Dallas Drug Lawyer

Get a former prosecutor on your side

Texas is arguably one of the toughest states on criminal drug charges. If you’ve been arrested for drug charges in Dallas, you need a criminal defense attorney as soon as possible. Having a drug defense attorney can give your case the edge you are looking for.

RJ Harber is a former prosecutor who has seen many drug cases from both sides of the courtroom. Mr. Harber has experience in Dallas drug laws to guarantee that your case gets all the attention it deserves to aim for the best possible outcome. Contact us today for a free consultation.

Texas Drug Laws

The Texas criminal justice system poses harsh legal consequences for drug crime cases, from fines to prison sentences. Texas law categorizes drug crimes based on the type of substance, the amount, and the nature of the offense—such as possession, distribution, or manufacturing. Below, we break down key drug laws and penalties in Texas.

Penalty Groups in Texas Drug Cases

The legal system organizes controlled substances into distinct penalty groups that determine how each case is categorized. Here’s each group:

Penalty Group 1: Most Serious Offenses

Includes: Cocaine, heroin, methamphetamine, and oxycodone
Possession under 1 gram: State jail felony (180 days-2 years, up to $10,000 fine)
Possession 1–4 grams: Third-degree felony (2–10 years in prison, up to $10,000 fine)
Possession 4–200 grams: Second-degree felony (2–20 years in prison, up to $10,000 fine)
Possession 200–400 grams: First-degree felony (5–99 years or life, up to $10,000 fine)
Possession over 400 grams: Enhanced first-degree felony (10–99 years or life, up to $100,000 fine)

Penalty Group 2: Hallucinogens & Similar Drugs

Includes: MDMA (ecstasy), PCP, and psilocybin
Possession under 1 gram: State jail felony (180 days–2 years in state jail, up to $10,000 fine)
Possession 1–4 grams: Third-degree felony (2–10 years in prison, up to $10,000 fine)
Possession 4–400 grams: Second-degree felony (2–20 years in prison, up to $10,000 fine)
Possession over 400 grams: First-degree felony (5–99 years or life, up to $100,000 fine)

Penalty Group 3 & 4: Prescription Medications

Group 3 includes drugs like Xanax, Valium, Ritalin, and hydrocodone mixtures.
Group 4 includes certain narcotics mixed with non-narcotic substances.
Possession under 28 grams: Class A misdemeanor (up to 1 year in jail, $4,000 fine)
Possession 28–200 grams: Third-degree felony (2–10 years in prison, up to $10,000 fine)
Possession 200–400 grams: Second-degree felony (2–20 years in prison, up to $10,000 fine)
Possession over 400 grams: First-degree felony (5–99 years or life, up to $100,000 fine)

Marijuana: Separate Classification

Less than 2 oz: Class B misdemeanor
2-4 oz: Class A misdemeanor
4 oz — 5 lbs: State jail felony

Larger amounts result in higher felony charges:

5–50 lbs: Third-degree felony (2–10 years, up to $10,000 fine)
50–2,000 lbs: Second-degree felony (2–20 years, up to $10,000 fine)
Over 2,000 lbs: First-degree felony (5–99 years or life, up to $50,000 fine)

Possession of a Controlled Substance (POCS)

Texas Health & Safety Code § 481.115 — § 481.118 covers possession of an illegal drug. This includes having a controlled substance on you, at home, or in your vehicle without a valid prescription. The penalties depend on the amount and the drug’s penalty group.

Penalties for Possession (PG1 & PG2)

Less than 1 gram → State Jail Felony (180 days–2 years in state jail, up to $10,000 fine)
1 to 4 grams → Third-Degree Felony (2–10 years in prison, up to $10,000 fine)
4 to 200 grams → Second-Degree Felony (2–20 years in prison, up to $10,000 fine)
200 to 400 grams → First-Degree Felony (5–99 years in prison, up to $100,000 fine)
Over 400 grams → Enhanced First-Degree Felony (10–99 years or life) and fines of up to $300,000 for PG1 and $100,000 for PG2.

