Charged with a Drug Crime in Dallas? Call Mike Howard.

We Approach Drug Charges By Putting You First

The stigma of a drug charge can follow you forever, impacting your relationships, job opportunities, mental health, drivers license suspension, and more. But we believe a past mistake shouldn’t define your future. Our Dallas drug lawyers are here to relieve your worries and help you move forward after a Texas drug charge.

Suppose you’ve been charged with possession, delivering, manufacturing, or another drug crime in the Dallas Metropolitan Area. In that case, you need a lawyer who understands what you’re going through and what it will take to move past Dallas drug charges. With his empathy, connections, and experience, Mike Howard can help you minimize or even avoid the consequences of a drug conviction.

At the Law Office of Mike Howard, we see the person – not just the charges. With Dallas drug crime attorney Mike Howard, we’ll build a defense around you and your needs. We’ll explore treatment options, challenge weak evidence, and do everything possible to protect your rights and freedom.

Attorney Mike Howard:

  • Listens & Understands – We start with an initial 1-hour evaluation to understand the facts and, most importantly, you. We tailor our approach to your drug charges based on your needs.
  • Communicates – We’ll explain the law, your rights, and the legal process. Being arrested for drugs is scary. We will answer your questions and keep you in the loop.
  • Fights for You – We’re proud of our record and believe your interests always come first. Whether in court, negotiations or before charges are filed, Mike is in your corner.

Get Your 30 Minute Case Evaluation
(214) 296-2221

D Magazing logo

We Defend Against Dallas Drug Crimes

We bring peace of mind after a drug-related arrest in Dallas, TX, and vow to do whatever it takes.

Mike Howard will get to know you as an individual, understanding your goals and answering your questions so you can feel confident in your case. As an experienced drug defense attorney, Mike has built countless solid defenses unique to each of his clients. We routinely secure favorable outcomes in all Texas drug cases.

Different drug crimes are outlined in Texas Controlled Substances Act, and if you or a loved one are dealing with any of the following, it’s time to contact a knowledgeable drug crime defense lawyer.

Possession of a Controlled Substance

Drug Possession charges are among the most common drug offenses. These cases usually arise when drugs are found on you, near you, or in a building or vehicle connected to you. Many possession cases also involve police misconduct (such as illegal searches) of one type or another. Police bodycam footage has made it clear that every case should be thoroughly investigated.

Possession of Marijuana

A person commits possession of marijuana (Texas Controlled Substances Act § 481.121) if they intentionally or knowingly possess the plant form of marijuana. Penalties for this charge differ from those for possession of a controlled substance. The marijuana must also be “a usable quantity.” Possession means actual care, custody, control, or management. If you knowingly hold someone else’s marijuana, you legally possess it. Possession of THC (in oil or wax form, for instance) is charged as possession of a controlled substance and starts as a felony offense.

Possession with the Intent to Deliver

Intent to deliver cases generally involves possession of larger quantities of drugs and/or things like scales, individual baggies, and large amounts of cash. Punishment ranges for possession with the intent to deliver vary by drug and weight. An experienced Dallas drug crimes attorney is vital when facing possession with the intent to deliver charges.

Manufacture, Delivery, and Distribution

Manufacturing a controlled substance and delivering a controlled substance carry heavier penalties and harsher prosecution than possession. Because law enforcement is so motivated to go after these cases, it is perhaps even more important to ensure that the police did not violate your rights. Punishment ranges for manufacturing and delivering a controlled substance vary by drug and weight.

Other Texas Drug Charges

  • Possession of Drug Paraphernalia
  • Drug Trafficking
  • Prescription Drug Fraud

See Our Results

Possession with the Intent to Deliver – Dismissed

Our client had a serious heroin problem that was ruining his life. Besides this felony drug charge, he also faced severe theft cases in multiple counties. We got him into a diversion program and got all his cases dismissed so that he could expunge his record of the charges and the arrest completely.

Possession with the Intent to Deliver – Dismissed

The police searched our client’s home on a flimsy pretext and found a large amount of drugs. We challenged the illegal search and the judge threw out the evidence against our client. The prosecution was forced to dismiss the case.

Other Drug Crime Cases

  • Possession of a Controlled Substance – Dismissed
  • Possession of Marijuana – Dismissed
  • Possession of a Controlled Substance – Dismissed

More Results

“Mike and his team made me feel the most comfortable...

I called a few Attorneys and Mike and his team made me feel the most comfortable. This is my first time being in a situation like this but the professionalism and communication really put me at easy especially because I’m out of state I needed someone I could trust with my life. He broke down everything for me step by step and helped me through a situation that could’ve ruined my career. So I’d like to thank Mike again for getting my case rejected!!

Ashley Thompson

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.