Drug Crimes in Dallas, TX
Here is some helpful information about drug-related criminal offenses in Dallas, TX, and what you’ll deal with if you or a loved one are accused.
Texas Drug Crime Penalties
Under Texas law, penalties for drug crimes are controlled by the Texas Controlled Substances Act, which divides drugs into different penalty groups. Essentially, this means the type of substance(s) in your drug crime charges directly impacts the consequences you face.
Penalty Group 1
Cocaine, heroin, ketamine, and methamphetamine are penalty group one substances (Texas Health and Safety Code § 481.102).
Possession of a controlled substance in penalty group one (§481.115) is charged as follows:
- Less than 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 gram to 4 grams: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 4 grams to 200 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 200 grams to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
Manufacturing, delivering, or possessing with the intent to deliver a penalty group one substance (§481.112) will be charged as follows:
- Less than 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 to 4 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 4 grams to 200 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 200 grams to 400 grams: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
- 400 grams or more: Enhanced first-degree felony, 15-99 years or life in prison with a maximum sentence of $250,000
Penalty Group 1-A
Acid, LSD, and its derivatives are classified under penalty group 1-A in Texas (§481.1021). While the penalties are the same as group one, group 1-A is distinct because LSD is measured in units rather than grams.
The consequences for possession of LSD (§481.1151) are the same as group one substances, but by dosage instead of weight:
- Under 20 units: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 20 to 80 units: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 80 to 4,000 units: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 4,000 to 8,000 units: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 8,000 units or more: Enhanced first-degree felony, 15-99 years or life in prison with a maximum fine of $250,000
The penalties for manufacturing, delivering, or possessing with the intent to deliver LSD (§481.1121) are as follows:
- Less than 20 units: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 20 to 80 units: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 80 to 4,000 units: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- More than 4,000 units: Enhanced first-degree felony, 15-99 years or life in prison with a maximum fine of $250,000
Penalty Group 1-B
Fentanyl is the only controlled substance under penalty group 1-B (§481.1022).
The penalties for possession of fentanyl (§481.115) in Texas depend on its weight, including the weight of any adulterants or dilutants that “cut” the substance:
- Under 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 gram to 4 grams: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 4 grams to 200 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 200 grams to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
The penalties for manufacturing, delivering, or possessing with the intent to deliver fentanyl (§481.1123) are also based on weight, including adulterants or dilutants:
- Under 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 to 4 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 4 to 200 grams: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $20,000
- 200 to 400 grams: Enhanced first-degree felony, 15-99 years or life in prison with a maximum fine of $200,000
- 400 grams or more: Enhanced first-degree felony, 20-99 years or life in prison with a maximum fine of $500,000
Penalty Group 2
Penalty group two (§481.103) consists of hallucinogenic substances like ecstasy and psilocybin. It also includes concentrated THC oil.
The penalties for possession of a group two substance (§481.116) in Texas are as follows:
- Less than 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 to 4 grams: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 4 to 400 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- More than 400 grams: Enhanced first-degree felony, 5-99 years or life in prison with a maximum fine of $50,000
The penalties for the manufacture or delivery of a group two substance (§481.113) are:
- Less than 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 to 4 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 4 to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
Penalty Group 2-A
Synthetic cannabinoids, such as spice and K2, are considered penalty group 2-A substances (§481.1031).
The consequences for possession of a penalty group 2-A substance (§481.1161) vary based on the amount:
- Under 2 ounces: Class B misdemeanor, 0-180 days in county jail with a maximum fine of $2,000
- 2 to 4 ounces: Class A misdemeanor, 0 days to 1 year in county jail with a maximum fine of $4,000
- 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 5 pounds to 50 pounds: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 50 pounds to 2,000 pounds: Second-degree felony, 2-20 years or life in state prison with a maximum fine of $10,000
- 2,000 pounds or more: Enhanced first-degree felony, 5-99 years or life in state prison with a maximum fine of $50,000
The penalties for manufacturing or delivering a group 2-A substance (§481.113) are not based on ounces or pounds but instead grams:
- Less than 1 gram: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 1 to 4 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 4 to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
Penalty Group 3
Penalty group three (§481.104) includes depressants and stimulants like Xanax, Ritalin, Adderall, Valium, and other controlled substances.
The penalties for possession of group three substances (§481.117) are:
- Less than 28 grams: Class A misdemeanor, 0 days to 1 year in county jail with a maximum fine of $4,000
- 28 to 200 grams: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 200 to 400 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- At or above 400 grams: Enhanced first-degree felony, 5-99 years or life in state prison with a maximum fine of $50,000
For manufacturing or delivering a group three substance (§481.114), those convicted will face the following penalties:
- Under 28 grams: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 28 to 200 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 200 to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $10,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
Penalty Group 4
Penalty group four (§481.105) consists of narcotic painkillers and antidiarrheals like codeine, opium, and difenoxin. These drugs have a lower risk of dependency than other penalty groups, but they still have the potential to cause addiction and require a valid prescription.