Penalty Group 3 (PG3 & PG4)

Less than 28 grams → Class A Misdemeanor (Up to 1 year, $4,000 fine)
28 to 200 grams → Third-Degree Felony (2–10 years, $10,000 fine)
200 to 400 grams → Second-Degree Felony (2–20 years, $10,000 fine)
Over 400 grams → First-Degree Felony (5–99 years, up to $100,000 fine)

Marijuana Possession (Handled Separately – § 481.121)

Less than 2 oz → Class B Misdemeanor (Up to 180 days, $2,000 fine)
2 to 4 oz → Class A Misdemeanor (Up to 1 year, $4,000 fine)
4 oz to 5 lbs → State Jail Felony (Up to 2 years, $10,000 fine)
5 to 50 lbs → Third-Degree Felony (2–10 years, $10,000 fine)
50 to 2,000 lbs → Second-Degree Felony (2–20 years, $10,000 fine)
Over 2,000 lbs → Enhanced First-Degree Felony (5–99 years, up to $100,000 fine)

Drug Manufacturing & Distribution

Under the Texas Health & Safety Code § 481.112 — § 481.114, manufacturing or delivering controlled substances carries higher penalties than simple possession. The law considers any involvement in drug production, sales, or distribution as a more serious offense, with penalties determined by substance type and quantity.

Under Texas law, ‘manufacture’ refers to the production, preparation, or processing of a controlled substance, either directly or indirectly. ‘Delivery’ encompasses the attempted transfer of a controlled substance from one person to another, whether or not there is an agency relationship.

Manufacturing/Distribution Penalties for PG1 & PG2

Less than 1 gram → State Jail Felony (180 days to 2 years in state jail, up to $10,000 fine)
1 to 4 grams → Second-Degree Felony (2 to 20 years in prison, up to $10,000 fine)
4 to 200 grams → First-Degree Felony (5 to 99 years in prison, up to $100,000 fine)
200 to 400 grams → First-Degree Felony (10 to 99 years in prison, up to $100,000 fine)
Over 400 grams → First-Degree Felony (15 to 99 years or life in prison, up to $250,000 fine)

Manufacturing/Distribution of PG3 & PG4

Less than 28 grams → State Jail Felony (180 days to 2 years in state jail, up to $10,000 fine)
28 to 200 grams → Second-Degree Felony (2 to 20 years in prison, up to $10,000 fine)
200 to 400 grams → First-Degree Felony (5 to 99 years in prison, up to $100,000 fine)
Over 400 grams → First-Degree Felony (10 to 99 years or life in prison, up to $100,000 fine

Drug Paraphernalia Charges

Texas Health & Safety Code § 481.125 covers drug paraphernalia charges, including any equipment, products, or materials used to plant, grow, manufacture, store, conceal, inject, ingest, or inhale controlled substances. While often charged alongside other drug offenses, paraphernalia charges can be filed independently.

Paraphernalia Penalties

Possession → Class C Misdemeanor (Up to $500 fine)
Delivery or Sale → Class A Misdemeanor (Up to 1 year in jail, $4,000 fine)
Delivery to a Minor at least 3 years younger → State Jail Felony (180 days – 2 years, up to $10,000 fine).

Aggravating Drug Charge Factors

Some elements can significantly increase the severity of drug crimes in Texas, leading to enhanced penalties and mandatory minimum sentences.

Common Aggravating Factors:

Drug-Free Zones → Penalties increase if the offense occurs within a thousand feet of schools and playgrounds.
Involving Minors → Using persons under 18 in drug operations or selling to minors.
Deadly Weapons → Possessing a firearm during the commission of a felony drug offense.
Criminal History → Previous drug-related convictions enhance new charges.
Amount of Drugs → Larger quantities trigger automatic charge enhancements.

Alternatives to Jail for First-Time Offenders

Texas offers alternative sentencing options for first-time drug offenders, focusing on rehabilitation rather than incarceration. These programs can help eligible defendants avoid jail time and potentially clear their records:

Drug Court Programs → Intensive supervision with treatment and counseling
Pretrial Diversion and Community Service → Potential for case dismissal upon successful program completion, depending on program specifics
Deferred Adjudication → No conviction if probation terms are met
State Jail Substance Abuse Program → Court-ordered substance abuse treatment that may reduce incarceration time or provide rehabilitation-focused confinement in a state jail facility.

