Dallas Drug Possession Lawyers

In Texas, drug possession charges are serious. Even having what some may consider a small amount of a substance can result in big consequences. Depending on the type and quantity of the drug involved, an offense can be a misdemeanor or a felony. Thus, if someone is convicted, they could be incarcerated for years and fined thousands of dollars. In more severe cases, a person could be imprisoned for the rest of their life. The social, personal, and psychological implications of being found guilty of a possession crime are substantial and long-lasting. If you’ve been charged, you need skilled legal representation, and you need it quickly.

At Deandra Grant Law – Criminal & DWI Defense, our Dallas drug possession defense attorneys are ready to assist you. We understand the seriousness of an accusation and the impacts it can have on your life. That is why, when you hire us, we will get started on building your defense right away. Our team will learn everything about your situation, examine all the evidence, and research relevant case law to develop a well-planned strategy to defend your innocence and protect your rights and freedom. We have the tenacity needed to fight drug possession charges. We will work hard to seek a favorable outcome on your behalf.

Texas’s Drug Penalty Groups

The Texas Controlled Substances Act separates drugs into five Schedules, as well as six Penalty Groups. To define charges and associated penalties, drug possession laws refer to the Penalty Groups. Therefore, it’s necessary to discuss each.

Below are Texas’s Drug Penalty Groups:

• Penalty Group 1: This group contains substances such as heroin, opium (not listed in other groups), codeine, oxycodone, cocaine, fentanyl, and methadone.
• Penalty Group 1-A: In this group is lysergic acid diethylamide (LSD), its salts, isomers, and derivatives.
• Penalty Group 2: Drugs in this group include hallucinogenic substances, such as MDMA (ecstasy), amphetamine, and psilocybin.
• Penalty Group 2-A: Substances categorized into this classification are those mimicking cannabinoids.
• Penalty Group 3: Drugs that cause a stimulant or depressant effect are contained in this group.
• Penalty Group 4: Substances with trace amounts of narcotics, such as codeine or opium, make up this category.

Drug Possession Laws in Texas

The Texas Health and Safety Code enumerates several different drug possession offenses. They involve knowingly and/or intentionally having a controlled substance in one’s care, custody, control, or management. Again, they are separated by the substances involved, and therefore, by the Penalty Group. The exception is marijuana, which is essentially in its own classification.

The following are Texas’s drug possession laws:

• Health and Safety Code § 481.115 – Possession of a Penalty Group 1 substance
• Health and Safety Code § 481.1151 – Possession of a Penalty Group 1-A substance
• Health and Safety Code § 481.116 – Possession of a Penalty Group 2 substance
• Health and Safety Code § 481.1161 – Possession of a Penalty Group 2-A substance
• Health and Safety Code § 481.117 – Possession of a Penalty Group 3 substance
• Health and Safety Code § 481.118 – Possession of a Penalty Group 4 substance
• Health and Safety Code § 481.121 – Possession of Marijuana

Regardless of the Penalty Group the substance you allegedly had was in, our Dallas drug possession lawyers are prepared to fight the allegations made against you. Depending on the situation, various defenses are available in these types of cases, and we will review your matter to determine your legal options.

Drug Possession Penalties in Texas

As mentioned earlier, the penalties a court can impose after a person has been convicted of are severe. Several factors determine the level of charge and potential punishments.

In Texas, drug possession charges and penalties include the following:

Class B Misdemeanor

• Penalties:
  • Up to 180 days in jail and/or
  • Up to $2,000 in fines
• Charged when the offense involves:
  • 2 ounces or less of marijuana
  • Less than 28 grams of a Penalty Group 4 substance
  • 2 ounces or less of a Penalty Group 2-A substance

Class A Misdemeanor

• Penalties:
  • Up to 1 year in jail and/or
  • Up to $4,000 in fines
• Charged when the offense involves:
  • 4 ounces or less but more than 2 ounces of marijuana or a Penalty Group 2-A substance
  • Less than 28 grams of a Penalty Group 3 substance

State Jail Felony

• Penalties:
  • Between 2 years and 180 days in state jail and/or
  • Up to $10,000 in fines
• Charged when the offense involves:
  • 5 pounds or less but more than 4 ounces of marijuana or a Penalty Group 2-A substance
  • Less than 1 gram of a Penalty Group 2 substance
  • Fewer than 20 abuse units of a Penalty Group 1-A substance
  • Less than 1 gram of a Penalty Group 1 substance

Third-Degree Felony

• Penalties:
  • Between 2 and 10 years in prison and/or
  • Up to $10,000 in fines
• Charged when the offense involves:
  • 50 pounds or less but more than 5 pounds of marijuana or a Penalty Group 2-A substance
  • 28 grams or more but less than 200 grams of a Penalty Group 3 or 4 substance
  • 1 gram or more but less than 4 grams of a Penalty Group 1 or 2 substance
  • 20 or more but fewer than 80 abuse units of a Penalty Group 1-A substance

Second-Degree Felony

• Penalties:
  • Between 2 and 20 years in prison and/or
  • Up to $10,000 in fines
• Charged when the offense involves:
  • 2,000 pounds or less but more than 50 pounds of marijuana or a Penalty Group 2-A substance
  • 200 grams or more but less than 400 grams of a Penalty Group 3 or 4 substance
  • 4 grams or more but less than 400 grams of a Penalty Group 1 or 2 substance
  • 80 or more but fewer than 4,000 abuse units of a Penalty Group 1-A substance

First-Degree Felony

• Penalties:
  • Between 5 and 99 years in prison and/or
  • Up to $10,000 in fines
• Charged when the offense involves:
  • 4,000 or more but fewer than 8,000 abuse units of a Penalty Group 1-A substance
  • 200 grams or more but less than 400 grams of a Penalty Group 1 substance

In some cases, penalties include 5 years to life in prison and a fine of up to $50,000.

These penalties are imposed when the offense involves:

• More than 2,000 pounds of marijuana or a Penalty Group 2-A substance
• 400 grams or more of a Penalty Group 2, 3, or 4 substance

When a person is convicted of having more than 8,000 grams of a Penalty Group 2-A substance, they could be sentenced to 15 years to life in prison and fined up to $250,000.

For offenses involving 400 grams or more of a Penalty Group 1 substance, the penalties include up to 99 years in prison and up to $100,000 in fines.

Dallas Drug Possession Attorneys

Our drug possession lawyers in Dallas will advocate zealously on your behalf. Throughout your case, we will stand by you, ensuring your side of the story is heard. Even if you’ve been caught with prescription drugs, including xanax, you could face charges. Contact us today!