Have you been charged with drug possession in Dallas County? Michael & Associates has defended countless marijuana and drug possession charges across North Texas.

If you’re facing any type of drug charges in Dallas County, they need to be taken seriously. If you’re convicted, the penalties are costly, and you could be dealing with ramifications for the rest of your life.

You might be tempted to plead guilty just to make the charges go away. But this would be a mistake. You need an experienced defense attorney who knows the key players in the Dallas area and will negotiate hard to get you an optimal case outcome. One who will do everything within his or her power to avoid serious repercussions.

Common Drug Charges in Dallas, Texas

How we will approach your case depends on the charge you’re facing. The four most common charges in Dallas are:

• Marijuana possession
• Possession of a controlled substance
• Possession of drug paraphernalia
• Manufacture and delivery of controlled substances

The substance involved and the amount in your possession are also key factors. Penalties range from a Class C misdemeanor with a $500 fine all the way to an enhanced felony that carries a maximum sentence of life in prison. 

Here’s a closer look at each of the charges:

Marijuana Possession 

Local laws on marijuana possession are inconsistent and confusing, making this one of the most common charges we see. 

Pot policies vary across the state. Dallas is considering a ballot measure to legalize weed in small amounts. In 2022, Austin voters approved a proposition to allow the possession of four ounces or less of marijuana. Other Texas cities have also approved measures, including Denton, Killeen, Elgin, and San Marcos. An effort in Lubbock failed in May 2024. 

And although marijuana possession is illegal in Texas, low-dose hemp-based products are legal (Delta 9 THC is one example). This distinction confuses a lot of Texans because both forms are derived from the same cannabis plants.

Complicating matters further, marijuana possession applies only to flowers, buds, and plants. Vape pens, edibles, tinctures, and other products are classified as “controlled substances,” which we’ll explain in a moment. These have different penalties.

Even geography has an impact: If you’re caught with less than four oz. of weed in Dallas County, you won’t be taken to jail due to a cite and release program. Instead, you’ll be fingerprinted and will get a court summons (though the charges you’ll face will remain the same). However, if you’re caught with less than 4 ounces just a few miles away in Collin County, you will more than likely be arrested and charged with possession. 

Statistics from the Texas Office of Court Administration show that From January through May 2022, an average of 1,745 marijuana possession cases were filed per month.

Penalties depend on the amount in your possession:

Amount	Charge	Maximum jail time	Maximum fine
Two oz. or less	Class B misdemeanor	180 days	$2,000
Two to less than four oz.	Class A misdemeanor	A year	$4,000
Four oz. to less than five pounds	State jail felony	Two years	$10,000
Five pounds to less than 50 pounds	Third-degree felony	Ten years	$10,000
Fifty to less than 2,000 pounds	Second-degree felony	20 years	$10,000
More than 2,000 pounds	First-degree felony	99 years	$50,000

Statistics: Marijuana Possession in Dallas

Most marijuana possession cases in Dallas County were dismissed in 2023.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of a Controlled Substance

“Possession” means that a drug is in your “actual care, custody, control or management.” The specific drug will determine the severity of the charge.

Possessing fentanyl or methamphetamine will be penalized more seriously than if you’re found with Xanax or Ritalin. That’s because Texas classifies controlled substances by group based on perceived danger and potential for addiction. We will explore this in a bit.

Legal cannabis products add to the confusion. As we mentioned, “marijuana possession” in Texas applies only to the actual weed. Edibles, tinctures, vape pens, and other products are classified as Group 2 controlled substances, meaning you’ll face a more serious drug possession charge.

Many of our clients were arrested and had their legal hemp products seized. If this happens, contact us immediately. 

The penalties you’ll face depend on the drug in your possession and how it has been classified. Charges range from a Class B misdemeanor all the way up to an enhanced felony, which carries a maximum sentence of life in prison.