Possession of a penalty group four substance (§481.118) carries the following penalties in Texas:
- Less than 28 grams: Class B misdemeanor, 0-180 days in county jail with a maximum fine of $2,000
- 28 to 200 grams: Third-degree felony, 2-10 years in state prison with a maximum fine of $10,000
- 200 to 400 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- Over 400 grams: Enhanced first-degree felony, 5-99 years or life in prison with a maximum fine of $50,000
Penalties for manufacturing or delivering a group four substance (§481.114) involve:
- Under 28 grams: State jail felony, 180 days to 2 years in jail with a maximum fine of $10,000
- 28 to 200 grams: Second-degree felony, 2-20 years in state prison with a maximum fine of $10,000
- 200 to 400 grams: First-degree felony, 5-99 years or life in state prison with a maximum fine of $100,000
- 400 grams or more: Enhanced first-degree felony, 10-99 years or life in prison with a maximum fine of $100,000
Other Drug Conviction Consequences
As you can see, a drug conviction in Dallas can easily result in jail, fines, and a permanent mark on your criminal record. On top of the normal criminal penalties, a drug conviction will suspend your driver’s license and make you ineligible for financial assistance from the government. It also can make getting a job difficult and may result in complications regarding child custody.
Texas Drug Charges FAQs
Will I need to go to trial for a drug charge?
We may be able to negotiate a favorable plea bargain or get your case acquitted or dismissed, which would resolve your case without needing to go to trial. However, Mike Howard is known for being effective and commanding in the courtroom. When it comes to going to trial, he is unafraid to represent you thoroughly, taking your case as far as it needs to go to secure the outcome you deserve.
Can I be charged with drug possession for having medical marijuana?
There is no legal “medical marijuana” in Texas. Furthermore, having a medical marijuana card from another state where it is legal means nothing to Texas law enforcement. Low-THC CBD was legalized in Texas under the Texas Compassionate Use Act in 2015. However, there are strict limits on who is eligible for its use and the concentration of THC. Possession of anything outside this strict program’s rules is illegal.
Will I lose my driver’s license if I’m charged with a drug crime in Dallas?
You can expect your driver’s license to be revoked for up to 180 days if you’ve been charged with a drug-related offense in Texas. This applies to all drug and controlled substance offenses. If you are under 21, you can lose your license for an entire year. In addition to revocation of your driver’s license, you might also face revocation of your professional license depending on the severity of the offense.
What should I do if I’ve been arrested for a drug crime?
If the police question you about your activity related to an alleged drug crime, remain silent and seek an attorney to represent you as soon as possible. Prosecutors are rarely easy regarding drug cases, especially those involving high-level narcotics and opioids. The more information you offer willingly, the easier it will be for the prosecution to build a drug crimes case against you—even if you are innocent.
Are Texas drug crime charges eligible for expungement?
In Texas, those who plead guilty or are found guilty by a jury over drug crimes cannot expunge the charges from their record later. Dismissals and pretrial interventions can leave you eligible for an expunction. If you get deferred adjudication probation, you may still be able to have your record sealed after a drug conviction in Dallas—a request known as an Order of Nondisclosure. Mike Howard can evaluate your case and help you determine whether you are eligible for your record to be sealed.
Dallas Drug Crime Resources & Reading
See our criminal defense resource center for more information on your rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc.), defenses to prosecution, and more.
Related Articles on Dallas Drug Charges:
Defending Against Dallas Drug Charges
You might feel overwhelmed facing a drug crime charge. You have plenty of options to avoid a serious criminal conviction in Texas. Attorney Mike Howard will guide you through the next steps, building your defense with the compassion you deserve and the attention to detail your case requires.
The good news is that the prosecutor must prove their allegation beyond a reasonable doubt, which is our justice system’s highest burden of proof. The court cannot find you not guilty if the prosecutor fails to rule even a single reasonable doubt. This can be a powerful defense when implemented by a skilled Dallas possession of marijuana attorney.
A strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, diversion, dismissal, reduction of charges, or deferred probation are all possible.
Our Promise to Every Client:
- A clear explanation of your case and your options – We take the time to get to know you and what you need to achieve in a drug case.
- Your calls & messages will be answered within one business day – We use the latest technology to stay responsive and available.
- We’re always upfront about pricing – We’re committed to transparency and communicating regarding legal fees, so you are never surprised.
- We’ll craft a unique defense – Our team keeps you at the forefront of all our work.
- We Know What Works – With more than 20 years of local experience in Dallas, we know the prosecutors, courts, police and how to get results.
