Dallas Drug Possession Lawyers

Every drug possession case in Texas is a contest over two questions: which Penalty Group does the substance fall into, and how much of it was there. The answers determine whether the charge is a Class B misdemeanor with a $2,000 cap, a state jail felony with a 180-day floor, or a first-degree felony with a 99-year exposure. Texas’s seven Penalty Groups (1, 1-A, 1-B, 2, 2-A, 3, and 4) each come with a distinct punishment ladder.

Deandra Grant Law represents people charged with drug possession offenses in Dallas County across the full range of Penalty Groups. Call (214) 225-7117 to discuss your case.

Texas Penalty Groups

The Texas Controlled Substances Act uses two separate classification systems that are often confused. Schedules I through V under Health and Safety Code § 481.032 govern regulation and medical prescribing. Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4 under §§ 481.102 through 481.105 govern criminal penalties. A drug can sit in Schedule II for pharmacy purposes and in Penalty Group 1 for criminal purposes; the two do not track each other.

The seven Penalty Groups are:

Penalty Group 1 (§ 481.102)

Heroin, cocaine, methamphetamine, ketamine, oxycodone, hydrocodone (prescription-level concentrations), morphine, GHB, opium, and most non-fentanyl opiates and opioids. Historically this was the largest group, and it remains the statutory home for most high-exposure possession cases.

Penalty Group 1-A (§ 481.1021)

LSD (lysergic acid diethylamide) and its derivatives. Penalty Group 1-A is the only Penalty Group measured in “abuse units” (dosage units) rather than grams.

Penalty Group 1-B (§ 481.1022) — Added by HB 6 (2023)

Fentanyl, alpha-methylfentanyl, and derivatives of fentanyl. Penalty Group 1-B was created by House Bill 6 in 2023 to separate fentanyl from Penalty Group 1 and subject it to a distinct, significantly harsher manufacture/delivery punishment ladder under § 481.1123, with a parallel first-degree felony murder charge under Penal Code § 19.02(b)(4) when a knowing delivery results in death.

Penalty Group 2 (§ 481.103)

Hallucinogens and tetrahydrocannabinols other than marijuana. The group includes MDMA (ecstasy), psilocybin, mescaline, DMT, PCP, 2C-B, and, importantly, all THC concentrates that do not qualify as legal hemp (vape cartridges, wax, shatter, dab oil, and edibles). Because THC concentrates are in Penalty Group 2, even a nearly empty vape cartridge is a felony.

Penalty Group 2-A (§ 481.1031)

Synthetic cannabinoids (the substances sold as K2, Spice, and similar names). Penalty Group 2-A is measured in ounces and pounds, using the same weight thresholds as marijuana.

Penalty Group 3 (§ 481.104)

Benzodiazepines (Xanax, Valium, Klonopin, Ativan), certain barbiturates, Ritalin and other methylphenidate preparations, anabolic steroids, and various prescription stimulants and depressants.

Penalty Group 4 (§ 481.105)

Compound preparations containing limited amounts of narcotic drugs together with non-narcotic ingredients (for example, certain low-concentration codeine preparations).

Marijuana (§ 481.002(26) and § 481.121)

Plant material from Cannabis sativa L. that exceeds the 0.3% delta-9 THC by dry weight threshold established by HB 1325 (2019). Cannabis meeting the hemp definition is not a controlled substance at all. Concentrates extracted from cannabis are not marijuana and are prosecuted as Penalty Group 2.

Texas Possession Statutes by Penalty Group

Texas has a separate possession statute for each Penalty Group. The statute used on a charging instrument tells you immediately which Penalty Group the state has placed the substance in:

• § 481.115 — Possession of a Penalty Group 1 or 1-B substance (the statute was amended by HB 6 to cover both groups)
• § 481.1151 — Possession of a Penalty Group 1-A substance
• § 481.116 — Possession of a Penalty Group 2 substance
• § 481.1161 — Possession of a Penalty Group 2-A substance
• § 481.117 — Possession of a Penalty Group 3 substance
• § 481.118 — Possession of a Penalty Group 4 substance
• § 481.121 — Possession of marijuana

Each of these statutes shares a common element: the defendant must have knowingly or intentionally possessed the substance (exercised actual care, custody, control, or management over it). Possession does not require ownership, and it does not require the substance to be found on the defendant’s person. What the state has to prove is the defendant’s connection to the substance.

