NO! In this blog, we'll explain the differences between drug trafficking and drug distribution. If you've been charged with a drug crime, you should understand your situation. Simply put, a drug trafficking charge is based on the weight of the drugs, while a drug distribution charge is based on their movement.
When can I be charged with drug trafficking?
As with drug distribution, you can be charged with drug trafficking simply for having a large amount of cash and drugs in your possession, or for having scales, packaging materials, or other items associated with drug sales.
In other words, if the amount of drugs you have in your possession is excessive for your personal use, you could face a drug trafficking or distribution charge.
If the weight of the drugs exceeds a certain limit, a drug trafficking charge may be imposed.
When is a case considered only drug distribution?
A drug distribution charge is imposed on anyone who transfers, sells, imports, or moves a controlled substance such as heroin, methamphetamine, or cocaine in any way, and such a charge does not require that you be caught in the act of selling or distributing those drugs. A drug distribution charge can be imposed simply for having a large amount of cash and a large quantity of illegal drugs.
What is the penalty for trafficking or distributing drugs in Texas?
Drug trafficking is a serious crime under both Texas and federal law. Penalties can range from a state jail felony punishable by 180 days to two years in prison to a first-degree felony punishable by 15 to 99 years in prison.
If the crime involves transporting drugs across a state or national border, the offense may result in a federal charge, with harsher penalties. Minimum prison terms range from five to 25 years. Under federal law, a defendant can be sentenced to life in prison after a third conviction on a drug trafficking charge.
The penalties, punishments, and consequences for drug possession are less severe than those for drug trafficking or distribution.
While simple possession of a controlled substance is a crime under the Texas Controlled Substances Act, it can result in a minimum sentence of 180 days in jail and a fine of $1,400 to $2,000.
If you have a drug case, contact the attorneys of Faith and Mathew Mendez.
