Drug / Narcotics Charges
Drug crimes in Dallas can result in very serious penalties, including jail or prison time, fines, a criminal record, driver’s license suspensions or the loss of driving privileges, an inability to pursue certain professional occupations, and/or a refusal to be admitted to certain college or graduate school programs.
Drug crimes are often punishable as federal offenses, in addition to state offenses. Federal drug crimes generally result in lengthier prison sentences and steeper fines. Therefore, it is essential to hire an experienced criminal defense lawyer in Dallas to help you achieve the lightest possible sentence if you are convicted of a drug crime, or to have your charges reduced or dismissed altogether.
Dallas Drug Defense Lawyer
If you have been accused of a drug crime in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Decatur, Terrell, Weatherford, Sherman, Rockwall, Burleson, Waxahachie, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Attorney Richard McConathy is knowledgeable in all areas of Texas’ drug laws and will make every effort to fight the allegations against you. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your alleged drug offense.
Dallas Drug Charges Information Center
- Dallas Controlled Substance Penalty Groups
- Drug Offenses in Fort Worth
- Penalties in Dallas for Drug Crimes
- Drug Court in Dallas County
- Dallas Resources for Drug Charges
Dallas Controlled Substance Penalty Groups
Under the Texas Controlled Substances Act, controlled substances, including medications, chemicals, medications without prescriptions, prescription pills, street drugs, narcotics, stimulants, hallucinogens, depressants, man-made substances and natural substances are classified into four different penalty groups. According to the Texas Health and Safety Code §§ 481.101 – 105, these penalty groups are used to establish punishments for criminal drug offenses.
- Penalty Group I (PG-1) – Examples of substances in this group include, but are not limited to heroin, methamphetamines, codeine, methadone, morphine, oxycodone, oxycontin, uppers, stimulants, speed, hydrocodone, GHB, the Date Rape Drug, Gamma-hydroxybutyric acid, ketamine, Special K and cocaine.
- Penalty Group I-A (PG-1-A) – The only substance in this group is LSD or Lysergic acid diethylamide.
- Penalty Group II (PG-2) – Examples of substances in this group are Psilocybin, cathinone, magic mushrooms, bath salts, MDMA/ecstasy, and other hallucinogens.
- Penalty Group III (PG-3) – Examples of substances in the group can include Xanax, Valium, Lysergic acid, Zolpidem, Ambien, and drugs containing small amounts of narcotics.
- Penalty Group IV (PG-4) – Examples of substances in this penalty group include substances with limited quantities of narcotics but also contain one or more non-narcotic active medical ingredient.
Drug Offenses in Fort Worth
Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substance Act, defines all drug crimes and punishments throughout Dallas. Some of the most commonly charged controlled substance offenses in Dallas can include any of the following:
- An individual can be charged with possession of a controlled substance (POCS) under sections 481.115 through 481.118 of the Texas Health and Safety Code if they knowingly or intentionally possess a controlled substance without prescription from an individual licenses to practice medicine in the state. Penalties for this offense depend on the amount of the substance in the alleged offender’s possession and the
- According to Texas Health and Safety Code § 481.112, an individual can be charged with possession of drug paraphernalia if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, storing, restoring, containing or concealing a controlled substance, or to introduce the substance into the human body. This offense is punishable as a Class C misdemeanor.
- As defined in sections 481.112 through 481.114 of the Texas Health and Safety Code, an individual can be charged with possession of drugs with the intent to distribute if they knowingly possess any controlled substance listed in Penalty Groups I through IV with the intent to intent to a deliver or distribute the substance. The penalties for this offense can vary, depending on the amount of the substance possessed by the alleged offender and the penalty group the substance is classified in.
- According to sections 481.112 through 481.114 of the Texas Health and Safety Code, and individual can be charged with drug manufacturing if they knowingly manufacture a controlled substance listed in Penalty Groups I through IV. The penalties for this offense can vary depending on the penalty group the substance is classified in and the amount of the substance manufactured.
- An individual can be charged with drug trafficking, according to the Texas Health and Safety Code §§ 481.112 – 481.114, if they knowingly traffic a substance classified in Penalty Groups I through IV. This offense usually involves a large quantity of drugs and a number of controlled substance offenses, such as drug manufacturing, drug delivery or possession of a controlled substance with the intent to a deliver. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under.