Drug Possession Penalties by Level

Possession penalties in Texas are determined by the Penalty Group and the amount. The ranges differ across groups; the summary below identifies the most common thresholds.

Class B Misdemeanor

Up to 180 days in county jail and a fine of up to $2,000.

• Marijuana: 2 ounces or less
• Penalty Group 2-A: 2 ounces or less

Class A Misdemeanor

Up to one year in county jail and a fine of up to $4,000.

• Marijuana: more than 2 ounces but 4 ounces or less
• Penalty Group 2-A: more than 2 ounces but 4 ounces or less
• Penalty Group 3: less than 28 grams
• Penalty Group 4: less than 28 grams

State Jail Felony

180 days to 2 years in a state jail facility and a fine of up to $10,000.

• Penalty Group 1 or 1-B: less than 1 gram
• Penalty Group 1-A: fewer than 20 abuse units
• Penalty Group 2: less than 1 gram
• Marijuana: more than 4 ounces but 5 pounds or less
• Penalty Group 2-A: more than 4 ounces but 5 pounds or less

Third-Degree Felony

2 to 10 years in prison and a fine of up to $10,000.

• Penalty Group 1 or 1-B: 1 gram or more but less than 4 grams
• Penalty Group 1-A: 20 or more but fewer than 80 abuse units
• Penalty Group 2: 1 gram or more but less than 4 grams
• Penalty Group 3: 28 grams or more but less than 200 grams
• Penalty Group 4: 28 grams or more but less than 200 grams
• Marijuana: more than 5 pounds but 50 pounds or less
• Penalty Group 2-A: more than 5 pounds but 50 pounds or less

Second-Degree Felony

2 to 20 years in prison and a fine of up to $10,000.

• Penalty Group 1 or 1-B: 4 grams or more but less than 200 grams
• Penalty Group 1-A: 80 or more but fewer than 4,000 abuse units
• Penalty Group 2: 4 grams or more but less than 400 grams
• Penalty Group 3: 200 grams or more but less than 400 grams
• Penalty Group 4: 200 grams or more but less than 400 grams
• Marijuana: more than 50 pounds but 2,000 pounds or less
• Penalty Group 2-A: more than 50 pounds but 2,000 pounds or less

First-Degree Felony

5 to 99 years or life in prison and a fine of up to $10,000.

• Penalty Group 1 or 1-B: 200 grams or more but less than 400 grams
• Penalty Group 1-A: 4,000 or more but fewer than 8,000 abuse units

Enhanced First-Degree Felony

Higher minimums and higher fine caps at the top of each group’s ladder:

• Penalty Group 1 or 1-B, 400 grams or more: 10 to 99 years or life and a fine of up to $100,000
• Penalty Group 2, 400 grams or more: 5 to 99 years or life and a fine of up to $50,000
• Penalty Group 3 or 4, 400 grams or more: 5 to 99 years or life and a fine of up to $50,000
• Penalty Group 1-A, 8,000 abuse units or more: 15 to 99 years or life and a fine of up to $250,000
• Marijuana or Penalty Group 2-A, more than 2,000 pounds: 5 to 99 years or life and a fine of up to $50,000

Hemp, THC Concentrates, and the Marijuana Line

Two distinctions trip up most people charged for the first time with a cannabis-related offense in Texas:

First, cannabis with no more than 0.3% delta-9 THC by dry weight is hemp under HB 1325 (2019) and Chapter 121 of the Agriculture Code. Hemp is not a controlled substance. The practical problem is that standard field tests and historical qualitative lab tests cannot distinguish marijuana from hemp without quantitative delta-9 THC measurement. That testing gap shapes how low-level marijuana cases are charged and proven.

