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Methamphetamine is a Penalty Group 1 controlled substance in Texas, and possessing any amount is a felony. If you have been charged with possession, manufacture, or delivery of methamphetamine in Dallas County, you face penalties ranging from 180 days in a state jail facility to life in prison. An experienced Dallas methamphetamine lawyer can challenge the State’s evidence, fight to get charges dismissed or reduced, and protect your future.

Varghese Summersett is a leading Texas criminal defense firm with offices in Dallas, Fort Worth, Houston, and Southlake. Our team of 70+ members brings more than 100 years of combined legal experience and includes Board Certified criminal law specialists and former prosecutors with decades of trial experience in the Tarrant County District Attorney’s Office. The firm has secured more than 1,600 dismissals and 800+ charge reductions, including dozens of favorable outcomes in Penalty Group 1 drug cases involving methamphetamine, cocaine, heroin, and fentanyl.

Methamphetamine cases in Dallas County are prosecuted aggressively. You need a defense team that has the resources and courtroom experience to push back. Call our Dallas office at (214) 903-4000 for a free consultation any time of day or night.

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How Is Methamphetamine Classified Under Texas Law?

Methamphetamine is listed in Penalty Group 1 under the Texas Controlled Substances Act. Specifically, Texas Health and Safety Code Chapter 481 classifies methamphetamine, including crystal meth, alongside cocaine, heroin, fentanyl, and oxycodone as among the most tightly regulated and heavily penalized drugs in the state. Texas also created a sub-classification called Penalty Group 1-B, which applies specifically to certain synthetic substances. However, methamphetamine is charged under the broader Penalty Group 1 statutes.

The two primary charges involving methamphetamine are possession and manufacture or delivery. Each carries distinct elements and penalties, but both are serious felonies.

Methamphetamine Possession in Dallas

Possession of methamphetamine is charged under Texas Health and Safety Code § 481.115. To convict you, the prosecution must prove each of the following elements beyond a reasonable doubt:

• You exercised actual care, custody, control, or management over the substance
• You knew the substance was present
• You knew the substance was illegal or were aware of its nature
• The substance is confirmed through forensic lab testing to be methamphetamine
• The quantity matches the amount alleged in the charging instrument

The burden of proof rests entirely on the State. You do not have to prove your innocence. The State must also establish an “affirmative link” between you and the methamphetamine, meaning they must show you personally knew about and exercised control over the substance. Simply being present in a location where methamphetamine is found is not enough to sustain a conviction.

Penalties for Methamphetamine Possession

Every methamphetamine possession charge is a felony. The punishment increases with the quantity:

• Less than 1 gram: State jail felony. 180 days to 2 years in a state jail facility and a fine of up to $10,000.
• 1 gram to less than 4 grams: Third-degree felony. 2 to 10 years in prison and a fine of up to $10,000.
• 4 grams to less than 200 grams: Second-degree felony. 2 to 20 years in prison and a fine of up to $10,000.
• 200 grams to less than 400 grams: First-degree felony. 5 to 99 years in prison and a fine of up to $10,000.
• 400 grams or more: Enhanced first-degree felony. 10 to 99 years or life in prison and a fine of up to $100,000.

Penalties are enhanced even further when the offense occurs in a drug-free zone, which includes any area within 1,000 feet of a school, playground, youth center, or public swimming pool. Under Texas Health and Safety Code § 481.134, a drug-free zone enhancement raises the charge to the next-highest offense category.

Manufacture or Delivery of Methamphetamine in Dallas

Manufacturing or delivering methamphetamine is charged under Texas Health and Safety Code § 481.112. “Delivery” means transferring, selling, or distributing methamphetamine to another person. “Manufacture” means producing, preparing, compounding, or processing the substance. The penalties for manufacture and delivery are significantly harsher than those for simple possession:

• Less than 1 gram: State jail felony. 180 days to 2 years in state jail and a fine of up to $10,000.
• 1 gram to less than 4 grams: Second-degree felony. 2 to 20 years in prison and a fine of up to $10,000.
• 4 grams to less than 200 grams: First-degree felony. 5 to 99 years in prison and a fine of up to $10,000.
• 200 grams to less than 400 grams: Enhanced first-degree felony. 10 to 99 years or life and a fine of up to $10,000.
• 400 grams or more: Enhanced first-degree felony. 15 to 99 years or life and a fine of up to $250,000.

