Dallas Drug Crimes Lawyer - Michael & Associates, Attorneys at Law

Michael & Associates has a 100% success rate in Dallas drug cases in 2025, as measured by our client satisfaction surveys. Our ultimate goal is for every single client to walk away with no lifelong consequences for a one-time mistake.

If you’re facing charges for drug possession in Dallas County or the surrounding areas, you need experienced advocates who understand how prosecutors think, how local courts operate, and are familiar with the key players.

Many of our Dallas attorneys were born and raised here and have built trust and rapport with local judges, prosecutors, and juries. Two are former prosecutors, while others have dedicated their entire careers to criminal defense. One is a past president of the Ellis County Criminal Defense Lawyers Association.

We’ve built a reputation in North Texas for thorough investigations, aggressive negotiation, and unwavering support. Our local experience gives us a critical edge.

But when you choose Michael & Associates to represent you, you aren’t just hiring one attorney. You’re getting an entire statewide team that includes a former FBI agent, a former judge, and attorneys with decades of experience. Together, we tailor every defense to the individual, working relentlessly toward the best possible outcome. Our No. 1 goal is a dismissal.

We represent clients not only in Dallas County, but also in Collin, Denton, Rockwall, Kaufman, Ellis, and Tarrant counties. Unsure how to begin? Contact us for a free consultation today.

Dallas Drug Possession Laws

The most common drug-related charges in the Dallas area include marijuana possession and possession of controlled substances without a valid prescription.

Marijuana Possession

Although marijuana laws continue to evolve across the U.S., Texas law remains firm: marijuana is illegal statewide. This includes cannabis-derived edibles, vape cartridges, and oils.

However, enforcement varies widely. While Dallas voters had passed a citywide ordinance that prohibited police from citing and arresting people carrying a small amount of weed, that law was struck down by a state appeals court in April 2025.

One (legal) hemp-derived gummy can weigh as much as five grams, which would be classified as a state jail felony.

Adding to the complexity, low-potency “hemp-derived” THC products are technically legal in Texas and under federal law (Delta 9 THC is one example), but there’s no field testing to determine whether or not the item in your possession is legal. Additionally, the penalties established by Texas Penal Code Chapter 481.12 are assessed by weight, so a single edible can easily be heavy enough to land you with a state jail felony charge, which could include six months to two years in jail.

Court data shows that 822 people in Dallas County were charged with marijuana possession in 2024. About 45% of those cases have been resolved. While the vast majority of those cases (86%) were dismissed, almost 10% resulted in convictions. The remaining 4% had other outcomes.

Possession of a Controlled Substance

Under the Texas Health & Safety Code (Sections 481.115–481.118), it is a crime to knowingly or intentionally possess a controlled substance without a legitimate prescription. These substances are grouped into categories based on their potential for abuse and accepted medical uses.

Penalties depend on the substance and the quantity found. You could face a misdemeanor or a felony charge with potential jail time. And unlike some other states, Texas does not take a lenient stance on prescription drugs — being caught with a few pills can still lead to life-altering consequences.

Court data shows that about 70% of cases involving drug offenses in Dallas County in 2024 have been resolved. Almost 75% of those cases were dismissed, 18% resulted in convictions, and 6% of defendants received deferred adjudication. The remainder had other outcomes.

READ MORE: Texas drug laws

Other Drug Crimes in Texas

Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, including:

Manufacture or Delivery of a Substance in Penalty Group 1: Texas Health & Safety §481.112
Manufacture or Delivery of a Substance in Penalty Group 1A: §481.1121
Manufacture of a Substance in Penalty Group 1 in the Presence of Child: §481.1122
Manufacture or Delivery of a Substance in Penalty Groups 2 or 2A: §481.113
Manufacture or Delivery of a Substance in Penalty Groups 3 or 4: §481.114
Manufacture, Delivery, or Possession of Miscellaneous Substances: §481.119
Marijuana Delivery: §481.120
Delivery of Marijuana or Another Controlled Substance to a Child: §481.122
Possession or Transport of Certain Chemicals with the Intent to Manufacture a Controlled Substance: §481.124
Drug Paraphernalia Delivery: §481.125
Transfer of a Precursor Substance for Unlawful Manufacture: §481.137
Manufacture or Delivery of a Controlled Substance That Causes Death or Serious Bodily Injury: §481.141

Texas Drug Penalty Groups and Consequences

The Texas Controlled Substances Act categorizes drugs into groups based on their risk and medical use:

Dallas Drug Crime Penalty Groups

The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Texas classified marijuana as a Schedule 1 controlled substance. This means that the state considers marijuana to have a high potential for abuse and no currently acceptable medical use.

The penalties decrease based on the group classification and the amount involved.

Here are the classifications:

Schedule	Examples	Potential charges (based on volume)
Group 1: No acceptable medical use; high abuse potential (§481.102)	Codeine Cocaine Ecstasy Heroin Opium Oxycodone Meth	State jail felony to first-degree felony
Group 1A	LSD and other hallucinogens	State jail felony to first-degree felony
Group 1B	Fentanyl and derivatives	State jail felony to first-degree felony
Group 2: Some accepted medical uses; high abuse potential (§481.103)	PCP Hashish Psilocin Mescaline	State jail felony to second-degree felony
Group 2A	Synthetic cannabinoids such as K2 and Spice	Class B misdemeanor to second-degree felony
Group 3: Accepted medical uses; lower abuse potential (§481.104)	Valium Xanax Ketamine Ritalin Opiates not listed in Group 1	Class A misdemeanor to second-degree felony
Group 4: (§481.105)	All opiates and opioids not listed in the other groups and other prescription drugs	Class B misdemeanor to second-degree felony

Source: Texas Health and Safety Code Chapter 481

Potential Penalties

First-degree felony: 5–99 years (or life) in prison, up to $250,000 fine
Second-degree felony: 2–20 years, up to $10,000 fine
Third-degree felony: 2–10 years, up to $10,000 fine
State jail felony: 180 days–2 years, up to $10,000 fine
Class A misdemeanor: Up to 1 year in jail, $4,000 fine
Class B misdemeanor: Up to 180 days in jail, $2,000 fine
Class C misdemeanor: Fine up to $500

Legal Defenses to Drug Charges

We start every case by examining whether your arrest was lawful. Were your rights violated? Was there probable cause? Was evidence obtained through an illegal search? Was the substance truly in your possession?

