10 Things to Know About Drug Trafficking Charges

Drug Trafficking in Texas Isn’t Just About Cartels — It’s About You, Your Rights, and What’s at Stake

When most people hear the term drug trafficking, they think of large-scale smuggling operations across international borders. But under Texas law, drug trafficking charges can be filed even for transporting small quantities if prosecutors believe the drugs were intended for distribution. In Harris County and Brazoria County, prosecutors take a zero-tolerance approach — and the penalties can be life-changing.

If you or a loved one has been accused of drug trafficking, you need to understand how these charges work, what the State must prove, and why having an experienced attorney near you is critical from day one.

In this post, you’ll learn 10 essential facts about drug trafficking charges in Harris and Brazoria County and how to protect your rights when facing one of the most serious drug offenses under Texas law.

1. Drug Trafficking Is Often Charged as Delivery or Possession With Intent to Deliver

Under Tex. Health & Safety Code § 481.112, Texas law defines drug trafficking as the manufacture, delivery, or possession with intent to deliver a controlled substance. You don’t have to be caught selling the drug — just having it in a quantity and context that suggests it was for distribution is enough for a felony charge.

In many cases, law enforcement uses circumstantial evidence to build a trafficking case:

• Packaging materials
• Digital scales
• Cash
• Text messages referencing sales
• Surveillance footage

2. The Penalty Group and Weight Determine the Severity of the Charge

As with other drug offenses in Texas, the Penalty Group and quantity determine how severe the trafficking charge will be. Trafficking large amounts of substances in Penalty Group 1 (heroin, meth, cocaine) can quickly lead to first-degree felony charges, even if it’s your first offense.

For example:

• 4–200 grams of cocaine = First-Degree Felony
• 200–400 grams = 10 years to life in prison
• Over 400 grams = Mandatory minimum of 15 years to life

See Types of Controlled Substances Under Texas Law (Penalty Groups Explained) for details on how each drug is classified.

3. Transporting Drugs = Trafficking, Even Without Selling

If you are caught transporting drugs from one location to another, prosecutors in Harris or Brazoria County may still charge you with trafficking — even if you were not the seller or end user.

Examples include:

• Driving with multiple kilos in your trunk
• Shipping packages through a courier service
• Carrying large quantities across county lines

Intent to distribute can be inferred from circumstances — which means you can be charged without ever making a sale.

4. You Can Be Charged for Participating in a Distribution Network

Texas law allows prosecutors to target individuals who facilitate trafficking operations, including:

• Drivers
• Couriers
• Middlemen
• Lookouts

Even if you never handled the drugs directly, prosecutors can charge you under conspiracy or aiding and abetting statutes.

This tactic is common in task force investigations in Brazoria County, where narcotics units build large-scale cases involving multiple defendants based on phone records and surveillance.

5. Trafficking in a Drug-Free Zone Enhances Penalties

Were you arrested within 1,000 feet of a school, playground, youth center, or public pool? If so, you may face enhanced sentencing under Tex. Health & Safety Code § 481.134.

This can mean:

• Mandatory minimum sentences
• Felony charge enhancement
• Limited access to probation or parole

See What Makes a Drug Crime a Felony in Texas? to understand how enhancements affect sentencing.

6. Federal Charges Are a Risk in High-Quantity Cases

If you’re caught trafficking significant amounts or crossing county, state, or international borders, your case could be referred to federal court. In these cases, you may be prosecuted under federal drug trafficking laws, where penalties are even more severe.

Federal cases in Harris County often arise from:

• DEA investigations
• Task force operations
• Wiretap warrants or controlled buys

Your attorney near you should be prepared to defend you in either state or federal court — or work to keep your case in state court where sentencing may be more favorable.

7. Prosecutors May Charge Money Laundering Alongside Trafficking

If you’re accused of drug trafficking, prosecutors may also file money laundering charges under Tex. Penal Code § 34.02 if you’re found with large sums of cash, multiple bank accounts, or suspicious transfers.

These additional charges:

• Add complexity to your case
• Create more risk in plea negotiations
• Increase potential prison exposure

An experienced defense lawyer can fight to sever these charges or negotiate reductions.

8. Trafficking Convictions Have Severe Collateral Consequences

Even after you serve your sentence, a trafficking conviction can impact the rest of your life. Collateral consequences include:

• Ineligibility for student loans
• Immigration consequences and deportation
• Difficulty getting housing or employment
• Suspension of professional licenses

This is why early defense strategy — including possible charge reduction to possession or dismissal — is so important.

9. Common Defenses Include Unlawful Search, Lack of Intent, or Entrapment

Your lawyer near you will explore every opportunity to challenge the evidence. Common defenses to trafficking include:

• Illegal search and seizure
• Lack of probable cause for a stop or warrant
• No intent to deliver
• Mistaken identity or constructive possession
• Entrapment by law enforcement

Trafficking cases are often built on flawed assumptions — a skilled attorney can expose those weaknesses in court or during negotiation.

10. The Right Attorney Can Challenge Every Piece of the State’s Case

Drug trafficking charges are complex — and the stakes are high. You need a criminal defense attorney who understands how prosecutors build trafficking cases, how to challenge forensic evidence, and how to negotiate strategically.

Mekisha Walker, former felony prosecutor and veteran trial attorney, knows how law enforcement and district attorneys approach trafficking — and how to dismantle them at every phase.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/

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