Prosecutors often charge delivery based on circumstantial evidence. They look at the quantity of methamphetamine, the way it was packaged (individual baggies, for example), the presence of scales or cutting agents, large amounts of cash, multiple cell phones, and text messages or call logs suggesting drug transactions. If the State can establish intent to deliver, the penalties jump dramatically, even for small amounts.

Bond Amounts for Methamphetamine Charges in Dallas County

Based on an analysis Varghese Summersett completed of over 64,000 bonds in Dallas County:

Methamphetamine Possession Bonds

Charge	Cases	Average Bond	Most Common Bond
Possession PG 1, under 1 gram (State Jail Felony)	5,062	$14,034	$5,000
Possession PG 1, 1g to 4g (3rd Degree Felony)	1,701	$17,564	$5,000
Possession PG 1, 4g to 200g (2nd Degree Felony)	618	$29,308	$10,000
Possession PG 1, under 1g in Drug-Free Zone	154	$12,357	$5,000

Methamphetamine Delivery Bonds

Charge	Cases	Average Bond	Most Common Bond
Manufacture/Delivery PG 1-B, under 1g	43	$28,709	$10,000
Manufacture/Delivery PG 1-B, 1g to 4g	52	$41,837	$50,000
Manufacture/Delivery PG 1-B, 4g to 200g	153	$107,892	$50,000
Manufacture/Delivery PG 1, 4g to 200g	667	$71,843	$100,000
Manufacture/Delivery PG 1, 200g to 400g	39	$94,256	$100,000
Manufacture/Delivery PG 1, 400g or more	42	$205,357	$50,000

These figures include all Penalty Group 1 substances, not only methamphetamine. Your individual bond amount will depend on the specific charge, the quantity involved, your criminal history, community ties, and whether any aggravating factors are present. If you or a family member is being held at the Dallas County Jail and the bond is too high, our attorneys can file a motion to reduce bond. Learn more about Dallas bail bonds.

Defenses Against Methamphetamine Charges in Dallas

A methamphetamine charge is not a conviction. The State must prove every element of the offense, and each element presents an opportunity for your defense attorney to challenge the case.

Illegal Search and Seizure

Most methamphetamine cases begin with a traffic stop, a search of a vehicle, or entry into a home. The Fourth Amendment and Article I, Section 9 of the Texas Constitution protect you from unreasonable searches and seizures. If law enforcement did not have a valid warrant, probable cause, or a recognized exception before conducting the search that uncovered the methamphetamine, your attorney can file a motion to suppress the evidence. When a suppression motion is granted, the prosecution typically has no case left to prosecute.

Common Fourth Amendment issues in Dallas County meth cases include traffic stops based on pretextual reasons or no reasonable suspicion, searches that exceed the scope of consent, warrantless home entries without exigent circumstances, improperly executed search warrants, and prolonged traffic stops that extend beyond the time reasonably necessary to complete the initial purpose of the stop.

Lack of Knowing Possession

The State must prove you knew the methamphetamine was present and that you knew it was a controlled substance. If you were a passenger in someone else’s vehicle, staying in someone else’s home, or borrowing a bag or jacket that contained methamphetamine, the State may not be able to establish the required “affirmative link” between you and the drugs. Courts evaluate affirmative links by looking at whether the drugs were in plain view, whether you made any incriminating statements, whether your fingerprints or DNA were on the packaging, whether you attempted to flee or destroy evidence, and whether you had paraphernalia on your person.

Lab Testing and Chain of Custody Challenges

A field test alone is not sufficient for a conviction. The substance must be tested by a forensic laboratory, and the analyst must confirm it is methamphetamine. Defense attorneys can challenge whether the lab followed proper testing protocols, whether the equipment was calibrated and maintained, and whether the chain of custody was preserved from the moment of seizure through lab analysis. If the substance passed through multiple hands without proper documentation, the reliability of the results can be called into question.

Challenging the Weight

The quantity of methamphetamine directly determines your charge level. Texas courts have held that the State must prove the weight of the methamphetamine itself, not the total weight of adulterants, diluents, or other substances mixed in. Prosecutors sometimes overstate the weight by including packaging materials or moisture content. A defense attorney can retain an independent expert to challenge the State’s weight calculations, which can reduce the charge to a lower felony level.

Entrapment

If a law enforcement officer or confidential informant induced you to commit an offense you would not otherwise have committed, entrapment may apply as a defense. This defense arises most often in undercover buy-bust operations where the defendant argues that the idea and motivation for the transaction came from the government rather than from the defendant.

