Houston Drug Transportation Lawyer
Facing Harsh Texas Drug Crime Penalties
In the United States, the Controlled Substances Act (CSA) is the federal
U.S. drug policy for which the possession, distribution, manufacture,
and trafficking of controlled substances is regulated. The CSA created
five Schedules (classifications) of drugs, with Schedule I drugs having
the highest potential for abuse, and with them having no accepted medical
use or treatment in the United States.
Today, the Drug Enforcement Administration (DEA) is the federal law enforcement
agency under the United States Department of Justice that combats drug
smuggling and illicit drug use in the United States. The DEA is the leading
agency for domestic enforcement of the Controlled Substances Act, but
it also shares concurrent jurisdiction with the Federal Bureau of Investigation
(FBI), and Immigration and Customs Enforcement (ICE).
According to the U.S. Department of Justice,
Mexican drug trafficking organizations (DTOs) make up the greatest drug
trafficking threat in the United States. These DTOs make tens of billions of dollars in profits each year from
the abuse and trafficking of illicit drugs and its associated activities.
There are a number of different groups that are involved in the illegal
drug trade, some of which include drug cartels, these are large, highly
sophisticates organizations. Others include drug trafficking organizations
(DTOs), which are complex organizations with well-defined command-and-control
structures that produce and transport large quantities of illegal drugs.
There are criminal groups throughout the country that range from small
to moderate sized, loosely knit groups that distribute drugs at the retail
level. There are also street gangs that collectively engage in criminal
activity, there are prison gangs that are highly structured criminal networks
that operate within the state and federal prison systems, and there are
outlaw motorcycle gangs (OMGs), which are highly structured organizations
where members engage in criminal activities including violent crimes,
weapons trafficking, and drug trafficking. Anyone in Texas involved in
a Mexican drug trafficking organization, a street gang, or a loosely knit
group can get busted for transporting illegal drugs, and when they do,
they face serious criminal penalties depending upon the type and quantity
of the drug.
Manufacture or Delivery of a Controlled Substance in Houston
Controlled substances are heavily regulated under both state and federal
drug laws. The state of Texas does not distinguish between transporting
drugs and selling drugs. Under Section 481.112, of the Health and Safety
Code, Manufacture or Delivery of Substance in Penalty Group 1-A, a person
commits the offense if he or she knowingly manufactures, delivers, or
possesses with the intent of delivering a controlled substance in penalty
group 1. An offense in this section can range from a state jail felony
if the amount was less than one gram, to a second degree felony if the
amount was one gram but less than four grams, or a first degree felony
if the amount was four grams or more but less than 200 grams.
The penalties vary depending upon the type of drug and the quantity; however,
upon conviction the defendant can face up to 99 years in prison and up
to $250,000 in fines. Some of the drugs in Penalty Group 1 consist of cocaine,
heroin, opium, GHB, and Oxycodone. Under Section 481.120,
Delivery of Marihuana, the offense can range from a Class B misdemeanor to a first degree felony
depending on the amount and it can incur up to 99 years in prison and
up to $100,000 in fines depending on the amount.
Contact a Houston Drug Crime Lawyer Today!
In essence, the penalties for
manufacturing or delivering a controlled substance will depend upon which penalty group the drug is classified under, the
quantity of the drug, as well as the defendant's criminal history,
whether or not a minor was involved, and other relevant factors. If you
are facing state or federal drug charges in Texas, you are urged to contact
former Houston prosecutor, Mark Morasch, at once to discuss which defense
strategies he would employ in your case.
former prosecutor that was named as one of Houston's Top Lawyers by
H Texas Magazine, he is 100% dedicated to helping his clients achieve real results.
Contact a Houston drug crime attorney from the firm today to begin protecting your future and your freedom!