Are you facing drug charges in Fort Worth? Michael & Associates has defended countless marijuana and drug possession cases across Tarrant County and the rest of North Texas.

Drug charges in Texas must be taken seriously, and Tarrant County is particularly strict when it comes to drug enforcement. 

You may be tempted to plead guilty just to make the charges go away. This would be a mistake. You need an experienced defense attorney who knows the key players in the Fort Worth area. One who will negotiate hard to get you the best possible case outcome – someone who will do everything possible to avoid serious repercussions.

Common Drug Charges in Fort Worth, Texas

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

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

The penalties range from a Class C misdemeanor charge with a $500 fine all the way to an enhanced felony that carries a maximum of life in prison. The amount of the substance in your possession will be a key factor in determining the charges you face.

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

Marijuana Possession 

This is one of the most common charges we see because local laws are inconsistent.

Even geography can be a factor: If you’re caught with less than four ounces of weed in Tarrant County, you’ll likely be arrested and charged with possession. However, if you’re nabbed a few miles away 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). 

Plus, some Texas cities have approved ballot measures to allow possession of less than four ounces of marijuana. This includes Austin, Denton, Killeen, San Marcos, and Elgin. Dallas is also considering a ballot measure, and an effort to legalize recreational marijuana in Lubbock failed in May 2024. 

And though marijuana possession is still illegal in Texas, low-dose hemp-derived products are legal (Delta 9 THC is one example). This distinction confuses many Texans because both are derived from cannabis plants. 

Further complicating matters, “marijuana” possession applies only to buds, plants, and flowers. If you’re caught with vape pens, gummies, tinctures, edibles, mints, beverages, and other products, you may face different penalties because these are classified as “controlled substances,” which we’ll explain in a moment. 

Even police officers aren’t always clear about the laws. There isn’t a visible difference between legal hemp joints and illegal marijuana ones. 

In the first five months of 2022 (the most recent available data), an average of 1,745 marijuana possession cases were filed each month, according to statistics from the Texas Office of Court Administration.

Penalties depend on the amount of marijuana found in your possession:

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

Statistics: Marijuana Possession in Fort Worth

Most marijuana possession cases in Tarrant County in 2023 ended in dismissal.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of a Controlled Substance

“Possession” means that a legally controlled substance is in your “actual care, custody, control or management.” The charge you’ll face will be determined by the amount of the substance in your possession. In Texas, controlled substances are classified by group, which we will explore shortly. 

If a prosecutor can present evidence that you possessed the substance, it is often enough for a conviction.

As previously mentioned, edible cannabis products are not classified as marijuana. Instead, they are considered controlled substances, though low-dose THC products are legal. However, It’s difficult to determine through field testing whether mints or gummies, for example, are below the legal dosage. This means you can – and probably will – be arrested if you’re busted with what you believe is a legal product.

If you’re carrying any legal THC products, don’t take any unnecessary risks. Keep them in a secure location in your vehicle (like the trunk, for example) where they are not visible. 

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

The penalties you face will depend on how the state classified the substance in your possession. Charges range from a Class B misdemeanor up to an enhanced felony charge, which carries a maximum sentence of life in prison.

Statistics: Drug Possession in Fort Worth

Most drug possession cases in Tarrant County in 2023 ended with guilty pleas.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of Drug Paraphernalia

In Texas, it is a crime to deliver, use, or own drug paraphernalia. “Drug paraphernalia” is defined in Texas Health and Safety Code § 481.002 as equipment, products, or materials that are used to plant, cultivate, produce, process, manufacture, package, store, or conceal a controlled substance.

Examples include roach clips, rolling papers, syringes, dilutants, balloons, grinders, baggies, pipes, blenders, bongs, bowls, capsules, 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 a controlled substance.

The state’s Health and Safety Code Section 481.119 defines this as manufacturing, delivering, or possessing a controlled substance intending to deliver it.