What Happens After a Methamphetamine Arrest in Dallas County

Understanding the timeline and process of a meth case can help you prepare for what lies ahead.

Arrest and Booking: After an arrest, you will be taken to the Lew Sterrett Justice Center (Dallas County Jail) for booking, which includes fingerprinting, photographs, and recording personal information. A bond amount will be set based on the charge level.

Magistration: Within 48 hours, a magistrate will formally advise you of the charges, your right to remain silent, your right to an attorney, and the conditions of your bond.

Grand Jury (Felony Cases): Because all methamphetamine charges are felonies, the case must go before a grand jury. The Dallas County District Attorney’s Office presents evidence to a panel of citizens who decide whether to issue a formal indictment. Your defense attorney can submit a grand jury packet presenting your side. If the grand jury declines to indict, the case results in a “no-bill” and no charges move forward.

Pre-Trial Proceedings: This phase is where most meth cases are won or lost. Your attorney will review all discovery, file motions to suppress evidence, challenge lab results, depose witnesses, and negotiate with the prosecutor. Many methamphetamine cases are resolved during this phase through dismissals, reductions, or agreements for deferred adjudication or diversion.

Trial: If a fair resolution cannot be reached, your case goes to trial. At trial, the State must prove every element of the offense beyond a reasonable doubt. A jury of twelve citizens (or a judge, if you choose a bench trial) will decide your fate. Our attorneys prepare every case as though it is going to trial because that preparation gives us maximum leverage throughout the entire process.

Case Results: Penalty Group 1 Drug Charges

Our attorneys have a strong record of achieving favorable outcomes in Penalty Group 1 controlled substance cases, the same category under which methamphetamine is prosecuted. Here are verified results from our case files:

PCS Under 1G in a Drug-Free Zone (State Jail Felony Enhanced) – Tarrant County: A client was arrested for possessing a Penalty Group 1 substance, under 1 gram, in a drug-free zone. Attorney Tiffany Burks challenged the evidence and secured a complete dismissal.

Possession of a Controlled Substance: Attorney Lisa Herrick represented a client charged with felony possession of a controlled substance. Through negotiation, the client was accepted into a Deferred Prosecution Program. Upon successful completion, the charge will be dismissed entirely.

Beyond these recent results, Varghese Summersett has historically secured dismissals or no-bills in 25 cases involving Possession of a Controlled Substance PG 1 (under 1 gram), 5 cases involving PG 1 possession (1 to 4 grams), and 3 cases involving PG 1 possession (4 to 200 grams). On the delivery side, the firm secured dismissals in 4 cases of Manufacture/Delivery PG 1 (4 to 200 grams) and 1 case of Manufacture PG 1 (over 400 grams).

Past results do not guarantee future outcomes.

When Methamphetamine Charges Go Federal

Methamphetamine is one of the most commonly prosecuted drugs at the federal level, and Dallas sits squarely within the Northern District of Texas, one of the busiest federal judicial districts in the country. Understanding when and why a meth case crosses from state court into the federal system is critical because federal drug penalties are often dramatically harsher than their state counterparts.

What Triggers a Federal Methamphetamine Case

A meth charge becomes a federal case when one or more of the following factors are involved:

• Federal agency involvement: If the DEA, FBI, ATF, Homeland Security Investigations, or the U.S. Postal Inspection Service leads or participates in the investigation, the case is likely to be filed federally.
• Interstate activity: Any allegation that methamphetamine was transported across state lines, ordered from out of state, or distributed through a multi-state network will draw federal attention.
• Conspiracy allegations: Federal prosecutors frequently use drug conspiracy charges (21 U.S.C. § 846) to sweep multiple individuals into a single case. You do not have to be caught holding methamphetamine to be charged in a federal conspiracy. An agreement to participate in a drug trafficking operation, combined with any act in furtherance of that agreement, is enough.
• Large quantities: Cases involving 50 grams or more of actual methamphetamine (or 500 grams of a mixture) trigger federal mandatory minimum sentences and are almost always prosecuted federally.
• Firearms: The presence of a firearm in connection with a drug offense triggers additional federal charges under 18 U.S.C. § 924(c), which carries a mandatory consecutive sentence of at least 5 years.
• Organized trafficking operations: If the government alleges a continuing criminal enterprise or large-scale distribution ring, the case will be filed in federal court.

