Dallas Drug Charge Lawyer

What are the Texas penalty groups?

The Texas Controlled Substances Act sorts drugs into penalty groups, and each group has its own penalty statute:

• Penalty Group 1 (Health and Safety Code 481.102): cocaine, methamphetamine, heroin and other opiates, and others. Fentanyl is in Penalty Group 1-B.
• Penalty Group 1-A: LSD, measured in dosage units.
• Penalty Group 2 (481.103): includes MDMA, psilocybin and tetrahydrocannabinols other than marijuana, which covers THC oil, wax and vape cartridges, and, since July 31, 2026, delta-8 and other non-delta-9 THC. Penalty Group 2-A covers synthetic cannabinoids such as K2.
• Penalty Group 3 (481.104): many prescription drugs, such as alprazolam (Xanax) and diazepam (Valium), when possessed without a valid prescription.
• Penalty Group 4 (481.105): certain low-dose narcotic compounds.
• Marijuana is charged separately under 481.121, by weight in ounces and pounds.

See Texas drug penalty groups explained.

What are the possession penalties by group and weight?

Sources: Health and Safety Code 481.115, 481.116, 481.117. Weight includes adulterants and dilutants.

What about marijuana?

Marijuana means the plant material. THC oil, wax and vape cartridges are not charged as marijuana; they are charged under Penalty Group 2, which is a felony even under 1 gram. See marijuana and THC charges.

Are THC vapes and delta-8 illegal in Texas now?

Yes, in most cases. On May 1, 2026, the Supreme Court of Texas held in Tex. Dept. of State Health Services v. Sky Marketing Corp. that the state health commissioner acted within her authority in listing manufactured delta-8 THC as a Schedule I controlled substance. After the court's mandate, the Department of State Health Services reinstated its 2021 definitions, effective July 31, 2026. Under the reinstated schedule, delta-8 and other THC isomers and variants that are not delta-9 are treated as controlled substances, and possession is charged by weight under Penalty Group 2 (TDCAA, July 2026 legislative update).

What remains legal: consumable hemp products with no more than 0.3% delta-9 THC on a dry weight basis (Health and Safety Code chapter 443). Products bought legally in a store before July 31, 2026 are not protected after that date. This area is still changing through litigation and possible legislation, so check the date on anything you read. See THC and delta-8 after July 31, 2026 and is a THC vape a felony in Texas?

What is the difference between possession, possession with intent and delivery?

Possession means care, custody, control or management of the drug. Manufacture or delivery, which includes possession with intent to deliver, is a separate and more serious offense. For Penalty Group 1, for example, delivery of under 1 gram is a state jail felony, 1 to 4 grams is a second-degree felony and 4 to 200 grams is a first-degree felony (Health and Safety Code 481.112). Prosecutors often argue intent from packaging, scales, cash or the quantity. Offenses in a drug-free zone, such as within 1,000 feet of a school, can carry increased punishment (481.134). See possession with intent to deliver.

How are drug cases defended?

• The search. Was there a valid reason to stop the car or enter the home? Was consent truly voluntary? Did a warrant support the search? Evidence obtained illegally can be suppressed.
• Possession and affirmative links. When drugs are found in a shared car or home, the State must link them to you with more than mere presence.
• Lab testing and weight. The substance must be identified by a lab, and the weight drives the offense level. For THC products, the lab must distinguish delta-9 hemp from controlled THC isomers.
• Chain of custody and the timing of testing.

We do not promise outcomes. We request the lab reports, video and search records, and we look for every legal problem with the case.

Is probation, drug court or diversion available in Dallas County?

For many first-time state jail drug possession cases, Code of Criminal Procedure 42A.551 generally requires the judge to suspend the sentence and place the person on community supervision, with exceptions. Dallas County also operates pretrial diversion programs through the District Attorney's Office and specialty courts, including a substance-use treatment court. Eligibility is decided by the DA's office and the court. Deferred adjudication is available for many drug charges.

Where are Dallas County drug cases heard?

Felony drug cases are heard in the Criminal District Courts and misdemeanor cases in the County Criminal Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. Arrests are usually booked at the Lew Sterrett Justice Center. We also handle drug cases in Collin, Denton, Tarrant and the other counties we serve.

Can a drug charge be sealed?

A dismissal or acquittal may qualify for expunction. Completed deferred adjudication may qualify for an order of nondisclosure after the waiting period. See expunction and nondisclosure.

What is the timeline of a Dallas County drug case?

1. Stop, search and arrest. Most drug cases begin with a traffic stop, a search of a home under a warrant, or a search incident to another arrest.
2. Booking and magistration at the Lew Sterrett Justice Center, with bail set under Code of Criminal Procedure 17.15.
3. Field test and lab submission. A roadside field test is not the final word. The substance is sent to a crime lab, and results can take weeks or months.
4. Filing. Misdemeanors (such as small amounts of marijuana) go to a County Criminal Court. Felonies go to a grand jury.
5. Discovery. Lab reports, chain of custody records, body camera video and any search warrant affidavit.
6. Motions and resolution. Motions to suppress, negotiations, diversion or specialty court, plea, or trial.

How do search and seizure issues affect drug cases?

