Dallas Drug Possession Attorney

Drug possession charges

While some states have loosened their drug possession laws in recent years, Texas has not. If you face drug charges in Texas, contact a Dallas drug possession attorney at Broden & Mickelsen, LLP right away. Our Dallas drug crime lawyers are board-certified in criminal law and thoroughly understand Texas drug laws. We can prepare a strong defense and guide you through every step of the legal process. Call us today for a free consultation.

Trust Broden & Mickelsen for Your Criminal Defense

If the police accuse you of a drug crime in Texas, you need a reliable and experienced attorney to handle your case. Here’s why you should choose Broden & Mickelsen, LLP if you face drug possession charges:

  • Our drug possession lawyers are certified in criminal law by the Texas Board of Legal Specialization. When you hire a Dallas drug lawyer with this distinction, you know you are in capable hands.
  • We have more than 60 years of combined criminal defense experience. We can aggressively defend you against any drug crime, from simple possession to federal drug trafficking.
  • We know how to handle both state and federal drug possession charges. Whether your defense calls for arguing to exclude evidence in your case or seeking alternative sentencing options, a drug defense lawyer from our firm can provide you with sound legal advice and strong legal representation.

Reach out today to speak with an experienced Dallas drug crime lawyer during a free and confidential consultation.

What Is Drug Possession?

Under Texas law, drug possession is the crime of knowingly or intentionally having an illegal substance on your person, within your control, or in your immediate environment. You can find a more detailed definition in the Texas Penal Code, which describes possession as having “actual care, custody, control, or management” of a controlled substance. Possession charges in Texas typically result from having small amounts of a drug, whereas larger amounts typically lead to charges like distribution or drug trafficking.

Drug Penalty Groups Under the Texas Controlled Substances Act

The Texas Controlled Substances Act places different drugs into distinct Penalty Groups. The group to which a drug belongs defines the penalties for possessing that drug. The Penalty Groups under the Texas Controlled Substances Act are:

Penalty Group 1

Drugs in Penalty Group 1 typically have no medical purpose or are tightly controlled painkillers (which you can possess in small amounts with a valid prescription from a doctor). Examples of drugs in Penalty Group 1 include:

  • Opium and opiate derivatives
  • Cocaine/crack cocaine
  • Heroin
  • Methamphetamine
  • Painkillers like oxycodone, hydrocodone, and codeine
  • Ketamine

Penalty Group 1-A

Penalty Group 1-A is strictly for LSD and other psychedelics.

Penalty Group 1-B

Penalty Group 1-B is a recent addition to the Texas Controlled Substances Act and includes fentanyl, its derivatives, and similar substances.

Penalty Group 2

Penalty Group 2 is for drugs with no medicinal value and strong hallucinogenic properties, along with their analogs and derivatives. Examples of drugs in Penalty Group 2 include:

  • Ibogaine
  • Mescaline (peyote)
  • Ecstasy
  • MDMA (“Molly”)
  • Bath salts
  • Psilocybin (mushrooms)
  • PCP

Penalty Group 2-A

Penalty Group 2-A is for synthetic cannabinoids, such as spice and K-2.

Penalty Group 3

Drugs in Penalty Group 3 sometimes have medicinal value, but they also have a high potential for abuse, so they are more tightly controlled. Examples of drugs in Penalty Group 3 include:

  • Ritalin
  • Xanax
  • Valium
  • Lorazepam (Ativan)
  • Clonazepam (Klonopin)
  • Zolpidem (Ambien)
  • Human Growth Hormone
  • Testosterone

Penalty Group 4

Drugs in Penalty Group 4 have a lower potential for abuse and some legitimate medicinal value. Drugs in this group typically have low amounts of potentially addictive substances and include:

Opiates not listed in Penalty Group 1
Prescription drugs with low amounts of opium, codeine, etc.
Certain types of morphine

Marijuana

Marijuana has its own penalty group in Texas. While possession of small amounts of marijuana is a misdemeanor, possessing larger amounts can be a felony drug offense.