Federal Methamphetamine Penalties

Federal sentencing for methamphetamine offenses is governed by 21 U.S.C. §§ 841 and 960 and is driven primarily by the quantity of drugs involved and the defendant’s criminal history. Federal courts distinguish between “actual” methamphetamine (pure or nearly pure) and methamphetamine “mixture” (which includes adulterants and cutting agents). The penalties are severe:

• 5 grams or more of actual meth (or 50 grams of mixture): Mandatory minimum of 5 years in federal prison, up to 40 years. If death or serious bodily injury results, the mandatory minimum rises to 20 years.
• 50 grams or more of actual meth (or 500 grams of mixture): Mandatory minimum of 10 years in federal prison, up to life. If death or serious bodily injury results, the mandatory minimum is 20 years, and the maximum is life.
• Prior federal drug felony: Mandatory minimums double. A defendant with one prior conviction facing the 10-year threshold faces a mandatory 15 years. Two or more priors can trigger a mandatory life sentence.

Unlike the Texas state system, federal courts operate under the Federal Sentencing Guidelines, which calculate a recommended sentence based on the offense level and criminal history category. There is no parole in the federal system. Defendants must serve at least 85% of their sentence before becoming eligible for release through good-time credits.

Key Differences Between State and Federal Meth Cases

The federal system operates differently from Texas state court in several ways that directly affect your case:

Factor	Texas State Court	Federal Court
Probation / Deferred	Deferred adjudication and probation are available for most meth charges, even at higher quantities	Mandatory minimums eliminate probation for most cases above threshold amounts (5g actual / 50g mixture)
Conspiracy Liability	Conspiracy charges exist but are less commonly used in drug cases; prosecution typically focuses on the individual defendant’s conduct	Federal conspiracy law is extraordinarily broad. You can be held responsible for the entire scope of a drug operation, including quantities handled by co-conspirators, even if you were never caught with drugs
Investigation Style	Cases typically begin with a traffic stop, search warrant, or controlled buy; investigations are shorter	Federal investigations often span months with wiretaps, GPS tracking, confidential informants, and controlled buys before any arrest. By the time agents move in, the case is largely built.
Cooperation	Cooperation with prosecutors can help during plea negotiations but is informal and less structured	Formal cooperation through proffer sessions and “substantial assistance” motions can reduce sentences below mandatory minimums under Rule 35. High reward but significant risk without experienced counsel.
Safety Valve	No equivalent provision; judges have broader sentencing discretion across all cases	The federal safety valve allows judges to sentence below the mandatory minimum for defendants with minimal criminal history who were not leaders in the offense and who provide truthful information
Parole	Defendants may be eligible for parole after serving a portion of their sentence (varies by offense)	No parole in the federal system. Defendants must serve at least 85% of their sentence before release through good-time credits.
Sentencing Framework	Judges sentence within a statutory range; no formal guidelines system	The Federal Sentencing Guidelines calculate a recommended range based on offense level and criminal history. A detailed sentencing memorandum is critical.

Why You Need a Federal Defense Attorney for a Meth Case

Federal meth cases require a defense attorney with specific federal experience. The rules of evidence and procedure differ from state court, the sentencing memorandum process is complex, and the stakes are exponentially higher. Varghese Summersett’s defense team includes attorneys who have practiced in federal courts, including attorneys who interned with the U.S. Attorney’s Office and the Federal Public Defender’s Office. Founding partner Benson Varghese is Board Certified in Criminal Law and has tried more than 100 state and federal criminal cases before Texas juries. He is admitted to the U.S. District Court for the Northern District of Texas and the United States Fifth Circuit Court of Appeals.

If you have been contacted by federal agents, received a federal target letter, or learned that a federal complaint or indictment has been filed involving methamphetamine, call our Dallas office immediately at (214) 903-4000. Early intervention in a federal investigation can make the difference between a mandatory prison sentence and a significantly reduced outcome.

Collateral Consequences of a Methamphetamine Conviction

The prison sentence and fine are only part of what is at stake. A methamphetamine conviction in Dallas County carries long-lasting consequences that extend far beyond the courtroom.

A felony record will appear on background checks for employment, housing, and educational applications. Many employers and landlords automatically disqualify applicants with drug felonies. Professional licensing boards in fields like healthcare, education, law, and real estate can deny or revoke licenses based on a drug conviction. Your driver’s license will be automatically suspended for 180 days under Texas Transportation Code § 521.372. Federal financial aid eligibility may be affected. Non-citizens may face deportation or denial of immigration benefits. You will lose your right to possess a firearm under both federal and state law.

