Dallas Drug Possession Lawyer Defending Possession, Distribution, and Manufacturing Charges
A Dallas drug lawyer can fight to get your charges reduced or dismissed, protect you from jail time, and keep a felony off your record. Drug cases in Dallas are often won by challenging how police obtained evidence, whether you actually knew drugs were present, or whether the substance even qualifies as illegal. Our attorneys have handled thousands of drug cases in Dallas County, and most result in dismissals, reduced charges, or probation.
Drug charges in Texas range from minor misdemeanors to first-degree felonies carrying life sentences. The punishment depends on the type of drug and amount involved. If you’re facing drug charges in Dallas, the decisions you make now will affect the rest of your life. Contact our team at 214-903-4000 for a free consultation with an experienced Dallas drug crime lawyer.
What Are the Most Common Drug Charges in Dallas?
The two most common drug offenses in Dallas are possession of a controlled substance and manufacture or delivery of a controlled substance. These charges can stem from street drugs like cocaine, methamphetamine, and heroin, or from prescription medications like Xanax, hydrocodone, and Adderall when possessed without a valid prescription.
Under Chapter 481 of the Texas Health and Safety Code (the Texas Controlled Substances Act), a person commits possession if they knowingly possess any substance listed in Texas’s drug penalty groups without a valid prescription. Manufacture or delivery charges apply when someone makes, sells, or intends to sell controlled substances.
What Is a Controlled Substance Under Texas Law?
A controlled substance includes any drug listed in Schedules I through V or Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, or 4. Texas law also covers adulterants (substances added to dilute drugs), dilutants, and analogs. Analogs are chemically similar substances designed to produce effects similar to or greater than a controlled substance.
This means you can face drug charges even for substances not specifically named in the statute if they’re chemically similar to listed drugs. This is how Texas prosecutes new designer drugs and synthetic compounds.
How Does Texas Classify Drugs by Penalty Group?
Texas divides controlled substances into penalty groups based on their danger level and potential for abuse. Penalty Group 1 contains the most dangerous drugs and carries the harshest punishments, including potential life sentences. Marijuana falls into its own category with lighter penalties.
Penalty Group 1
These drugs are considered the most dangerous and addictive with no accepted medical use. Penalty Group 1 includes cocaine, crack, heroin, methamphetamine, ketamine (Special K), opiates and opium derivatives, GHB, and hydrocodone over 300 grams.
Penalty Group 1-A
LSD (acid) is the only substance in Penalty Group 1-A. It’s classified separately because it’s sold by dose rather than weight like most other drugs.
Penalty Group 1-B
Fentanyl and fentanyl-related substances make up Penalty Group 1-B. Due to the fentanyl crisis, Texas created this separate category to address these extremely potent synthetic opioids.
Penalty Group 2
Penalty Group 2 contains most hallucinogens and includes MDMA (ecstasy, molly), bath salts, PCP, Adderall, mescaline (peyote), psilocybin mushrooms, THC concentrates (tetrahydrocannabinol), hashish and other cannabis derivatives, and designer drug analogs.
Penalty Group 2-A
Synthetic cannabinoids fall into Penalty Group 2-A. These include Spice, K2, and similar substances designed to mimic marijuana’s effects.
Penalty Group 3
Most Penalty Group 3 substances are prescription medications. This group includes Valium, Xanax, clonazepam, hydrocodone under 15mg per dose or under 300mg total, codeine under 90mg per dose, lorazepam, zolpidem, human growth hormone (HGH), and testosterone.
Penalty Group 4
Penalty Group 4 contains various prescription medications with abuse potential, including morphine, opium, and Motofen. These carry the lightest penalties among controlled substances.
Marijuana
Marijuana remains illegal in Texas and occupies its own penalty category with generally lighter punishments than other controlled substances. However, THC concentrates (vape cartridges, edibles, wax) fall under Penalty Group 2 and carry much harsher penalties.
What Are the Penalties for Drug Possession in Dallas?
Drug penalties in Texas vary based on the penalty group and amount involved. Charges can range from a Class B misdemeanor to a first-degree felony punishable by life in prison. Here’s what you could face:
| Charge Level | Jail/Prison Time | Maximum Fine |
|---|---|---|
| Class B Misdemeanor | Up to 180 days in jail | $2,000 |
| Class A Misdemeanor | Up to 1 year in jail | $4,000 |
| State Jail Felony | 180 days to 2 years in state jail | $10,000 |
| Third Degree Felony | 2 to 10 years in prison | $10,000 |
| Second Degree Felony | 2 to 20 years in prison | $10,000 |
| First Degree Felony | 5 to 99 years or life in prison | $10,000 |
For example, possessing less than one gram of cocaine (Penalty Group 1) is a state jail felony. But possessing 4 to 200 grams jumps to a second-degree felony with up to 20 years in prison. Possessing 400 grams or more is a first-degree felony with potential life imprisonment.
What Are the Consequences of a Felony Drug Conviction?
A felony drug conviction affects far more than your immediate freedom. Beyond jail time and fines, you’ll face lasting consequences that can derail your career, housing, and civil rights. Texas law prohibits convicted felons from possessing or purchasing firearms and suspends voting rights during incarceration and parole.
