Fort Worth Drug Offense Attorneys

Defense for Drug Charges in Texas

If you are faced with a drug charge under either state or federal law, you could be looking at serious prison time and fines. These cases get even more complicated if the federal authorities are involved, so it is in your best interest to contact an experienced attorney as soon as possible before an investigation starts.

What Determines if a Drug Crime Is a Misdemeanor or a Felony?

Texas considers two factors when determining if a drug crime will be a misdemeanor or a felony: the type of illegal substance and the amount of the substance.

Any amount of heroin, cocaine, methamphetamine, or amphetamine will result in a felony. Possession of marijuana will start off as a misdemeanor unless the amount exceeds 4 ounces. If you manufacture, deliver, attempt to deliver, and/or possess with the intent to deliver any type of illegal drug, you will face felony charges.

What Is Considered an Illegal Substance?

Under both state and federal law, certain categories of drugs have been named illegal to use, make, manufacture, share, distribute, sell, or possess. In Texas, drugs are divided into four categories known as penalty groups. There are seven illegal substance categories in the state of Texas: 

• Controlled Prescription Drugs (CPDs)
• Heroin (can also be mixed with fentanyl)
• Fentanyl and other synthetic opioids
• Cocaine
• Methamphetamine
• Marijuana
• New Psychoactive Substances (NPS)

Drug Penalty Groups in Texas

Drugs are divided into four penalty groups in Texas, which determines what type of drug charges and punishments an individual will receive for possession of said illegal substance. Here are the drug penalty groups, according to the Texas Controlled Substance Act: 

• Penalty Group 1: heroin, cocaine, and methamphetamine
• Penalty Group 1-A: LSD
• Penalty Group 2: THC, mescaline, PCP, psilocybin, and ecstasy
• Penalty Group 2-A: Synthetic cannabinoids
• Penalty Group 3: Valium, Xanax, hydrocodone, anabolic steroids, and Ritalin
• Penalty Group 4: Codeine and opium

What Are the Penalties for Each Drug Penalty Group?

Texas Health and Safety Code defines the punishment ranges for drug penalty groups accordingly:

Group 1 Drug Offenses:

• Possession of less than 1 gram is a state jail felony
• Possession of more than 1 gram but less than 4 grams is a third-degree felony
• Possession of more than 4 grams but less than 200 grams is a second-degree felony
• Possession of more than 200 grams but less than 400 grams is a first-degree felony
• If you are found more than 400 grams of this drug, you could face life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $100,000 fine

Group 1-A Drug Offenses:

• If the number of drug units is less than 20, this is considered a state jail felony
• If the number of drug units is more than 20, but less than 80, it is considered a third-degree felony
• If the number of drug units is more than 80, but less than 4,000, it is considered a first-degree felony
• Possession of more than 8,000 drug units could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and a fine of up to $250,000

Group 2 Drug Offenses:

• Possession of less than 1 gram is considered a state jail felony
• Possession of more than 1 gram but less than 4 grams is considered a third-degree felony
• Possession of more than 4 grams but less than 400 grams is considered a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Group 3 Drug Offenses:

• Possession of less than 28 grams is considered a Class A misdemeanor
• Possession of more than 28 grams but less than 200 grams is a third-degree felony
• Possession of more than 200 grams but less than 400 grams is a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Penalty Group 4 Drug Offenses:

• Possession of less than 28 grams is considered a Class B misdemeanor
• Possession of more than 28 grams but less than 200 grams is a third-degree felony
• Possession of more than 200 grams but less than 400 grams is considered a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Turn to Our Fort Worth Drug Offense Lawyers for Help

For experienced legal counsel in your time of need, you should get in touch with our firm immediately. Drug offenses in Texas are serious, so do not hesitate to reach out to learn more about Texas state law as it pertains to drug offenses and how we can be of service.

Contact us online or call us at (817) 497-8148 for help with your drug offense case.