Penalties 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 Fort Worth

Most drug manufacture or delivery cases in Tarrant County in 2023 resulted in a guilty plea.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Other Drug Charges in Fort Worth

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

• Delivering drug paraphernalia
• Using a child to commit a drug crime
• Delivering drugs to a minor
• Possessing or delivering drugs in a drug-free zone
• Illegal possession of prescription drugs
• Possessing drugs with the intent to distribute them

A drug conviction will stay on your criminal record for life. If you’re facing any of these charges, contact us immediately. We can start building your defense right away.

Classification of Controlled Substances in Texas

Drug possession penalties will vary significantly depending on the substance and the amount. The Texas Controlled Substances Act assigns each controlled substance into one of four groups (and subgroups). Texas Health and Safety Code sections 481.101 –  481.118 state that it’s illegal to possess these drugs unless you have a legitimate prescription from a licensed medical professional. We recommend keeping your prescription medications in the pharmacy’s original packaging if you need to transport them.

The minimum charge is a Class C misdemeanor, which is 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 $300,000

Here are the classifications and penalties:

Group 1

Group I controlled substances are defined by the Drug Enforcement Agency as drugs with a high potential for abuse and no currently accepted medical use.

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

Section 481.115 of the Texas Health and Safety Code sets the following 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 needles, bottle caps, or hollowed-out pens, you’ll face a fine of up to $500. 

Group 1-A

Group 1-A substances are classified into a separate subgroup due to their chemical structure and the nature of their abuse. Group 1-A 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

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

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

Section 481.116 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 2-A

Group 2-A consists primarily of synthetic cannabinoids (K2 and Spice, for example). Penalties are as follows:

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

Groups 3 and 4

Group 3 includes common prescription drugs with a lower potential for abuse than those in Groups 1 and 2 but can still lead to psychological or physical dependence.

Examples include Anabolic steroids, Benzphetamine, Clonazepam, Ketamine, Valium, Ritalin, Xanax, Hydrocodone (under 300 mg), Methylphenidate, Secobarbital, 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 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

Critical Factors in a Drug Possession Case in Fort Worth

We are not here to pass judgment. If you’re facing drug charges, it’s critical that you’re completely honest with your attorney. Your case will hinge on several factors, and we need the most accurate information to craft the best possible defense. We need you to disclose:

• Previous criminal history
• The type of drug(s) involved
• The amount of drugs found in your possession

If you’re convicted of possessing a single joint, it will be classified as a Class B misdemeanor, and you could end up in jail for up to 180 days, cost you as much as $2,000 in fines, and jeopardize your driving privileges. It will also remain on your criminal record even when dismissed, derailing some career prospects and even making it more difficult to rent an apartment. 

We need to start building your defense as soon as possible after an arrest.

Potential Drug Defenses in Fort Worth

More than 80% of our drug cases start with a routine traffic stop. If police stop you – no matter what the reason is – and find drugs in the car, the law says they are yours (even if you didn’t know they were there). It’s tough to prove otherwise. 

Most of our defense strategy will involve challenging the validity of the traffic stop or whatever type of search was used when the drugs were found.  

We can do this by examining:

• What were the circumstances behind your arrest?
• 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 valid prescription that was not with you at the time), we will explore that as well.

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

Tough Negotiators – With Compassion

We believe that everyone is entitled to the best possible defense. Our clients aren’t just names on a contract – we understand that everyone makes mistakes and shouldn’t spend the rest of their lives paying for one incident. We will fight for the best possible outcome for each person. 

We work aggressively to negotiate deals with reduced penalties.

For example, a recent case involved a college student caught with a small amount of marijuana.

Our client was a dean’s list student who would have faced serious repercussions if convicted, including a criminal record for life.

We negotiated a deal with prosecutors to get the case dismissed upfront (so that there is no active case or conviction on the record). If the client does not violate the law again, the state will not refile the case. 

This is our ultimate outcome for every client: no probation, no conviction, and no lifelong stigma for a single mistake.

Contact us today to set up a free consultation.