Federal Drug Schedules

If you face federal drug charges in Texas, the penalties depend on where the drug allegedly in your possession falls under the rules of the Controlled Substances Act. The federal Controlled Substances Act places drugs into five “schedules,” with Schedule I drugs being considered the most dangerous and Schedule V drugs being considered the least dangerous. According to the DEA, here’s how the federal drug schedules work:

  • Schedule I drugs don’t have a medical use that’s accepted today, and they’re easy to abuse. This includes drugs like heroin, LSD, marijuana, ecstasy, and peyote.
  • Schedule II drugs are considered dangerous and addictive, but they might be used in medicine. This group includes drugs like Vicodin, cocaine, methamphetamine, and OxyContin.
  • Schedule III drugs are less addictive than Schedule I and II drugs but can still cause dependence. Examples include medicines with codeine, ketamine, anabolic steroids, and testosterone.
  • Schedule IV drugs have a lower chance of addiction and include substances like Xanax, Valium, and Ambien.
  • Lastly, Schedule V drugs have a very low risk of addiction. Some examples are cough syrups like Robitussin AC and pain relievers like Lyrica.

Penalties for Drug Possession

The penalties for drug crime convictions in Texas depend on which penalty group the drug belongs to and the amount of the drug in your possession. Broadly speaking, the penalties for drug possession in Texas are:

Penalty Groups 1 and 1-B

  • Less than one gram – State jail felony, 180 days to 2 years in jail, a fine up to $10,000
  • 1-4 grams – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 4-200 grams – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • 200-400 grams – First-degree felony, 5 years to life in prison, a fine up to $10,000
  • More than 400 grams – First-degree felony, 10 years to life in prison, a fine up to $100,000

Penalty Group 1A

  • 20 units or fewer – State jail felony, 180 days to 2 years in jail, a fine up to $10,000
  • 20-80 units – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 80-4,000 units – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • 4,000-8,000 units – First-degree felony, 5 years to life in prison, a fine up to $10,000
  • More than 8,000 units – First-degree felony, 15 years to life in prison, a fine up to $250,000

Penalty Group 2

  • Less than one gram – State jail felony, 180 days to 2 years in jail, a fine up to $10,000
  • 1-4 grams – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 4-400 grams – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • More than 400 grams – First-degree felony, 5 years to life in prison, a fine up to $50,000

Penalty Group 2-A

  • 2 ounces or less – Class B misdemeanor, up to 180 days in jail, a fine up to $2,000
  • 2-4 ounces – Class A misdemeanor, up to one year in jail, a fine up to $4,000
  • 4 ounces-5 pounds – State jail felony, 180 days to 2 years in jail, a fine up to $10,000
  • 5-50 pounds – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 50-2,000 pounds – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • More than 2,000 pounds – First-degree felony, 5 years to life in prison, a fine up to $50,000

Penalty Group 3

  • Less than 28 grams – Class A misdemeanor, up to one year in jail, a fine up to $4,000
  • 28-200 grams – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 200-400 grams – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • More than 400 grams – First-degree felony, 5 years to life in prison, a fine up to $50,000

Penalty Group 4

  • Less than 28 grams – Class B misdemeanor, up to 180 days in jail, a fine up to $2,000
  • 28-200 grams – Third-degree felony, 2-10 years in prison, a fine up to $10,000
  • 200-400 grams – Second-degree felony, 2-20 years in prison, a fine up to $10,000
  • More than 400 grams – First-degree felony, 5 years to life in prison, a fine up to $50,000

Our drug crime attorneys will work tirelessly to protect you from these severe penalties.

Federal Drug Possession Penalties

There are complicated rules regarding the penalties for federal drug possession charges depending on the amount of the drugs involved, your criminal record, and other factors. In general, federal drug possession charges carry heavier penalties than state charges, so it’s vital to hire a drug defense attorney with experience defending against these charges if you’re facing an accusation of drug possession under federal laws.

Defense Strategies to Fight Drug Charges

An experienced Dallas drug crime attorney will review the criminal charges against you and devise a defense strategy specific to your case. Some potential strategies for defending against drug possession charges in Texas could include:

  • Unlawful search and seizure
  • Lack of possession
  • Drugs belonged to someone else
  • Entrapment by law enforcement
  • Insufficient evidence
  • Medicinal use defense
  • Temporary possession for disposal
  • Lack of knowledge

Contact a drug possession lawyer to determine which defenses might apply to your case.

Texas Drug Courts

First-time offenders and others not accused of violent crimes can sometimes avoid jail time or other penalties by going through drug court programs. These programs provide substance abuse treatment, mental health counseling, and other services to help drug offenders with their addiction and gain new skills to address their situation. In many cases, completing a drug court program will result in the dismissal of charges. A drug possession attorney can tell you whether you might qualify for a drug court program.

Contact an Experienced Criminal Defense Lawyer Today

Drug crime cases are serious legal matters in Texas. You need a capable Dallas drug defense attorney who can protect your rights and freedom. Call Broden & Mickelsen, LLP today or complete our contact form for a free consultation.