Waco Drug Trafficking Lawyer Smuggling Importing McLennan County Attorney


Waco Drug Trafficking Smuggling Importing Defense Attorney
All controlled substances, including medications, medications without prescriptions, prescription pills, narcotics, hallucinogens, stimulants, depressants, street drugs, chemicals, man-made substances and natural substances are classified into four different penalty groups in the Texas Controlled Substances Act. Three of the four most abused drugs in the United States, marijuana, heroin and methamphetamines, are not only smuggled from Mexico, but are also manufactured there. Mexican drug cartels also bring cocaine, the other most popularly abused drug, to the United States from where it is produced in South America. As defined in the Texas Health and Safety Code §§ 481.101 – 105, the penalty groups are used to classify different substances for the purpose of establishing punishments for drug trafficking offenses.

Texas Controlled Substances Act Penalty Groups and Related Penalties
Penalty Group I (PG-1) – Substances in this group can include cocaine, codeine, methadone, GHB, heroin, methamphetamines, meth, morphine, oxycodone, oxycontin, speed, hydrocodone, the Date Rape Drug, Gamma-hydroxybutyric acid, Special K, and ketamine. Penalties depend on the amount of the drug.

  • Less than 1 gram – state jail felony
  • More than 1 gram, but less than 4 grams – second degree felony
  • More than 4 grams, but less than 200 grams – first degree felony
  • More than 200 grams, but less than 400 grams – 10 years to life in prison and a fine less than $100,000
  • More than 400 grams – 15 years to life in prison and a fine less than $250,000

Penalty Group I-A (PG-1-A) – The substance in this penalty group Lysergic acid diethylamide, which is also known as LSD.

  • Less than 20 units – state jail felony
  • More than 20 units, but less than 80 units – second degree felony
  • More than 80 units, but less than 4,000 units – first degree felony
  • More than 4000 units – 15 years to life in prison and a fine less than $250,000

Penalty Group II (PG-2) – Substances in this group can include bath salts, MDMA, ecstasy, Psilocybin, cathinone, and magic mushrooms.

  • Less than 1 gram – state jail felony
  • More than 1 gram, but less than 4 grams – second degree felony
  • More than 4 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

Penalty Group III (PG-3) – Substances in the group can include Xanax, Ambien, Valium, Zolpidem, Lysergic acid, and drugs containing small amounts of narcotics.

  • Less than 28 grams – state jail felony
  • More than 28 gram, but less than 200 grams – second degree felony
  • More than 200 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

Penalty Group IV (PG-4) – Substances in this penalty group can include substances with limited quantities of narcotics that also contain one or more non-narcotic active medical ingredient.

  • Less than 28 grams – state jail felony
  • More than 28 gram, but less than 200 grams – second degree felony
  • More than 200 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

McLennan County Drug Trafficking Arrest
Penalties for drug trafficking offenses can increase depending on whether the alleged offender has any previous criminal convictions, whether the offense resulted in serious bodily injury, whether the alleged offender used a weapon during the commission of the offense, and whether a child under the age of 18 was involved in the offense.
The following code sections of the Texas Controlled Substances Act describe offenses and possible charges:

  • Texas Health & Safety Code § 481.112 – Manufacture or Delivery of Substance in Penalty Group 1
  • Texas Health & Safety Code § 481.1121 – Manufacture or Delivery of Substance in Penalty Group 1-A
  • Texas Health & Safety Code § 481.1122 – Manufacture of Substance in Penalty Group 1: Presence of Child
  • Texas Health & Safety Code § 481.113 – Manufacture or Delivery of Substance in Penalty Group 2
  • Texas Health & Safety Code § 481.114 – Manufacture or Delivery of Substance in Penalty Group 3 or 4
  • Texas Health & Safety Code § 481.119 – Manufacture, Delivery or Possession of Miscellaneous Substances
  • Texas Health & Safety Code § 481.120 – Delivery of Marijuana
  • Texas Health & Safety Code § 481.122 – Delivery of Controlled Substance or Marijuana to Child
  • Texas Health & Safety Code § 481.124 – Possession of transport of Certain Chemicals with Intent to manufacture Controlled Substance
  • Texas Health & Safety Code § 481.1245 – Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment
  • Texas Health & Safety Code § 481.125 – Possession or Delivery of Drug Paraphernalia
  • Texas Health & Safety Code § 481.137 – Transfer of Precursor Substance for Unlawful Manufacture
  • Texas Health & Safety Code § 481.141 – Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

An experienced criminal defense attorney is necessary to fight these charges and help a person avoid the harsh penalties associated with these charges. A Waco drug trafficking defense attorney can help the local defendant with critical information about the local judge, jury and prosecutors. Thomas West has the local understanding required. Waco defense lawyer Thomas C. West is a former prosecutor. He is board certified in Criminal Law, which is a distinction held by very few criminal defense attorneys. If you need an aggressive criminal defense attorney in Waco, call Thomas West at 254-753-6437.