Fort Worth Drug Lawyer
Fort Worth residents who are arrested for controlled substance possession or similar charges face some of the harshest drug penalties in the nation. It is vital to speak with a Fort Worth drug lawyer right away if you were charged with a drug-related crime. These are commonly filed as Possession of Controlled Substances cases, but are sometimes also filed as Delivery/Manufacturing of Controlled Substances cases. Our experienced criminal attorneys will help you fight your charges and work tirelessly to achieve a successful outcome.
What are Drug Classifications and Offenses in Fort Worth?
Texas law separates drugs into various classifications, with enhanced penalties applied to controlled substances deemed more dangerous or prone to abuse. These drug classifications include hallucinogens, stimulants, depressants, and narcotics.
Psilocybin mushrooms and LSD are examples of hallucinogenic drugs, while cocaine, crack, and prescriptions such as Adderall would fall under stimulants. Recreational barbiturates, Valium, and opioids may be considered depressants. Narcotics refer to opioid drugs, including those distributed for prescription and recreational usage.
Drug offenses include possession, manufacturing, or delivery of a controlled substance. According to Texas Penal Code Section 1.07, possession is when someone has custody and control of an illicit substance. Someone who naturally or chemically extracts and produces a drug may be considered a manufacturer. When a person supplies another individual with a controlled substance, they may be charged with drug trafficking or delivery of the substance.
For more information, please reference Texas Penal Code §1.07
What are the Different Drug Groups?
Texas law categorizes the penalties for drug possession based on the nature of the substance itself and the quantity possessed. Texas Health & Safety Code §481.102 through §481.105 categorizes each drug.
There are four primary drug penalty groups and one distinct penalty group for marijuana-related charges. These penalty categories and associated punishments are as follows:
For more information, please reference Texas Health & Safety Code §481.102 – §481.105
Possession Of A Controlled Substance Penalty Group 1
Controlled substance penalty group one in Texas refers to drugs that have a high potential for abuse and have no currently accepted medical use in the United States. These drugs include cocaine, heroin, methamphetamine, and fentanyl, among others. In Texas, possessing even a small amount of these drugs can result in serious criminal charges.
Penalties for this crime can range from a Class A misdemeanor to a first-degree felony, depending on the amount of the drug involved and the defendant’s prior criminal history.
Class A Misdemeanor (POCS PG1 Under 1 Gram)
If a person is found in possession of a small amount of a controlled substance penalty group one in Texas, they may be charged with a Class A misdemeanor. This type of offense can result in up to one year in jail and a fine of up to $4,000.
State Jail Felony (POCS PG1 1-4 Grams)
A person who is found in possession of a controlled substance penalty group one in Texas may also be charged with a state jail felony. This type of offense can result in a prison sentence of up to two years and a fine of up to $10,000.
Third-Degree Felony (POCS PG1 4-200 Grams)
A person who is found in possession of a larger amount of a controlled substance penalty group one in Texas may be charged with a third-degree felony. This type of offense can result in a prison sentence of up to ten years and a fine of up to $10,000.
Hybrid Felony (POCS PG1 200-400 Grams)
A person who is found in possession 200-400 grams of a penalty group 1 controlled substance is facing 10-99 years or life in prison. This type of offense can result in a prison sentence of up to ten years and a fine of up to $100,000.
Hybrid Felony (POCS PG1 Over 400 Grams)
A person who is found in possession of over 400 grams of a penalty group 1 controlled substance is facing 15-99 years or life in prison. This type of offense can result in a prison sentence of up to ten years and a fine of up to $250,000.
