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Dallas, TX  75248

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With a 91% success rate on cases announced for trial since 2002, our attorneys are prepared to fight hard in your name.

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*Free consultation applies only for active criminal cases seeking to retain the office

Marijuana Trafficking

The Law Offices of Richard C. McConathy can represent you against marijuana trafficking violations in both state and federal criminal courts. As a major border state, Texas law enforcement has a unique interest in targeting the trade of marijuana. Even when in possession of limited amounts of marijuana, prosecutors may charge you with distribution and presume you are involved in a trafficking operation.

When marijuana is transported over international borders or across state lines, the federal government via the Drug Enforcement Agency will use its powerful resources to discover those involved. The recent legalization of marijuana in Colorado and Washington has the federal government closely watching mail and air traffic in order to stem the trade of marijuana, edibles, hashish, and hashish oils.

Dallas Lawyer Defending Against Marijuana Trafficking

The one-size-fits-all justice system can easily ensnare people who were minor parties to marijuana distribution schemes or had no involvement whatsoever. If you are faced with conspiracy to distribute marijuana or possession with intent to distribute marijuana in Dallas, call us today to schedule a free first consultation with The Law Offices of Richard C. McConathy. We will immediately review the facts of your case and advise you on the next steps through this difficult process.

There is much at stake when the government has sought you out for marijuana trafficking charges including freedom, fines, and major assets that can be implicated as having been paid for with illegal profits. The Law Offices of Richard C. McConathy will contend every charge against you.


Overview of Marijuana Trafficking Charges


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Marijuana Trafficking Violations in Texas

Marijuana laws in Texas are based on the aggregate weight of marijuana in question. The seriousness of penalties increases with the amount. The State of Texas may charge you with possession or delivery of marijuana.

Texas Penal Code Sec. § 481.121 – Possession of Marihuana

If you knowingly or intentionally possess a usable amount of marijuana, you will be facing arrest and a jail sentence. Four ounces or more will expose you to a felony conviction with a minimum six months in jail. Felony convictions cut off your right to vote, own a firearm, and serve on a jury. You may have difficulty finding work or financial aid.

If you are charged with less than a gram of marijuana with no prior felony convictions, the penalty is a probationary period, the length of which is decided by the judge.

Amount

Sentence

Penalty

2 ounces or less

Class B misdemeanor

Up to 180 days in jail and/or a fine not to exceed $2,000

2 to 4 ounces

Class A misdemeanor

Up to one year in jail and/or a fine not to exceed $4,000

4 ounces to 5 pounds

State jail felony

180 days to two years in state jail and a fine not to exceed $10,000.

If a prior felony or a deadly weapon is involved, penalty is increased to a third degree felony.

5 to 50 pounds

Third degree felony

2 to 10 years in prison and a fine not to exceed $10,000

50 to 2,000 pounds

Second degree felony

2 to 20 years in prison and a fine not to exceed $10,000

Over 2,000 pounds

First degree felony

5 to 99 years in prison and a fine not to exceed $50,000

Texas Penal Code Sec. § 481.120 – Delivery of Marihuana

For a conviction, the State of Texas must prove beyond a reasonable doubt that you knowingly or intentionally delivered marijuana to another person—whether or not money changed hands. An experienced lawyer will be able to challenge all investigatory methods that led to their discovery and their assertion that you knowingly exchanged marijuana.

Amount

Sentence

Penalty

¼ ounce or less and no money exchanged

Class B misdemeanor

Up to 180 days in jail and/or a fine not to exceed $2,000

¼ ounce or less and money is exchanged

Class A misdemeanor

Up to one year in jail and/or a fine not to exceed $4,000

¼ ounce to 5 pounds

State jail felony

180 days to two years in state jail and a fine not to exceed $10,000.

If a prior felony or a deadly weapon is involved, penalty is increased to a third degree felony.

