Felony Drug Possession

Felony Drug Possession
Felony Drug Possession

Most drug possession cases are misdemeanor offenses, but some cases will result in felony charges. A person needs to know that a felony drug possession face is immediately taken far more seriously by a prosecutor.

When you are accused of a felony drug possession crime in Dallas, you are seeking a far longer prison sentence and much steeper fines. Texas divides drugs into Penalty Groups, and the particular Penalty Group a drug is classified in often dictates the severity of the criminal charges in these cases although the amount of the drug is also an important factor.


Dallas Felony Drug Possession Attorney

Were you or your loved one arrested for any kind of felony drug possession offense in the greater Dallas area? Do not wait to contact the Law Offices of Richard C. McConathy.

Our firm can fight to possibly get your criminal charges reduced or dismissed. You can have us explore all of your legal options when you call (940) 222-8004 or contact us online to set up a free consultation.

Texas Drug Penalty Groups

Drugs into the following penalty groups under the Texas Controlled Substances Act:

  • Penalty Group 1, Texas Health and Safety Code § 481.112 — Gamma-Hydroxybutyric Acid [GHB], Oxycodone, Cocaine, Methamphetamine, Hydrocodone, Heroin, and other opiates
  • Penalty Group 1-A, Texas Health and Safety Code § 481.1121 — Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds
  • Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113 — Methaqualone, Psilocybin [mushrooms], Amphetamine, 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], and other hallucinogens
  • Penalty Group 3 or 4, Texas Health and Safety Code § 481.114 — Pentobarbital, Halazepam, Diazepam, Zolpidem, Medazepam, Ketazolam, Clorazepate, Alprazolam, Fludiazepam, Lorazepam, Lysergic acid, including its salts, isomers, and salts of isomers, Secobarbital, Clonazepam, Flurazepam, and Tetrazepam.

Felony Drug Possession Penalties in Dallas County

All of the following are state jail felony offenses punishable by a fine of up to $10,000 and/or up to two years in state jail:

  • Possession of less than 1 gram of a controlled substance in Penalty Group 1 or 2
  • Possession with intent to deliver less than 1 gram of a controlled substance in Penalty Group 1 or 2
  • Possession with intent to deliver less than 28 grams of a controlled substance in Penalty Group 3 or 4

Either of the following are a third-degree felony offense punishable by a fine of up to $10,000 and/or up to 10 years in prison:

  • Possession of 1-4 grams of a controlled substance in Penalty Group 1 or 2
  • Possession of 28-200 grams of a controlled substance in Penalty Group 3 or 4

All of the following are second-degree felony offenses punishable by a fine of up to $10,000 and/or up to 20 years in prison:

  • Possession of 4-200 grams of a controlled substance in Penalty Group 1
  • Possession of 4-400 grams of a controlled substance in Penalty Group 2
  • Possession of 200-400 grams of a controlled substance in Penalty Group 3 or 4
  • Possession with intent to deliver 1-4 grams of a controlled substance in Penalty Group 1 or 2
  • Possession with intent to deliver 28-200 grams of a controlled substance in Penalty Group 3 or 4

All of the following are first-degree felony offenses punishable by a fine of up to $10,000 and/or up to 99 years or life in prison:

  • Possession of 200-400 grams of a controlled substance in Penalty Group 1
  • Possession with intent to deliver 4-200 grams of a controlled substance in Penalty Group 1
  • Possession with intent to deliver 4-400 grams of a controlled substance in Penalty Group 2
  • Possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 3 or 4

All of the following are enhanced first-degree felony offenses possibly involving mandatory minimum prison sentences of 10 to 15 years:

  • Possession of 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4
  • Possession of 400 grams or more of a controlled substance in Penalty Group 1
  • Possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 1
  • Possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4
  • Possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 1

Felony Drug Possession Defenses in Dallas

One of the primary defenses in many drug possession cases concerns how police discovered the drugs in question. An illegal search or seizure by authorities can lead to the evidence in the case becoming inadmissible to court.

It is also possible that a person could be charged with a misdemeanor when the actual quantity of drugs involved constitutes a misdemeanor. In cases of alleged “constructive possession,” an alleged offender may be able to argue that they were not the actual owners of drugs.

Dallas Felony Drug Possession Resources

Texas Controlled Substances Act — View the full text of the state law governing drug offenses in Texas. You can view the complete list of drugs classified under all penalty groups. Information about the specific possession offenses can also be found here.

Reclassified: State Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances — A Washington D.C.-based think tank, the Urban Institute carries out economic and social policy research to “open minds, shape decisions, and offer solutions.” Learn more about the policy details of reclassification and the potential impact of recent drug law reforms in this October 2018 brief. The report states that felony convictions “impose a particularly heavy burden on communities of color.”

Law Offices of Richard C. McConathy | Dallas Felony Drug Possession Lawyer

If you or your loved one arrested for alleged felony drug possession in Dallas or a surrounding area of Texas, try not to say anything to authorities until you have legal representation. Make sure your first phone call is to the Law Offices of Richard C. McConathy.

Our firm has experience with all kinds of drug charges and we fight to help people achieve the most favorable outcomes resulting the fewest consequences. Call 972-233-5700 or contact us online to take advantage of a free consultation.