Drug crimes in Texas usually involve arrests made and prosecutions directed by state agencies. The drug trade, however, is a global enterprise and certain crimes may cross state lines.
Major drug crimes are frequently handled by federal agencies that have invested significantly in the investigation and prosecution of such offenses. Federal drug crimes have far more serious consequences than the traditional state charges.
Federal Drug Charges Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you or your loved one were arrested or believe that you might be under investigation for an alleged federal drug crime in Dallas, do not say anything to authorities until you have legal representation. Make sure you contact the Law Offices of Richard C. McConathy as soon as possible.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Federal Drug Schedules
Five different classifications for illegal drugs called schedules are established under the Controlled Substances Act (CSA), the federal law largely dictating drug policy in the country. Schedules are based on a controlled substance’s abuse or dependency potential and accepted medical use.
Drug schedules are defined as follows:
- Schedule I — Drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse. Examples include lysergic acid diethylamide (LSD), peyote, marijuana, 3,4-methylenedioxymethamphetamine (MDMA, Ecstasy, or Molly), heroin, methaqualone, mescaline, and gamma-Hydroxybutyric acid (GHB).
- Schedule II — Drugs, substances, or chemicals with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Examples include hydromorphone (Dilaudid), oxycodone (OxyContin, Percocet), meperidine (Demerol), cocaine, methamphetamine, opium, methylphenidate (Ritalin), Dexedrine, fentanyl, and morphine.
- Schedule III — Drugs, substances, or chemicals with a moderate to low potential for physical and psychological dependence. Examples include ketamine, anabolic steroids, and products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine).
- Schedule IV — Drugs, substances, or chemicals with a low potential for abuse and low risk of dependence. Examples include carisoprodol (Soma), lorazepam (Ativan), diazepam (Valium), and alprazolam (Xanax).
- Schedule V — Drugs, substances, or chemicals with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for analgesic, antitussive, and antidiarrheal purposes. Examples include diphenoxylate (Lomotil), pregabalin (Lyrica), and cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC).
Federal Drug Trafficking Penalties
Possession, delivery, distribution, cultivation, manufacturing, conspiracy, and fraud are common examples of the types of federal drug crimes people can be charged with. The United States Sentencing Commission (USSC) reported that 19,222 of 67,742 cases reported to the agency were for drug trafficking and 95.7 percent of offenders in drug trafficking cases were sentenced to prison.
Federal drug trafficking conviction penalties are as follows:
The United States Drug Enforcement Agency (DEA) lists the following penalties for trafficking convictions:
Controlled Substance | Amount | Prison Sentence | Fine |
Cocaine | 500-4,999 grams | First Offense: Mandatory minimum five-year sentence up to 40 years in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Mandatory minimum 10-year sentence up to life in prison. If the case involves death or serious bodily injury, a life sentence. | First Offense: Up to $5 million for individuals, $25 million for non-individuals. Second Offense: Up to $8 million for individuals, $50 million for non-individuals. |
Cocaine base | 28-279 grams | ||
Fentanyl | 40-399 grams | ||
Fentanyl analogue | 10-99 grams | ||
Heroin | 100-999 grams | ||
LSD | 1-9 grams | ||
Pure methamphetamine | 5-49 grams | ||
Methamphetamine mixture | 50-499 grams | ||
Pure PCP | 10-99 grams | ||
PCP mixture | 100-999 grams | ||
Cocaine | 5 kilograms or more | First Offense: Mandatory minimum 10-year sentence up to life in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Mandatory minimum 20-year sentence up to life in prison. If the case involves death or serious bodily injury, a life sentence. Third or Subsequent Offense: Life in prison. | First Offense: Up to $10 million for individuals, $50 million for non-individuals. Second Offense: Up to $20 million for individuals, $75 million for non-individuals. Third or Subsequent Offense: Up to $20 million for individuals, $75 million for non-individuals. |
Cocaine base | 280 grams or more | ||
Fentanyl | 400 grams or more | ||
Fentanyl analogue | 100 grams or more | ||
Heroin | 1 kilogram or more | ||
LSD | 10 grams or more | ||
Pure methamphetamine | 50 grams or more | ||
Methamphetamine mixture | 500 grams or more | ||
Pure PCP | 100 grams or more | ||
PCP mixture | 1 kilogram or more | ||