• Traffic stops: an officer needs reasonable suspicion for the stop. The stop cannot be extended beyond the time needed for the traffic matter to wait for a drug dog without separate reasonable suspicion (Rodriguez v. United States, 2015).
• Consent: consent must be voluntary. Whether a person felt free to refuse is judged by the circumstances, and the video often answers that question.
• Vehicle searches: officers may search a vehicle without a warrant if they have probable cause. What supplied the probable cause, and when, is often disputed.
• Home searches: a search warrant must be supported by an affidavit establishing probable cause. False or reckless statements in the affidavit can be challenged.
• Hemp and THC: because legal hemp and illegal THC products can look and smell alike, officers' observations alone may not establish what a substance is. Lab testing is required to prove the substance and concentration.

What are "affirmative links" in possession cases?

When drugs are found in a place shared with others, Texas courts require evidence linking the accused to the drugs beyond mere presence. The Texas Court of Criminal Appeals discussed factors in Evans v. State (2006), including whether the drugs were in plain view, the accused's proximity and access, whether the accused owned or controlled the place, whether there were incriminating statements or conduct, and whether other contraband or paraphernalia was present. No single factor decides the issue.

What defenses apply to prescription drugs?

Possession of a Penalty Group 3 or 4 substance is not an offense if the person obtained it directly from or under a valid prescription from a practitioner acting in the course of professional practice (Health and Safety Code 481.117, 481.118). Keep the pharmacy bottle and records.

What collateral consequences can a drug case have?

• Employment and licensing: drug convictions can affect professional licenses and jobs that require background checks.
• Housing: landlords and public housing programs may screen for drug offenses.
• Firearms: a felony conviction bars possession under Texas and federal law.
• Future cases: a prior conviction can increase the punishment range for a later offense.

Checklist: what to bring to your consultation

• Bond paperwork and any property or vehicle impound receipts
• Any search warrant you were given
• Prescription bottles or pharmacy records for any medication involved
• Purchase receipts or packaging for hemp or THC products, if relevant
• Names of everyone in the vehicle or home
• A written timeline of the stop or search, including what officers said about consent

Does Dallas County have drug courts?

Dallas County operates specialty courts and pretrial programs. DIVERT Court, founded in 1998, is a judicially supervised treatment program for substance use offenders; according to Dallas County, successful completion may lead to dismissal of the original charge and the option to seek expunction. The DA's general felony pretrial diversion program is aimed at first-time felony offenders, and first-degree manufacture or delivery charges are listed as ineligible, with second-degree delivery charges considered case by case.

What is the difference between possession and possession with intent to deliver?

Possession means care, custody, control or management of a substance (Health and Safety Code 481.002). Delivery includes an actual or constructive transfer and an offer to sell. Possession with intent to deliver is charged under the manufacture and delivery statutes (481.112 to 481.1121 and 481.113 to 481.114) and carries higher punishment ranges than simple possession of the same amount. Prosecutors usually try to prove intent with circumstantial evidence such as packaging, scales, large amounts of cash, ledgers or messages. Those inferences can be contested; personal-use amounts, shared supplies, and innocent explanations for cash are common issues.

What are drug-free zones?

Under Health and Safety Code 481.134, the punishment for many drug offenses increases if the offense occurred in, on or within 1,000 feet of a school or certain other listed places, or within shorter distances of places such as youth centers and public pools. The State must prove the location and the distance. Maps, measurement methods and whether the place qualifies under the statute are all open to challenge.

What about fentanyl?

Fentanyl is in Penalty Group 1-B, which has its own weight thresholds. Since September 1, 2023, Texas law allows a murder charge when a person knowingly manufactures or delivers fentanyl and another person dies after using it (Penal Code 19.02, as amended by House Bill 6 in 2023). Fentanyl cases call for close attention to lab results, weight and the chain of events.

What about paraphernalia and synthetic cannabinoids?

• Paraphernalia: possessing drug paraphernalia is a Class C misdemeanor, punishable by a fine only (Health and Safety Code 481.125).
• Synthetic cannabinoids (often sold as "K2" or "spice") are in Penalty Group 2-A, with their own weight ranges.

What should I do if my case depends on a lab result?

1. Do not plead to a felony amount before the lab confirms what the substance is and how much it weighs.
2. Ask whether the weight includes packaging or adulterants and dilutants, which Texas law counts for most groups.
3. For THC cases, ask whether the lab measured delta-9 THC concentration, which separates hemp from marijuana.
4. Consider an independent retest when the result is close to a threshold.

Key terms

Penalty group

The schedule in Health and Safety Code chapter 481 that places a substance in a category with its own weight ranges and punishments.

Adulterants and dilutants

Other material mixed with a controlled substance. For most penalty groups, Texas counts it toward the total weight.

Affirmative links

Evidence connecting a person to drugs found in a shared place, beyond simply being nearby.

Motion to suppress

A request asking the judge to exclude evidence obtained through an unlawful stop, search or statement.

Specialty court

A judicially supervised program, such as a drug court, that combines treatment and supervision with the court case.

Field test

A roadside chemical test that is not a substitute for a laboratory analysis.

Drug charges by county

Courts, prosecutors and local programs differ by county. See our local pages:

• Dallas County
• Tarrant County
• Collin County
• Denton County

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026