Texas Drug Crime Lawyers

Texas Drug Penalty Groups: What Determines the Charge

Texas classifies controlled substances into penalty groups under the Texas Health and Safety Code. The penalty group determines the starting point for the charge; the weight determines the specific felony level within that group.

Penalty Group 1 (cocaine, heroin, methamphetamine, oxycodone, fentanyl): The most aggressively prosecuted category. Even less than 1 gram is a state jail felony (180 days–2 years). 1–4 grams is a third-degree felony. 4–200 grams is a second-degree felony. 200–400 grams is a first-degree felony. More than 400 grams carries 10–99 years or life and a fine up to $100,000.

Penalty Group 1-A (LSD): Charged by dosage unit rather than weight.

Penalty Group 2 (MDMA/ecstasy, PCP, THC concentrate, Adderall without prescription): Similar weight-based structure to Group 1, beginning at state jail felony for less than 1 gram and escalating to first-degree felony above 400 grams. THC oil, wax, and vape cartridges fall here (not under the marijuana statute) which is why a single vape pen can result in a felony charge based on the total weight of the cartridge.

Marijuana (separate statutory scheme): Under 2 ounces is a Class B misdemeanor. 2–4 ounces is a Class A misdemeanor. 4 ounces–5 pounds is a state jail felony. 5–50 pounds is a third-degree felony. Above that, felony degrees escalate with weight.

Penalty Group 3 and 4 (certain prescription medications, compounds with limited medical use): Generally lower penalties than Groups 1 and 2, though possession without a valid prescription is still a criminal offense at the felony level for many substances.

Charges We Defend

Simple Possession

Possession requires proof that the defendant exercised actual care, custody, control, or management over the substance. Constructive possession (where the substance is found in a shared space such as a vehicle or residence with multiple occupants) requires additional “links” connecting the defendant to the substance. The defense evaluates each link argument and challenges whether the prosecution can establish knowing possession.

Possession with Intent to Distribute / Delivery

Intent to distribute can be established through direct evidence (controlled buys, communications) or circumstantial evidence (quantity, packaging, scales, cash, communications about transactions). The defense examines whether the circumstantial evidence actually supports the inference the prosecution is drawing, and whether alternative explanations for the evidence are consistent with personal use.

Fentanyl

Fentanyl is a Penalty Group 1 substance and is prosecuted with maximum aggression given its role in the overdose crisis. Because fentanyl is frequently found in trace amounts mixed with other substances, defendants are sometimes charged without knowing they possessed it. The identification methodology must establish that fentanyl (not just a fentanyl analog or precursor) was present, and the weight calculation must account for the mixture accurately. Texas also charges “drug delivery resulting in death” cases involving fentanyl under Texas Penal Code §19.02, which carries a first-degree felony or murder charge.

THC Concentrates and Vape Pens

THC oil, wax, dabs, and vape cartridges are classified as Penalty Group 2 controlled substances (not marijuana) because they are extracted concentrates rather than the natural plant. The charge level is based on the total weight of the cartridge including the carrier oil, not just the THC content. A single vape pen carrying a few grams of oil can result in a third-degree felony. Many defendants are unaware of this distinction when they purchase legal-looking products in states where cannabis is legal.

Prescription Drugs Without a Valid Prescription

Adderall (amphetamine), Xanax (alprazolam), Ritalin (methylphenidate), and opioid pain medications are controlled substances. Possessing them without a valid, current prescription is a criminal offense. The prescription is an affirmative defense that the defendant bears the burden of proving which means that even if the defendant has a prescription, it must be raised and established at trial or during plea negotiations.

Drug-Free Zone Enhancements

A drug offense committed within 1,000 feet of a school, day-care facility, youth center, playground, or public pool (or on a school bus) is subject to a mandatory enhancement under Texas Health and Safety Code §481.134. The enhancement is mandatory; the prosecutor has no discretion to waive it once charged. Geographic proximity to a protected zone at the time of the offense triggers the enhancement regardless of whether the defendant was aware of the zone.

Drug Trafficking and Federal Charges

Large-quantity cases, cases involving interstate transportation, and cases where federal agencies (DEA, HSI, FBI) are involved may be prosecuted federally rather than in state court. Federal drug penalties under the Controlled Substances Act carry mandatory minimums that can exceed state penalties significantly. Of Counsel James Lee Bright handles federal drug cases in all four Texas federal districts.

DUID: Driving Under the Influence of Drugs

DUID cases require the prosecution to establish both that the defendant had a controlled substance or its metabolite in their system and that the substance impaired their normal use of mental or physical faculties at the time of driving. The presence of a metabolite days or weeks after consumption is not impairment. Drug Recognition Expert (DRE) evaluation protocols and the pharmacokinetic analysis of the specific substance are both subject to independent forensic examination.

Why Deandra Grant Law

• ACS-CHAL Forensic Lawyer-Scientist — both Deandra Grant and Douglas Huff. 
• Digital forensics training. Cell phone data, social media, CDR records, and metadata examined at the data level.
• 30+ years of criminal defense experience. 500+ trials to verdict across North and Central Texas.
• 17 published law books. Including Arrested for Drugs in Texas
• Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
• Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. North and Central Texas courts served directly.
• Federal defense capability. James Lee Bright handles federal charges in all four Texas federal districts.

If you are facing drug charges in Texas, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.