Other Schedule I and Schedule II Substances | Any amount | First Offense: Up to 20 years in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Up to 30 years in prison. If the case involves death or serious bodily injury, life imprisonment. | First Offense: Up to $1 million for individuals, $5 million for non-individuals. Second Offense: Up to $2 million for individuals, $10 million for non-individuals. |
Any drug product containing gamma-Hydroxybutyric acid (GHB) | Any amount | ||
Flunitrazepam | 1 gram or more | ||
Other Schedule III Drugs | Any amount | First Offense: Up to 10 years in prison. If the case involves death or serious bodily injury, up to 15 years in prison. Second Offense: Up to 20 years in prison. If the case involves death or serious bodily injury, up to 30 years in prison. | First Offense: Up to $500,000 for individuals, $2.5 million for non-individuals. Second Offense: Up to $1 million for individuals, $5 million for non-individuals. |
All other Schedule IV Drugs (other than one gram or more of Flunitrazepam) | Any amount | First Offense: Up to five years in prison. Second Offense: Up to 10 years in prison. | First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. |
All Schedule V Drugs | Any amount | First Offense: Up to one year in prison. Second Offense: Up to four years in prison. | First Offense: Up to $100,000 for individuals, $250,000 for non-individuals. Second Offense: Up to $200,000 for individuals, $500,000 for non-individuals. |
Marijuana | 1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants | First Offense: Mandatory minimum 10-year sentence up to life in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Mandatory minimum 20-year sentence up to life in prison. If the case involves death or serious bodily injury, a life sentence. | First Offense: Up to $10 million for individuals, $50 million for non-individuals. Second Offense: Up to $20 million for individuals, $75 million for non-individuals. |
Marijuana | 100 to 999 kilograms of marijuana mixture, or 100 to 999 marijuana plants | First Offense: Mandatory minimum five-year sentence up to 40 years in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Mandatory minimum 10-year sentence up to life in prison. If the case involves death or serious bodily injury, a life sentence. | First Offense: Up to $5 million for individuals, $25 million for non-individuals. Second Offense: Up to $8 million for individuals, $50 million for non-individuals. |
Marijuana | 50 to 99 kilograms of marijuana mixture, or 50 to 99 marijuana plants | First Offense: Up to 20 years in prison. If the case involves death or serious bodily injury, a mandatory minimum 20-year sentence up to life in prison. Second Offense: Up to 30 years in prison. If the case involves death or serious bodily injury, life imprisonment. | First Offense: Up to $1 million for individuals, $5 million for non-individuals. Second Offense: Up to $2 million for individuals, $10 million for non-individuals. |
Hashish | More than 10 kilograms | ||
Hashish Oil | More than 1 kilogram | ||
Marijuana | Less than 50 kilograms of marijuana (Not including 50 or more marijuana plants, regardless of weight), or 1 to 49 marijuana plants | First Offense: Up to five years in prison. Second Offense: Up to 10 years in prison. | First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. |
Hashish | 10 kilograms or less | ||
Hashish Oil | 1 kilogram or less |
Dallas County Federal Drug Crime Resources
Drug Offenders in Federal Prison – Bureau of Justice Statistics (BJS) — According to this October 2015 Department of Justice Report, nearly all (99.5 percent) drug offenders in federal prison were serving sentences for drug trafficking. More than half (54 percent) of drug offenders in federal prison involved cocaine (powder or crack) as the primary drug type. Federal drug offenders had an average prison sentence of over 11 years.
United States Drug Enforcement Administration (DEA) — The mission of the DEA is to “enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States.” On this website, you can find drug fact sheets, view the entire CSA, and learn more about drug scheduling. You can also access information about the DEA’s Community Outreach, Office of Diversion of Control, and other programs.
Find A Dallas County Defense Attorney for Federal Drug Charges | Law Offices of Richard C. McConathy
Were you or your loved one arrested or do you think that you could be under investigation for a federal drug crime in Dallas or another community in Dallas County? You are going to want to be quick to retain legal counsel.
The Law Offices of Richard C. McConathy defends clients in state and federal courts all over Texas. Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.