When drugs are sent through the mail in Texas, the consequences can be more serious than many people realize. It doesn’t matter if it’s a small package or a larger shipment, Texas law treats drug trafficking through the mail as a major offense. You may be facing years to life in prison and potential fines, even if it was just a small amount.
At Underwood & Associates, our criminal defense attorneys have extensive experience in drug trafficking cases and know the best defense strategies to reduce your charges. We will review your case, discuss all possible legal options, and fight for your rights. Contact us for a free consultation today to discuss what steps you can take next.
Overview of Drug Mailing Laws in Texas
In Texas, mailing any controlled substance is illegal and treated very seriously. Penalties depend on the type and amount of drug and can include prison time, fines, and a permanent criminal record. Even intercepted packages can lead to charges, as mailing drugs is considered a form of distribution.
Having an experienced drug crimes attorney is crucial to protect your rights. An attorney can review your charges, develop strategies to reduce or challenge penalties, and guide you through the legal process so you don’t face it alone.
Role of Major Carriers: USPS, FedEx, and UPS
Major shipping carriers like USPS, FedEx, and UPS have strict policies in place to prevent illegal shipments, including drugs, from being sent through their networks. Packages are routinely screened using X-rays, scanners, and other detection methods, and employees are trained to report suspicious parcels.
Carriers may also receive tips from law enforcement or the public, which can trigger inspections or investigations. If drugs are discovered, these carriers often cooperate with law enforcement, providing tracking records, shipping labels, and delivery information that can be used as evidence in a case.
Federal Jurisdiction When Using USPS
When drugs are mailed through the U.S. Postal Service, federal authorities automatically gain jurisdiction, meaning the case moves into federal court rather than being handled solely at the state level. Federal drug charges often carry harsher penalties than state charges, including longer prison sentences and higher fines.
The federal system also has its own rules for evidence, trials, and sentencing, which can be very different from Texas state court procedures. An experienced criminal defense attorney can be important when dealing with federal court proceedings, challenging evidence, and exploring defenses that could reduce potential penalties.
How Drugs Are Detected in the Mail
- X-ray and scanning technology: Packages are often screened with X-rays or other scanning devices to detect unusual shapes, densities, or hidden compartments.
- Canine detection units: Drug-sniffing dogs are sometimes used at postal facilities and shipping hubs to identify controlled substances.
- Suspicious activity reports: Postal employees and carrier staff are trained to notice unusual labeling, packaging, or shipping patterns and report them to authorities.
- Tips from the public or law enforcement: Authorities may receive information from informants or community members about potential drug shipments.
- Tracking and delivery records: Carriers maintain detailed shipping records, including sender and recipient information, which can be cross-referenced during investigations.
Texas Penalties for Sending Drugs Through the Mail
Penalties for sending drugs through the mail in Texas can vary widely depending on the type of substance, the quantity involved, and whether the case falls under state or federal jurisdiction. Sentences can range from several years in prison to life, along with substantial fines and lasting impacts on your criminal record. Because each case is unique, it’s important to fully understand how the laws apply to your specific situation.
Penalty Groups and Classification of Drugs
The penalty group your substance falls into plays a key role in how your case is formally charged by prosecutors. It also directly affects the potential severity of your sentence, including the length of jail or prison time and the size of any fines.
| Penalty Group | Example Drugs | Sentencing Range | Fines |
| Group 1 | Heroin, Meth, Cocaine | 180 days to life in prison | $10,000 - $250,000 |
| Group 1-A | LSD | 180 days to life in prison | Up to $250,000 |
| Group 2 | MDMA, PCP | 180 days to 20 years | Up to $10,000 |
| Group 2-A | K2, Spice (synthetics) | 180 days to 20 years | Up to $10,000 |
| Group 3 | Xanax, Ritalin | 180 days to 99 years | $10,000 - $50,000 |
| Group 4 | Codeine, Morphine | 180 days to 99 years | $10,000 - $50,000 |
Differences in Penalties for Prescription Drugs, Marijuana, and Illicit Narcotics
Texas draws sharp distinctions between prescription drugs, marijuana, and illicit narcotics, and the penalties often depend on whether the case involves possession, trafficking, or federal charges.
Illicit Narcotics (Heroin, Cocaine, Methamphetamine, etc.)
These carry the harshest punishments. Even simple possession of small amounts can result in a state jail felony, with jail time and fines up to $10,000. Larger shipments quickly escalate to trafficking or distribution, often charged as a first-degree felony, carrying sentences from decades to life in prison. When these cases involve mailing through the U.S. Postal Service, they frequently fall under federal jurisdiction, where mandatory minimums of 5–10 years apply and fines can soar into the hundreds of thousands.
Prescription Drugs (Xanax, Ritalin, Opioids, etc.)
While prescription medications may seem less severe, mailing them without authorization is still a felony. Possession of even a few pills can bring a state jail or third-degree felony, and shipping larger quantities is typically charged as trafficking, with penalties of up to 20 years in prison. Crossing state lines or mailing in bulk often triggers federal prosecution, which raises the stakes significantly.
Marijuana
Marijuana has its own rules, but penalties escalate fast. Small amounts may be treated as a misdemeanor, but once shipping or distribution is involved, charges rise to felony levels, with the risk of long prison terms and steep fines. Even though some states have legalized marijuana, federal law still classifies it as a controlled substance, meaning that mailing it through USPS can bring federal trafficking charges.
Potential Federal Penalties and Consequences
When drugs are sent through the U.S. Postal Service, the case immediately falls under federal jurisdiction, meaning federal authorities handle the investigation and prosecution. This happens because the USPS is a federal agency, and using it to transport controlled substances is considered a violation of federal drug trafficking laws.
- Prison sentences: 5 years to life, depending on drug type and amount.
- Mandatory minimums: For heroin, cocaine, meth, and other high-risk drugs, mandatory minimums often start at 5–10 years.
- Substantial fines: Up to $250,000 for individuals, with even higher penalties for organizations or repeat offenders.
- Asset forfeiture: Vehicles, real estate, and money tied to drug trafficking can be seized.
- Supervised release: Federal convictions often include years of probation-like supervision after prison, with strict conditions.
The consequences depend not only on the type of drug, but also on the amount and the way it was shipped. What starts as a possession case can quickly escalate to trafficking, and mailing drugs almost always brings federal authorities into the picture.
What to Do If You Are Charged with Mailing Drugs
- Contact an experienced criminal defense attorney immediately: Time is critical in drug mailing cases, especially when federal charges are involved.
- Do not speak to law enforcement without legal counsel: Anything you say can be used against you in court.
- Gather all evidence and documentation: Keep shipping receipts, tracking numbers, and any communications related to the package.
- Avoid contacting the recipient or others involved: This can be interpreted as an attempt to tamper with evidence or obstruct justice.
- Understand your charges and potential penalties: A lawyer can explain the differences between state and federal charges, mandatory minimums, and how drug classifications affect your case.
- Follow your attorney’s guidance carefully: Legal strategies can include challenging the evidence, negotiating plea agreements, or exploring defenses that may reduce or dismiss charges.
How Underwood & Associates Can Protect Your Rights
Being charged with mailing drugs in Texas can carry severe penalties, including prison time, hefty fines, and long-term impacts on your record. Our Texas drug trafficking attorneys at Underwood & Associates are experienced in handling these cases and can guide you through every step of the legal process. Scheduling a free consultation with a criminal defense attorney helps you understand your options, evaluate potential outcomes, and take informed action to address the charges. Contact us today to get started.