Penalties in Dallas for Drug Crimes
Chapter 12 of the Texas Penal Code defines the basic penalties for drug crimes throughout Dallas. However, these penalties can increase, depending on a variety of factors, such as:
- Whether the alleged offender carried a weapon during the commission of the offense;
- Whether the offense involved a child under the age of 18;
- The quantity of the substance;
- What penalty group the substance was classified under;
- Whether the offense caused death or serious bodily injury to another person; and
- Whether the alleged offender has any previous criminal history.
The statutory provided penalties for misdemeanor and felony drug offenses in Texas are as follows:
- A Class B misdemeanor drug conviction can result in a jail sentence up to 180 days and/or a fine not more than $2,000.
- A Class A misdemeanor drug conviction can result in a jail sentence up to one year and/or a fine up to $4,000.
- A state jail felony drug conviction can result in a jail sentence ranging from 180 days to two years and/or a fine not more than $10,000.
- A felony of the third degree drug conviction can result in a prison sentence from two to ten years and/or a fine up to $10,000.
- A felony of the second degree drug conviction can result in a two to 20 year prison sentence and/or a fine not more than $10,000.
- A felony of the first degree drug conviction can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine not more than $10,000.
- A life felony drug conviction can result in five years to 99 years in prison or life imprisonment and/or a fine not more than $250,000.
Drug Court in Dallas County
The Dallas County Drug Court program, also known as DIVERT (Diversion and Expedited Rehabilitation and Treatment) targets alleged felony offenders eligible for pre-trial release that have been charged with the following offenses:
- Possession of a Controlled Substance (less than one gram),
- Possession of Marijuana (more than 4 ounces, but less than five pounds), and
- Obtaining a Controlled Substance by Fraud (Prescription pill fraud or doctor shopping).
Individuals who have allegedly committed a delivery or manufacture of controlled substance offense, DWI offenders, offenders who have a history of assault, and individuals who have committed previous criminal offenses are not eligible for the DIVERT program.
The DIVERT program is generally three phases long and is about 12 to 18 months long. Individuals enrolled in the program go through substance abuse education, participation in education and employment services, in addition to an orientation and stabilization phase, intensive treatment phase, and a transition and graduation phase.
If the alleged offender successfully completes the program, their case will be dismissed. However, if the alleged offender fails to successfully complete the program, their case will be presented for prosecution.
Dallas Resources for Drug Charges
Law Enforcement Action Partnership (formerly Law Enforcement Against Prohibition LEAP) is a nonprofit organization of current and former police, judges and prosecutors advocating for criminal justice and drug policy reform.
Drug Policy Alliance (DPA) – The DPA is national organization that promotes safe alternatives to current drug policy that also upholds each person’s right to have control over their mind and body. The DPA encourages policies that aim to reduce the harms associated with drug use and drug prohibition.
Students for a Sensible Drug Policy (SSDP) – This national organization aims to empower young individuals to participate in the political process and strive for more sensible drug policies, in addition to fighting against fruitless Drug War policies that are more harmful than helpful to students and youth.
SSDP Texas Chapters – University of North Texas Chapter and University of Texas Dallas Chapter
Texas Controlled Substances Act –Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, defines drug offenses and penalties throughout Texas, including drug possession, drug trafficking and possession of drug paraphernalia.
Narcotics Anonymous – Narcotics Anonymous is a national non-profit organization for individuals suffering from drug addiction. Individuals with drug addictions meet and support other individuals suffering from substance abuse issues for treatment and to maintain a sober lifestyle. Individuals seeking an NA meeting in Dallas, Texas can find a location on this website.
Law Offices of Richard C. McConathy | Dallas Drug Crimes Attorney
Contact Law Offices of Richard C. McConathy today for a consultation about your alleged drug offense throughout Dallas County in Texas. Richard McConathy is an experienced criminal defense attorney in Dallas, TX, who will make every effort to help you avoid the most serious penalties and repercussions for your alleged offense.
Call (972) 233-5700 or complete an online form for a consultation about your drug charges throughout Dallas County in Texas and the surrounding counties of Denton County,Wise County, Kaufman County, Parker County, Grayson County, Rockwall County, Johnson County, Ellis County, Collin County and Tarrant County.