Many employers run background checks and won’t hire applicants with felony convictions. Landlords routinely deny housing applications. Banks may refuse loans. Professional licenses for nursing, teaching, law, and other fields can be denied or revoked. These collateral consequences often prove more damaging than the criminal sentence itself.
Can I Get Probation for a First-Time Drug Offense?
Yes. Texas law actually requires probation for certain first-time drug offenders. Under Texas Code of Criminal Procedure 42A.551, judges must grant probation to first-time offenders convicted of state jail felonies for specific drug possession charges, including possession of less than 1 gram of a Penalty Group 1 substance, possession of less than 5 units of LSD (Penalty Group 1-A), possession of less than 1 gram of a Penalty Group 2 substance, possession of 4 ounces to 5 pounds of synthetic cannabinoids (Penalty Group 2-A), and possession of 4 ounces to 5 pounds of marijuana.
Even when probation isn’t mandatory, our attorneys frequently negotiate deferred adjudication, which allows you to complete probation without a conviction on your record.
What Is the Difference Between Possession and Delivery Charges?
Manufacture or delivery charges are far more serious than simple possession. A person commits this offense by knowingly manufacturing, delivering, or possessing drugs with intent to deliver. Essentially, prosecutors are alleging you’re a drug dealer. The penalties for delivery are significantly harsher than possession of the same substance and amount.
Prosecutors often charge “possession with intent to deliver” based on circumstantial evidence like packaging materials, scales, large amounts of cash, or quantities too large for personal use. These cases can sometimes be reduced to simple possession charges through skilled negotiation.
How Can a Dallas Drug Lawyer Defend My Case?
Most drug cases in Dallas are circumstantial. We frequently represent clients who were arrested simply for being in the wrong place at the wrong time. Someone in a car with multiple passengers gets pulled over, drugs are found, and everyone gets arrested even when ownership is unclear. Guilt by association is not proof beyond a reasonable doubt.
Our Dallas drug defense attorneys examine every aspect of your case to identify weaknesses in the prosecution’s evidence. Common defense strategies include challenging the legality of the traffic stop that led to your arrest (if the stop was illegal, the evidence may be suppressed), attacking probable cause for search and seizure under the Fourth Amendment, proving you didn’t know drugs were present, disputing the arresting officer’s observations and conclusions, identifying Miranda rights violations or other procedural errors, challenging defective search warrants, raising insufficient quantity arguments, proving you had a valid prescription, alleging entrapment by law enforcement, questioning the reliability and chain of custody of drug testing, and attacking the credibility of witnesses or confidential informants.
For example, we had a major Dallas drug possession case last year after finding an issue with the stop by filing and winning a motion to suppress the stop.
What Results Have Your Attorneys Achieved in Dallas Drug Cases?
Our track record speaks for itself. The vast majority of our Dallas drug cases result in dismissals, reduced charges, or deferred adjudication probation. Our goals in every drug case are keeping you out of jail, avoiding a felony conviction, and keeping your record clean.
Our team includes former prosecutors who understand how the other side builds cases. This experience helps us identify weaknesses and negotiate effectively. We’ve successfully defended clients facing charges ranging from small-amount possession to large-scale trafficking allegations.
Specifically we have defended all levels of state and federal drug charges in Dallas.
Frequently Asked Questions About Dallas Drug Charges
How long do drug charges stay on your record in Texas?
A drug conviction stays on your record permanently unless you receive a pardon or successfully petition for expunction or non-disclosure. Deferred adjudication may allow for record sealing after completing probation, depending on the charge. An experienced Dallas drug lawyer can advise whether your case qualifies for record clearing.
Can drug charges be dropped in Dallas?
Yes. Drug charges can be dismissed for many reasons, including illegal searches, insufficient evidence, lab errors, or successful pretrial diversion programs. Our attorneys have secured dismissals in cases where evidence was obtained without proper warrants, where prosecutors couldn’t prove knowledge or possession, and where chain of custody issues compromised the evidence.
What happens at a first court appearance for drug charges?
Your first court appearance is typically an arraignment where you’ll be formally advised of the charges and enter a plea. Having an attorney present is critical. We can request reasonable bond conditions, challenge excessive bail, and begin building your defense from day one.
Do I need a lawyer for a misdemeanor drug charge?
Even misdemeanor drug charges can result in jail time, fines, and a criminal record that affects employment and housing. More importantly, how your case is handled affects whether you’re eligible for expunction or record sealing later. An attorney can often negotiate outcomes that protect your future in ways you might not achieve on your own.
What’s the difference between state and federal drug charges?
Federal drug charges typically involve larger quantities, trafficking across state lines, or cases investigated by federal agencies like the DEA. Federal penalties are generally harsher, with mandatory minimum sentences for many offenses. Most Dallas drug arrests result in state charges, but some cases can be “adopted” by federal prosecutors.
Contact a Dallas Drug Crime Lawyer Today
Drug charges can permanently alter your life, career, and freedom. Our attorneys are former prosecutors with decades of experience and a proven record defending Dallas drug crimes. We understand the stress you’re facing and will fight to protect your future.
Call 214-903-4000 today for a free consultation with a Dallas drug lawyer. Find out why we are the go-to law firm for people facing drug charges throughout North Texas. The sooner you act, the more options we have to build your defense.