5 to 50 pounds

Second degree felony

2 to 20 years in prison and a fine not to exceed $10,000

50 to 2,000 pounds

First degree felony

5 to 99 years in prison and a fine not to exceed $10,000

Over 2,000 pounds

First degree felony

10 to 99 years in prison and a fine not to exceed $100,000


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Federal Marijuana Trafficking Violations

The federal government will likely be involved in an investigation and prosecution of large-scale marijuana distribution rings in Texas if they are believed to be crossing state borders, using the mail or passenger air travel, or transporting over international lines. The Drug Enforcement Agency can also involve itself in conspiracies involving as few as two people or possession of any amount. Task forces made of multiple law enforcement groups spanning jurisdictions may also be formed in the lead up to arrests.

The government may pull in a wide array of people if only involved in a minor capacity. Due to the serious circumstances, it is important to have legal representation with experience going against the federal government in court.

21 U.S. Code § 844 – Possession of Marijuana

First conviction – Misdemeanor with up to one year in jail and a minimum fine of $1,000
Second conviction – Misdemeanor with 15 days to two years in prison and a minimum fine of $2,500
Third conviction – Felony with 90 days to three years in prison and a minimum fine of $5,000

21 U.S. Code § 841 – Manufacture, Distribution, or Possession with Intent to Distribute Marijuana

A conviction on fewer than 50 kilograms of marijuana will result in a prison sentence of five years or less and a fine of up to $250,000 for an individual or $1,000,000 for those other than an individual. Two years probation must follow any prison term. The fine, prison term, and probation double if this is a second felony drug offense.

The possession or distribution of 50 to 99 kilograms of marijuana or 50 to 99 marijuana plants may be punished by up to 20 years in federal prison accompanied by three years of supervised probation. A fine of up to $1,000,000 for an individual and $5,000,000 for groups may be issued.

Possession or distribution of 100-999 kilograms of marijuana results in a felony conviction with a minimum five years in federal prison and a maximum term of 40 years. At least four years of supervised probation will follow any prison term. Fines can range up to $5,000,000 for individuals or $25,000,000 for those other than an individual.

A previous felony drug conviction will factor in to increase the prison term to a minimum 10 years and maximum of life imprisonment with at least eight years of supervised probation following release. Fines can range up to $8,000,000 for individuals or $50,000,000 for those other than an individual.

Possession or distribution of over 1,000 kilograms of marijuana or more than 1,000 marijuana plants is punishable with a minimum 10 years in federal prison and a maximum term of life imprisonment. At least five years of supervised probation will follow any prison term. Fines can range up to $10,000,000 for individuals or $50,000,000 for those other than an individual.

A previous felony drug conviction will factor in to increase the prison term to a minimum 20 years and maximum of life imprisonment with at least 10 years of supervised probation following release. If there are two or more felony drug convictions in addition to a new charge under this section, the sentence will be life imprisonment.


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Experienced Lawyer Defending Marijuana Trafficking in Dallas

Though it is the most widely used illicit drug in the U.S., pot, dope, cannabis, bud, weed, and marijuana can land a non-violent person behind bars and with a criminal record. If you have drug charges against you for marijuana trafficking or marijuana distribution, find legal representation right away.

The Law Offices of Richard C. McConathy will review your case in a free consultation. Call us at (972) 233-5700 or submit an online form today to schedule an appointment today.


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*Free consultation applies only for active criminal cases seeking to retain the office

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People ask every day how I'm not in prison, and my answer is to recommend this firm. Thank you again Richard, Brian, Amanda, Christina and Cynthia. God Bless. Nicholas D.
Tarrant County DWI
I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help. Leslie L.
Denton County DWI
As a free man, I would highly recommend this law firm to anyone who is in serious trouble. They will do anything they can to save their clients. In my opinion they are the two best DWI lawyers in the state. Jeffrey F.
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Denton County DWI
The Law Offices of Richard C. McConathy PLLC, Attorneys & Lawyers, Dallas, TX