When Is Drug Trafficking a Federal Crime in Texas?
Whether or not drug trafficking is a federal crime is often debated, especially in states like Texas. With that being said, it is important to know the facts when you are trying to decide whether or not you should be concerned.
Marijuana
Despite the recent legalization of marijuana in multiple states, marijuana still remains illegal under federal law. This means that drug possession, sale, and trafficking is illegal, and federal law can be used to prosecute those involved.
The penalties for marijuana crimes vary depending on the type of offense and the amount of marijuana involved. A simple possession charge will result in a fine, while a felony will involve a prison term. A felony conviction will affect your right to vote, receive financial aid, and even own firearms. A second felony offense will increase the minimum prison term, but will not increase the maximum prison sentence.
A simple possession charge is a Class A misdemeanor. A Class B misdemeanor carries a fine but will result in a probationary period. Those involved in large-scale drug trafficking will face more serious penalties. The federal government will use powerful resources to track down those responsible for trafficking marijuana.
The first-degree felony carries a maximum prison term of life. A second-degree felony carries a sentence of two to 20 years. A third-degree felony will result in a minimum of 180 days in jail. An affirmative defense exists if you are under 21 and knowingly give marijuana to a child. The Texas Department of Public Safety issued a memo instructing officers to issue citations for possessing under four ounces of marijuana.
In addition to the fine and incarceration time, a marijuana possession charge will involve a probationary period. This is because a felony conviction may affect your ability to find employment and financial aid. Those charged with marijuana possession will need an excellent criminal defense attorney. The Tripodi Law Firm, P.C. is a top criminal defense law firm in Houston.
In addition to penalties for simple possession, the state charges those who sell and deliver marijuana. Sales of concentrates and hashish are classified as felony crimes. Sales of concentrates and hashish are only applicable to those 18 years or older and will result in a minimum sentence of 2 years and a maximum sentence of 20 years. The Texas Department of Public Safety reported nearly 63,000 marijuana arrests in 2018.
The Texas legislature passed a bill this session that makes it easier for many Texans charged with marijuana possession to have their criminal records expunged. The bill is titled House Bill 441 and is authored by state Rep. Erin Zwiener. This bill will help many Texans get their records cleared and lower the criminal penalties for the first offense of marijuana possession.
Aside from the penalty, a marijuana possession charge will also affect your right to vote. You must prove that you were not involved in a marijuana distribution operation. A previous felony drug conviction will increase the minimum prison term. It is also important to note that the Texas Department of Public Safety reported nearly 45,000 marijuana arrests in 2019.
Marijuana is considered a Schedule I controlled substance under federal law. It is highly likely to be abused, and the drug has no generally recognized medical value.
Synthetic compounds
Getting high on a synthetic drug is an easy and fun way to pass the time, but if you’re caught in possession of a synthetic substance, you could face harsh punishment. Fortunately, there are several legal defenses that you can use to protect yourself from these charges. You’ll need a knowledgeable criminal defense attorney to defend you.
Synthetic compounds have been illegal for many years, but the latest versions of synthetic drugs may be more difficult to police than their predecessors. As these substances become increasingly popular, law enforcement agencies are working to keep up with the latest developments.
Synthetic drugs are essentially artificial substances that mimic the effects of a natural substance, such as marijuana. These substances are created by inundating foliage with synthetic cannabinoid compounds. They’re then soaked in an Acetone solution, which acts as a vehicle for combustion. The result is a highly potent product and often laced with other toxic chemicals. In addition to being illegal, synthetic drugs have dangerous side effects, including brain damage, memory loss, seizures, and overdoses. Synthetic drugs have been associated with multiple overdose deaths throughout the U.S.
Synthetic drugs have become popular because they are often marketed as a “safe” way to get high. However, users may find that synthetic drugs carry a higher risk of death than their natural counterparts. They may also have less predictable side effects. As a result, they may be more likely to become addicted.
Synthetic drugs are illegal under federal law, and state laws vary. Some states have banned specific chemical compounds, while others have banned entire classes of substances. For instance, Texas has banned synthetic marijuana and bath salts. However, many of these substances are still available online. Similarly, a number of synthetic drugs are still legal in other states.
Another state or federal regulatory agency must approve the FDA-approved synthetic substance. It’s not surprising then that the packaging for these substances cannot be labeled with “not for human consumption.” There is, however, a loophole in the rule of law that allows manufacturers to circumvent state laws by using similar packaging for a different product.
The most important thing to know is that the FDA’s approval of a synthetic substance isn’t enough to protect you from liability. You also need to understand that these products are not standardized, meaning that the amount you take could vary significantly from person to person. Also, you may be unable to prove that you purchased the synthetic product from a friend. A drug search in an illegal manner is also likely to result in a finding that’s inadmissible in court.
Synthetic drugs are often sold as “legal highs” and “meth.” But these products aren’t legal. They’re just designed to be marketed in a way that people think they are. However, in reality, they’re just as illegal as natural drugs. In many cases, users don’t know that they’re consuming illicit products, and they can overdose or die from them.
Penalties
Drug trafficking in Texas can carry some very severe penalties depending on the type and amount of drugs involved. Penalties can range from a few years in prison and a fine of up to $10,000 to life imprisonment and millions of dollars in fines. If you are facing drug trafficking charges, you may need to retain the services of an experienced attorney to help defend you.
Contact an attorney immediately if you have been charged with drug possession or drug trafficking in Texas. Your attorney will help to minimize your penalties and may also work to have charges dismissed.
If you are charged with drug trafficking, you may face penalties for drug delivery, manufacturing, or possessing drugs with intent to deliver. The penalties you will receive will depend on the type of drugs you were accused of distributing or manufacturing.
Penalty group two is the least dangerous of the four penalty groups, but it is still highly addictive. A trafficker possessing less than a gram of a penalty group two substances can face a six-month to a two-year state jail sentence. If the crime was committed near a school, the penalties might increase. You may face difficulty finding a job or securing housing if you have a criminal record.
Penalty group one is the most dangerous, but the more dangerous drugs in group one are less addictive. A trafficker possessing more than four grams of a penalty group one substance can be charged with a first-degree felony. A first-degree felony is punishable by up to 99 years in prison.
Trafficking of drugs in penalty group two can result in a fine of up to $10,000. However, the fine will increase if the trafficker has a prior criminal history or if the drug was found near a school. The penalty will increase even more if the drug is found near a daycare center.
The fine for drug delivery or manufacturing crime can also increase.
Drug trafficking can also be charged as a federal crime if you have a criminal history, have been convicted of a federal crime, or are outside of the state’s boundaries. If you have been charged with drug trafficking, you need an experienced attorney who will fight to reduce your charges. A Texas drug crimes attorney, can help to fight to have your charges reduced.
If you are charged with drug trafficking in Texas, you may have a criminal record that will follow you for the rest of your life. The state will attempt to seize your property, and your personal property may also be forfeited.
You may also face civil forfeitures, meaning the proceeds will go to law enforcement agencies.
Drug trafficking charges can carry some very severe penalties, and you need to be aware of them if you are accused. Contact an experienced Texas drug crimes attorney to help you fight the charges.