Possession of a Controlled Substance Penalty Group 1 in Texas
| Substance | Drug Amount | Offense Level | Potential Jail or Prison Time | Fine |
|---|---|---|---|---|
| Cocaine | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| 4-200 grams | Enhanced Penalty | 10-99 years or life | Up to $100,000 | |
| > 200 grams | Enhanced Penalty | 15 years to life | Up to $250,000 | |
| Heroin | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| 4-400 grams | Enhanced Penalty | 10-99 years or life | Up to $10,000 | |
| > 400 grams | Enhanced Penalty | 15 years to life | Up to $250,000 | |
| Methamphetamines | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| 4-200 grams | Enhanced Penalty | 10-99 years or life | Up to $10,000 | |
| > 200 grams | Enhanced Penalty | 15 years to life | Up to $250,000 | |
| Fentanyl | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| 4-400 grams | Enhanced Penalty | 10-99 years or life | Up to $10,000 | |
| > 400 grams | Enhanced Penalty | 15 years to life | Up to $250,000 |
Possession of a Controlled Substance Penalty Group 2
Penalty Group 2 substances are considered to have a lower potential for abuse compared to Penalty Group 1 substances. However, they are still considered dangerous and their possession, manufacture, or delivery is illegal. Penalty Group 2 substances include cocaine, methamphetamines, ecstasy, and certain prescription drugs, among others. Penalty Group 2A includes synthetic marijuana.
Possession Of A Controlled Substance Penalty Group 2: Penalties
The penalties for possessing a controlled substance Penalty Group 2 in Texas vary depending on the specific substance and the amount of the drug involved. In general, the penalties range from a Class A Misdemeanor to an Enhanced First-Degree Felony, and the punishment can include jail or prison time, fines, and a criminal record.
| Substance | Drug Amount | Offense Level | Potential Jail or Prison Time | Fine |
|---|---|---|---|---|
| MDMA (Ecstasy) | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 3rd Degree Felony | 2-10 years | Up to $10,000 | |
| 4-400 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| > 400 grams | First Degree | 5-99 years or life | Up to $10,000 | |
| Adderall | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 3rd Degree Felony | Â 2-10 years | Up to $10,000 | |
| 4-400 grams | 2nd Degree | 2-20 years | Up to $10,000 | |
| > 400 grams | First Degree | 5-99 years or life | Up to $10,000 | |
| Psilocybin | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 3rd Degree Felony | 2-10 years | Up to $10,000 | |
| 4-400 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| > 400 grams | First Degree | 5-99 years or life | Up to $10,000 | |
| Synthetic marijuana | < 1 gram | State Jail Felony | 180 days to 2 years | Up to $10,000 |
| 1-4 grams | 3rd Degree Felony | 2-10 years | Up to $10,000 | |
| 4-400 grams | 2nd Degree Felony | 2-20 years | Up to $10,000 | |
| > 400 grams | First Degree | 5-99 years or life | Up to $10,000 |
Possession of a Controlled Substance Penalty Group 3
An individual could face up to a year of confinement and $4,000 in fines for possessing less than 28 grams of controlled substances in Penalty Group 3. If they possess 400 grams or more, the punishment can escalate to up to life in prison and and a maximum $50,000 fine.
Possession of a Controlled Substance Penalty Group 4
Periods of incarceration can range from 180 days in jail al the way up to life in prison, depending on the amount of drugs. Fines may be as high as $50,000 for possession of Penalty Group 4 drugs.
All drug convictions carry a driver license suspension.
Marijuana Group
Even very small amounts of marijuana can be prosecuted in Texas. A useable amount under two ounces is a Class B misdemeanor punishable by up to 180 days in jail. Possessing four ounces or more is a felony. Possession of 2,000 pounds or more is a first degree felony punishable by up to life in prison.
Any drug charge should be taken extremely seriously given the harsh penalties that can be imposed. A Fort Worth lawyer will explain the applicable drug laws and help you understand the possible legal ramifications if convicted.
Call a Forth Worth Drug Lawyer for Help
If you or your family member has been charged with a drug offense, you need the skill and experience of a Fort Worth drug lawyer. Our goals are to not only avoid jail time and a conviction, but to also set you up to have your record cleared in the future. Time is of the essence when it comes to building a solid defense against your charges and maximizing your chances of achieving favorable results. Call now for a free consultation.
