent since the fiscal year 2015. The average sentence for marijuana trafficking offenders was 31 months, 89.9 percent were sentenced to prison, and 36.8 percent were convicted of an offense carrying a mandatory minimum penalty although 74.7 percent of those offenders were relieved of that penalty. The Western District of Texas and the Southern District of Texas were listed as two of the top five districts for marijuana trafficking offenders. The average guideline minimum increased from 39 months in the fiscal year 2015 to 40 months in the fiscal year 2019, and the average sentence imposed increased from 29 months in the fiscal year 2015 to 31 months in the fiscal year 2019.
Find A Collin County Defense Attorney for Marijuana Trafficking | Law Offices of Richard C. McConathy
If you were recently arrested for marijuana trafficking anywhere in Collin County, you absolutely must be certain to discuss your case with qualified legal counsel. Make sure that you take the time to contact The Law Offices of Richard C. McConathy so you can give yourself the best chance of overcoming your criminal charges and moving on with your life.
Our firm has handled many different kinds of major drug charges and we know how to fight these cases and secure the evidence needed to avoid convictions. Call (469) 304-3422 or contact us online to let us really dig into the details of your case and get a better idea of what you are dealing with during a free consultation.