Common strategies include:

What were the circumstances?
Did police have probable cause for a traffic stop?
Which drugs were found?
Did police officers follow the appropriate procedures during your arrest?
Were illegal search and seizure protocols used?
Are you accused of having actual possession of the substance?
Are there inaccuracies in the police report?
Do you already have a history of drug-related activity?
Did police find drug paraphernalia?

We Know What’s at Stake

At Michael & Associates, we understand that a drug conviction can affect your future for years to come—employment, housing, education, custody, immigration status, and more.

One mistake shouldn’t define your life.

Our team brings compassion and a commitment to real outcomes. Whether it’s securing a case dismissal, negotiating for pretrial diversion, or fighting in court, we work tirelessly to protect your future.

Real Case. Real Results.

For example, one of our recent cases involved a college student who was caught with a small amount of marijuana.

Our client – a dean’s list student – could have faced serious repercussions, including a criminal record for life. We negotiated a deal with prosecutors that got the case dismissed upfront so that there is no active case or conviction on the record. As long as the client does not violate the law, the state will not refile the case.

This is our ultimate goal for every single client: no jail. No record. No future consequences.

Drug Counseling Resources in Dallas

If you’re struggling with addiction, you don’t have to face it alone. These local programs offer counseling and treatment options:

Nexus Recovery Center
8733 La Prada Dr, Dallas, TX 75228
(214) 321-0156
https://nexusrecovery.org/

Dallas Behavioral Healthcare Hospital
800 Kirnwood Dr, DeSoto, TX 75115
(972) 982-0897
https://www.dallasbehavioral.com/

Recovery Resource Council
2700 Airport Fwy, Fort Worth, TX 76111 (serves Dallas and surrounding)
(817) 332-6329
https://recoverycouncil.org/

Phoenix House Texas – Dallas Outpatient
2345 Reagan St, Dallas, TX 75219
(844) 748-3927
https://www.phoenixhouse.org/locations/texas/

Texas Department of Health and Human Services
Search for licensed providers in the Dallas area:
https://www.hhs.texas.gov

Frequently Asked Questions about Drug Crimes in Dallas

Are There Any Paths to Dismissal of Drug Possession Charges?

Yes, we can attempt to get drug possession charges dismissed in several ways. We can get you enrolled in a pretrial diversion program. First-time offenders who successfully complete a pretrial diversion program will have their charges dismissed and may later be eligible to have their record sealed or expunged.

Requirements could include:

Participation in drug education classes
Agreeing to complete random drug testing
Community service
Participation in counseling or treatment

What Is the Difference Between Actual and Constructive Possession?

Active possession means someone has direct physical control over the drugs in question. You’re knowingly carrying or holding the substance. For example, if drugs are found in your pocket, backpack, or hand, it would be considered active possession.

Constructive possession means the drugs are not physically on you, but you still have the power and intent to control them. Prosecutors must be able to prove that you knew the drugs were present and that you had control (or the right to control) of the location or container where they were found. For example, if drugs are found in your car, home, or locker, and the evidence shows you knew they were there and had access to them, you could be charged under constructive possession.
In Texas, either type of possession can result in criminal charges.

What Should I Do If I’m Arrested for Drug Possession in Dallas?

If you’re arrested for drug possession in Dallas County, you need to take steps to protect yourself immediately. Contact an attorney as soon as possible. In the meantime, exercise your right to remain silent. Don’t answer police questions – no matter how innocuous they may seem – until your attorney is present. Don’t try to handle the situation on your own.

How Does a Drug Possession Conviction Affect My Life?

Any drug possession conviction could potentially impact many aspects of your personal life. It leaves you with a permanent criminal record that shows up on background checks. This can make it tougher to get hired, particularly in fields that require licenses or security clearance. You may lose eligibility for certain professional licenses, federal jobs, or financial aid for education. Landlords may deny rental applications, and public housing programs often restrict access for individuals with drug convictions. You could also lose child custody or visitation rights.

Beyond employment and housing, a conviction can lead to a suspension of your driver’s license and the loss of gun rights, especially in felony cases, where federal law imposes a lifetime firearm ban. It can also affect your right to vote or serve on a jury during and shortly after your sentence. If you aren’t a U.S. citizen, a conviction can carry severe immigration consequences, including deportation or denial of citizenship.

Can I Have a Drug Possession Charge Expunged in Texas?

While Texas offers a few options for record sealing or expungement, they are limited and typically not available to those with a felony conviction. However, completing a pretrial diversion program could help avoid a conviction entirely.

More Dallas County Resources

How to find an inmate

What happens after you’re arrested?

How to get someone out of jail

How much is bail in Dallas County?

Dallas County warrant search: How to see if you have one

How to visit an inmate in Dallas County

Call for free case review

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

Michael&Associates

Compassionate Dallas Marijuana and Drug Crimes Lawyer