Defending Against Drug Charges in Dallas, TX
Drug charges in Texas hold a heavy weight. Texas is arguably one of the toughest states on criminal drug charges. If you’ve been arrested for drug charges in DFW you need to contact a criminal defense attorney as soon as possible. Having a drug defense attorney defending you is essential in the outcome of your case.
RJ Harber is a former prosecuting attorney and now Dallas criminal DWI defense attorney that has seen many drug cases, and from both sides. Mr. Harber has the expertise in Dallas drug laws to guarantee that your case is handled the best it possibly can be.
Call our offices at (214) 389-1189 to get a free case evaluation today.
Dallas, TX Drug Offense Laws
In the Health and Safety Code, Chapter 481 Texas Controlled Substance Act, drugs and narcotics are defined as…
(16) “Drug” means a substance, other than a device or a component, part, or accessory of a device, that is:
- (A) recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary;
- (B) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
- (C) intended to affect the structure or function of the body of man or animals but is not food;
(29) “Narcotic drug” means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- (A) opium and opiates, and a salt, compound, derivative, or preparation of opium or opiates;
- (B) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical to a substance listed in Paragraph (A) other than the isoquinoline alkaloids of opium;
- (C) opium poppy and poppy straw; or
- (D) cocaine, including:
- (i) its salts, its optical, position, or geometric isomers, and the salts of those isomers;
- (ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves; and
- (iii) a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemical
The Health and Safety Code in section (38) also describes “Possession” as means actual care, custody, control, or management.
Drugs are classified into groups; for example…
- 1 ) Cocaine, Heroin, Hydrocodone, Oxycodone
- 1A) LSG
- 2 ) Ecstasy, PCP
- 3 ) Valium, Xanax
- 4 ) Morphine
- …and many more
Drug Possession Penalties
Penalties for classified drugs include but are not limited to:
Class 1
| Amount | Offense | Fine | Jail |
| Less than 1 gram | State felony | No more than $10,000 | 180 days to 2 years in jail |
| 1 gram- 4 grams | Third degree felony | No more than $10,000 | 2 years to 10 years in prison |
| 4 grams- 400 grams | Second degree felony | No more than $10,000 | 2 years to 20 years in prison |
| 200 grams- less than 400 grams | First degree felony | No more than $10,000 | 5 years to 99 years in prison |
| 400 grams or more | Enhanced first degree felony | No more than $100,000 | 10 years to 99 years in prison |
Class 1A
| Amount | Offense | Fine | Jail |
| Less than 20 units | State felony | No more than $10,000 | 180 days to 2 years in jail |
| 20 units to less than 4,000 units | Third degree felony | No more than $10,000 | 2 years to 10 years in prison |
| 80 units to less than 4,000 | Second degree felony | No more than $10,000 | 2 years to 20 years in prison |
| 4,000 units to less than 8,000 units | First degree felony | No more than $10,000 | 5 years to 99 years in prison |
| 8,000 units or more | Enhanced first degree felony | No more than $250,000 | 15 years to 99 years in prison |
Class 2
| Amount | Offense | Fine | Jail |
| Less than one gram | State felony | Up to $10,000 | 180 days to 2 years in jail |
| More than 1 gram to less than 4 grams | Third degree felony | Up to $10,000 | 2 years to 10 years in prison |
| More than 4 grams to less than 400 grams | Second degree felony | Up to $10,000 | 2 years to 20 years in prison |
| 400 grams or more | Enhanced first degree felony | Up to $50,000 | 5 years to 99 years in prison |
Class 3 & 4
| Amount | Offense | Fine | Jail |
| Less than 28 grams | Class A Misdemeanor | Up to $4,000 | No more than a year in jail |
| 28 grams to less than 200 grams | Third Degree Felony | Up to $10,000 | From 2 years to 10 years in prison |
| 200 grams to less than 400 grams | Second Degree Felony | Up to $10,000 | From 2 years to 20 years in prison |
| 400 grams or more | Enhanced First Degree Felony | Up to $50,000 | From 5 years to 99 years |
Along with any of those charges, due to the Texas Controlled Substances Act, the state of Texas could even suspend your license for up to six whole months. Don’t like those numbers? RJ Harber’s main priority is to ensure that you have the best legal representation possible in your case.
Charged with an a drug offense? Contact the Law Offices of RJ Harber
The Law Offices of RJ Harber are a Dallas-based private law practice defending the citizens of the Dallas/Fort Worth metroplex. As a Dallas-native and former Dallas County prosecuting attorney, RJ Harber is the best Dallas drug attorney to represent you in your case. Call our firm at: (214) 389-1189.