Second, THC concentrates are not marijuana. Cannabis oil, vape cartridges, wax, shatter, dab, and edibles that do not qualify as hemp are classified under Penalty Group 2 as tetrahydrocannabinols other than marijuana. The significance of that classification is punishment: a gram of cannabis flower is a Class B misdemeanor; a gram of cannabis oil is a third-degree felony.

The 911 Good Samaritan / Overdose Bystander Defense

Senate Bill 811 (2021), effective September 1, 2021, created a limited statutory defense to prosecution for certain small-quantity possession offenses. Under Health and Safety Code § 481.115(g) (and parallel provisions in the other possession statutes), it is a defense to prosecution that the defendant:

• Was the first person to request emergency medical assistance in response to the possible overdose of another person, made the request during the ongoing emergency, remained on the scene until medical assistance arrived, and cooperated with medical and law enforcement personnel; or
• Was the person experiencing the possible overdose for which emergency medical assistance was requested.

The defense has significant limitations. It does not apply during execution of an arrest or search warrant, it has a prior-invocation exclusion, and it applies only to the specific offense levels identified in the statute. Where it does apply, it can decisively resolve a case.

Drug-Free Zone Enhancements — § 481.134

Texas enhances punishment when a drug offense occurs in a drug-free zone, generally defined as within 1,000 feet of a school, youth center, playground, public swimming pool, or video arcade facility, and, for certain offenses, within 300 feet of specified other locations. The enhancement can double fine caps, elevate felony levels, and impose mandatory minimums. The measurement and zone designation are both contestable.

Driver’s License Suspension — Transportation Code § 521.372

A drug conviction in Texas triggers a driver’s license suspension even when no vehicle was involved. Under Transportation Code § 521.372, the suspension is generally 180 days for drivers 21 and older and up to one year for drivers under 21. Reinstatement requires completion of an approved 15-hour drug education program and an SR-22 financial responsibility filing.

How Drug Possession Cases Are Defended

Fourth Amendment Challenges

Most possession cases begin with a traffic stop, a consent search, a Terry frisk, or a search warrant. The basis for the stop, the scope of the search, the validity of consent, and the probable cause supporting any warrant are all contestable under the U.S. and Texas constitutions and the Texas exclusionary rule under Code of Criminal Procedure Article 38.23.

Affirmative Links

Texas law requires the state to prove that the defendant exercised actual care, custody, control, or management over the controlled substance. When drugs are found in a vehicle with multiple occupants, in a shared residence, or in property not exclusively associated with the defendant, Texas courts apply a multi-factor “affirmative links” analysis. Proximity alone is not possession.

Laboratory and Classification Challenges

Whether a case is classified as Penalty Group 1 or Penalty Group 1-B (fentanyl), whether a substance tested is marijuana or hemp, whether a mixture counts as marijuana plant material or a Penalty Group 2 concentrate (each of these is a testable, contestable proposition). Our forensic training allows us to read the underlying data packet rather than the one-page report.

Pretrial Diversion and Deferred Adjudication

For qualifying first-time cases, Dallas County pretrial diversion and deferred adjudication under Code of Criminal Procedure Article 42A can produce resolutions that avoid a conviction and preserve driving privileges.

Where Dallas County Drug Possession Cases Are Heard

Misdemeanor possession cases are filed in the Dallas County Criminal Courts. Felony possession cases are filed in the Dallas County Criminal District Courts. Both sit at the Frank Crowley Courts Building at 133 N. Riverfront Boulevard. The Dallas County District Attorney’s Office prosecutes.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. Our drug possession practice spans the full range of Penalty Groups, from misdemeanor marijuana to enhanced first-degree Penalty Group 1 and 1-B cases.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including Arrested for Drugs in Texas

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Dallas Drug Possession Lawyers

Every drug possession case is a contest over classification, weight, and the legality of the search that produced the evidence. The earlier those fights are joined, the more options you have.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.