Statistics: Drug Possession in Dallas

Deferred adjudication was the most common outcome of drug possession charges in Dallas County in 2023.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of Drug Paraphernalia

It is a crime to own, use, or deliver drug paraphernalia in Texas. Texas Health and Safety Code § 481.002(17) defines “drug paraphernalia” as materials, products, or equipment used to plant, manufacture, produce, cultivate, process, package, store, or conceal a controlled substance.

Examples include bongs, baggies, balloons, blenders, bowls, capsules, pipes, grinders, rolling papers, roach clips, syringes, and sifters.

Penalty: Possessing or using drug paraphernalia is a Class C misdemeanor punishable by a fine of up to $500.

Manufacture or Delivery of Controlled Substances

It’s also illegal to manufacture or deliver controlled substances in Texas.

Health and Safety Code Section 481.119 defines this as knowingly possessing or manufacturing a controlled substance with intent to deliver it.

Penalties can range from Class A misdemeanor to felony charges, depending on the substance involved, its classification, and whether someone has a history of prior convictions.

Statistics: Manufacture or Delivery in Dallas

Deferred adjudication was the most common outcome for drug manufacture or delivery cases in Dallas County in 2023.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Other Dallas, Texas Drug Charges 

There are also a few less-common charges, including:

• Delivery of drugs to a minor
• Delivery of drug paraphernalia
• Possession or delivery of drugs in a drug-free zone
• Prescription drug charges
• Possession with intent to distribute
• Use of a child to commit a drug crime

A drug conviction will be on your criminal record for life. If you’re facing any of these charges, contact us immediately so we can start crafting your defense.

Classification of Controlled Substances in Texas

The Texas Controlled Substances Act assigns each controlled substance into one of four groups in the Texas Health and Safety Code sections 481.101 –  481.118. It’s illegal to possess these drugs without a prescription from a licensed medical professional. 

Penalties for illegal drug possession vary based on the substance and the amount. 

The minimum charge is a Class C misdemeanor, punishable by a fine of up to $500. However, charges can be as severe as a first-degree felony, with a maximum penalty of:

• A prison sentence ranging anywhere from five to 99 years
• A fine of between $50,000 to $250,000

Here are the classifications and penalties:

Group 1

The Drug Enforcement Agency defines Group 1 controlled substances as drugs that do not have acceptable medical use and have a high potential for abuse. 

Examples include Cocaine, Codeine, Heroin, Hydrocodone (over 300 mg), Opium, Oxycodone, Methadone, Methaqualone, Methamphetamines (Meth), or Methylenedioxymethamphetamine (MDMA or Ecstasy).

Section 481.115 of the Texas Health and Safety Code specifies penalties based on substance and weight: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000
400 grams or more	“Enhanced” first-degree felony	Life	$300,000

If you possess paraphernalia associated with meth, including bottle caps, needles, or hollowed-out pens, you’ll face a fine of up to $500. 

Group 1-A

Group 1-A substances are classified separately due to their chemical structure and the nature of their abuse. The category primarily includes LSD and other hallucinogens measured by dosage units.

Section 481.1151 of the Texas Health and Safety Code sets the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Group 1-B

In Texas, fentanyl possession is considered such a problem that it was recently assigned its own category. In addition, if you’re caught manufacturing or supplying fentanyl, you could end up facing murder charges. Penalties for fentanyl possession are: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000

Group 2

Controlled substances in Group 2 include many hallucinogens and other substances that have some acceptable medical uses but also a high potential for abuse. 