These consequences make it essential to fight the charge rather than accept whatever the prosecution initially offers. In many cases, alternatives like deferred adjudication, pretrial diversion, and drug offender education programs can keep a conviction off your record and protect your future. After successful completion, you may be able to pursue an expunction or nondisclosure to seal the record of your arrest.

What to Expect From Varghese Summersett

Methamphetamine cases are among the most aggressively prosecuted drug offenses in Dallas County. The penalties are severe, the collateral consequences are devastating, and prosecutors rarely offer leniency without significant pressure from the defense. That is exactly the kind of pressure our firm applies.

When you hire Varghese Summersett, you get a full defense team working your case. Our attorneys include Board Certified specialists in criminal law and former prosecutors who understand how the other side builds drug cases from the inside. We investigate every aspect of your arrest, from the initial encounter with law enforcement to the forensic lab analysis. We file aggressive pre-trial motions, retain independent experts when needed, and prepare every case for trial.

We also understand the human side of methamphetamine charges. Many of our clients are dealing with substance abuse issues alongside their legal problems. We connect clients with treatment resources and advocate for outcomes that address the underlying issues rather than simply imposing punishment. Call our Dallas office at (214) 903-4000 to speak with a defense attorney who will fight for the best possible outcome in your case.

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Understanding Controlled Substance Charges in Texas

View Video: Possession of a Controlled Substance in Texas – Every Penalty Group Explained

In this video, the attorneys at Varghese Summersett explain how Texas classifies controlled substances into penalty groups, what the penalties are for each group, and what the prosecution must prove to secure a conviction. The video covers Penalty Group 1 substances like methamphetamine, cocaine, heroin, and fentanyl, as well as Penalty Groups 2 through 4. Whether you are facing a state jail felony or a first-degree felony, understanding the classification system is a key part of building your defense strategy.

Frequently Asked Questions About Methamphetamine Charges in Dallas

Is possession of methamphetamine always a felony in Texas?

Yes. Methamphetamine falls under Penalty Group 1, which means possessing any measurable amount is at least a state jail felony under Texas Health and Safety Code § 481.115. There is no misdemeanor-level meth possession charge. Even a residue amount or trace quantity found in a pipe can be charged as a felony if the forensic lab can identify and weigh the substance.

What is the difference between possession and delivery of methamphetamine?

Possession means you held the methamphetamine for personal use. Delivery means the State alleges you intended to sell, transfer, or distribute it to another person. Delivery is prosecuted under HSC § 481.112 and carries significantly harsher penalties. For example, possessing 1 to 4 grams is a third-degree felony (up to 10 years), while delivering the same amount is a second-degree felony (up to 20 years). Prosecutors use circumstantial evidence like packaging, scales, cash, and communications to argue intent to deliver.

Can a methamphetamine charge be dismissed?

Yes. Varghese Summersett has secured numerous dismissals and no-bills in Penalty Group 1 cases. Successful defense strategies include motions to suppress illegally obtained evidence, grand jury no-bills, chain of custody challenges, lab testing errors, and the State’s inability to prove an affirmative link between the defendant and the substance. Read more about how drug possession charges get dropped.

What happens if methamphetamine is found in my car but it is not mine?

The prosecution must prove more than mere proximity to methamphetamine. If the meth was found in a vehicle with multiple occupants or in a car you borrowed, the State must establish an “affirmative link” showing you specifically knew about and controlled the substance. Without enough connecting evidence, such as your fingerprints on the packaging, incriminating statements, or drugs in plain view near you, the charge can be challenged.

Am I eligible for probation or diversion on a methamphetamine charge?

Many first-time offenders and those with minimal criminal history qualify for deferred adjudication, pretrial diversion programs, or drug court. These alternatives allow you to avoid a final conviction if you complete the program requirements. Successful completion may eventually allow you to pursue an expunction or nondisclosure to seal your record. The eligibility requirements depend on the specific charge, the amount involved, and your criminal history.

Talk to a Dallas Methamphetamine Defense Attorney Now

A methamphetamine arrest puts your freedom, your career, and your family at risk. The sooner you have a defense attorney reviewing the evidence and protecting your rights, the better your chances of a favorable outcome. Varghese Summersett’s Dallas criminal defense team is available 24 hours a day, 7 days a week. Call (214) 903-4000 for a free, confidential consultation.