Success in these programs can lead to reduced charges or case dismissal. Seek legal representation to evaluate if you are eligible.

Possible Defenses in Drug Cases

When facing drug-related charges, several legal defenses may apply depending on the specifics of your case. A strong defense strategy can challenge the prosecution’s case and argue for reduced charges or even a dismissal when applicable. Some common defense strategies in court proceedings include:

Unlawful Search and Seizure: Law enforcement must follow strict procedures when running searches. If evidence was obtained through an illegal search or without a valid warrant, it may be inadmissible in court.
Chain of Custody Issues: Evidence must be properly handled from the moment of seizure to its presentation in court. If there are gaps or discrepancies in the evidence’s chain of custody, it may weaken the prosecution’s case.
Lack of Possession: The prosecution must prove that the defendant knowingly possessed the drugs. If the substances were found in a shared space, such as a car or apartment, there may be reasonable doubt about ownership.

Contact us for a Free Consultation

Drug crimes in Texas can have severe penalties. Whether you’re facing possession, manufacturing, or distribution charges, hiring an experienced Dallas drug lawyer can make a huge difference in your case outcome.

Former prosecutor RJ Harber knows how the state builds drug cases and uses this insight to develop strong defense strategies for his clients. From challenging illegal searches to pursuing alternative sentencing options, our law office examines every aspect of your case to protect your rights and work toward the best possible outcome.

Drug Crime Defense FAQ

What should I do if I am charged with a drug crime in Dallas?

If you are facing drug charges, contact a Dallas drug crime lawyer at your earliest convenience. Texas has strict drug laws, and penalties can be severe, even for first-time offenders. A criminal defense lawyer can review your case, challenge any illegal search or seizure, and develop a strong defense strategy based on the controlled substances involved.

What are the penalties for drug offenses under Texas law?

The penalties for drug offenses in Texas depend on the type and amount of illegal substances, prior convictions, and whether the case falls under state or federal drug laws. Texas categorizes drugs into penalty groups under the Texas Controlled Substances Act, with more severe consequences for substances like heroin and methamphetamine. A conviction for drug trafficking or drug manufacturing can lead to life imprisonment in extreme cases, while possession of less than one gram may lead to a state jail felony, carrying 180 days to 2 years in a state jail facility.

Can I be charged with a federal drug crime instead of a state offense?

Yes, certain drug crime cases are prosecuted at the federal level, especially if they involve drug trafficking, large quantities of controlled substances, or interstate activity. Federal drug charges often carry mandatory minimum sentences and are prosecuted by a federal prosecutor under the Controlled Substances Act. If you are under investigation or facing federal drug cases, you need a skilled attorney with experience handling federal law and court procedures.

How can a drug defense lawyer help with my case?

A Dallas drug defense lawyer can challenge key evidence, argue a violation of your rights due to illegal search or seizure and lack of probable cause, and negotiate a plea agreement if necessary. In some criminal cases, a law office may work to suppress evidence obtained unlawfully, increasing the chances of dismissal. If the prosecution cannot prove guilt beyond a reasonable doubt, charges may be reduced or dropped.

Are prescription drugs treated the same as illegal drugs in Texas?

Prescription drugs can still lead to drug-related offenses if they are possessed or distributed without a valid prescription. Texas law criminalizes the unauthorized possession of substances like opioid painkillers, anabolic steroids, and sedatives. Even though these are legal medications, unlawful possession can be a violation of Texas drug laws.

What happens if I plead guilty to a drug charge?

If you plead guilty to drug-related charges, sentencing would depend on the specifics of your case. You may face incarceration, probation, or entry into a drug court program. In some cases, a plea agreement can reduce charges, but a guilty plea results in a criminal record. Before accepting any plea deal, consult a criminal defense attorney to go over your rights and alternatives.