Examples include Dimethyltryptamine (DMT), Dronabinol (synthetic THC), Hashish, Mescaline, Ecstasy (MDMA), PCP (Phencyclidine), Psilocybin, and Psilocin (found in psychedelic mushrooms)

Section 481.116 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
At least one gram but less than four grams	Third-degree felony	Ten years	$10,000
Between four grams and less than 400 grams	Second-degree felony	20 years	$10,000
More than 400 grams	First-degree felony	Life	$50,000

Group 2-A

These are primarily synthetic cannabinoids (K2 and Spice, for example). Penalties are as follows:

Amount	Charge	Maximum jail time	Maximum fine
Less than two ounces	Class B misdemeanor	180 days	$2,000
Two to less than four oz.	Class A misdemeanor	A year	$4,000
Four oz. to less than five pounds	State jail felony	Two years	$10,000
Five pounds to less than 50 pounds	Third-degree felony	Ten years	$10,000
Fifty to less than 2,000 pounds	Second-degree felony	20 years	$10,000
More than 2,000 pounds	First-degree felony	99 years	$50,000

Groups 3 and 4

Group 3 controlled substances are common prescription drugs that have a lower potential for abuse than those in Groups 1 and 2 but can still lead to physical or psychological dependence.

Examples include Anabolic steroids, Benzphetamine, Clonazepam, Hydrocodone (under 300 mg), Ketamine, Methylphenidate, Ritalin, Secobarbital, Valium, Xanax, and Opiates not listed in Group 1. Group 4 includes all opiates and opioids that are not included in groups 1 or 3. It also includes various prescription medications that could potentially be abused.

Section 481.117 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 28 grams:	Class A misdemeanor	A year	$4,000
Between 28 to less than 200 grams	Third-degree felony	Ten years	$10,000
Between 200 to less than 400 grams	Second-degree felony	20 years	$10,000
More than 400 grams	First-degree felony	Life	$50,000

Critical Factors in a Drug Possession Case in Dallas

We are not here to pass judgment on you. Whenever you’re facing drug charges, you must be completely honest with your attorney. Your case outcome hinges on several factors, and we can only craft the best possible defense for you if we have the most accurate information. You need to disclose:

• Previous criminal history
• Type of drug involved
• The amount of drugs in your possession

If you’re found in possession of a single joint, you could be charged with a Class B misdemeanor that could land you in jail for up to 180 days and cost up to $2,000 in fines. In addition, you could have your driver’s license suspended. A conviction will remain on your criminal record even when dismissed, which means it could harm your career prospects or make it more challenging to rent an apartment. 

Call us as soon as possible after your arrest.

Potential Drug Defenses in Dallas

More than 80% of Michael & Associates’ drug cases start with a traffic stop. If police stop you – whatever the reason – and find drugs in the car, the law says they are yours (even if you didn’t know they were there), and it’s tough to prove otherwise. 

This means that most of our defense strategy will involve challenging how the drugs were found.  

We can do this by examining:

• What were the circumstances behind your arrest?
• Was there probable cause for a traffic stop?
• Which drugs were seized?
• Did police officers use the correct procedures during your arrest?
• Do you already have a criminal history of drug-related activity?
• Is the police report accurate?
• Did police find drug paraphernalia?
• Were the search-and-seizure actions legal?

If you were carrying legal drugs (or have a prescription that was not with you at the time of your arrest), we will explore that as well.

We can also create a “good guy/gal packet,” which is a compilation of documents that highlight your positive actions, including work history, completion of drug awareness classes, lack of criminal history, volunteerism, and evidence of remorse. The goal is to persuade prosecutors to be lenient and convince judges that you aren’t likely to be a repeat offender.

Tough Negotiators – With Compassion

At Michael & Associates, we believe that everyone is entitled to a zealous defense. Our clients aren’t just names on a contract – we understand that people make mistakes and will fight for the best possible outcome for each person. 

We will work aggressively to negotiate deals with reduced penalties.

For example, one of our recent cases involved a college student who was caught with a small amount of marijuana. The client was a dean’s list student who could have faced life-long repercussions – including a criminal record for life.

We negotiated a deal with prosecutors to have the case dismissed upfront so there is no active case or conviction on the client’s record. As long as that client does not violate the law again, the state will not refile the case. 

Our goal for each client is no probation, conviction, or lifelong consequences for a one-time mistake.

Contact us today to set up a free consultation.