(972) 233-5700 (office)

(888) 978-2756 (toll-free)

15110 N. Dallas Pkwy, #400
Dallas, TX  75248

primary location

With a 91% success rate on cases announced for trial since 2002, our attorneys are prepared to fight hard in your name.

Contact Our Offices

Schedule Your Free Consultation

*Free consultation applies only for active criminal cases seeking to retain the office

Possession of a Controlled Substance

A conviction for drug possession, or possession of a controlled substance (POCS), in Dallas can result in serious penalties, including jail or prison time, fines, a criminal record, an inability to pursue certain jobs or professions, and/or a driver’s license suspension or loss of driving privileges.

Often, law enforcement officers in Texas will attempt to charge alleged offenders with more serious drug offenses if they are caught with a controlled substance in their possession, including possession with intent to sell or drug trafficking.

If you have been charged with a drug possession offense in Texas, it is important to contact an experienced Dallas criminal defense attorney to begin crafting your best legal strategy.

Dallas Possession of a Controlled Substance Attorney

If you have been arrested and charged for possession of a controlled substance in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, 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 defense 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 possession offense.


Possession of a Controlled Substance in Texas

According to sections 481.115 through 481.118 of the Texas Health and Safety Code, an individual can be charged with possession of a controlled substance, narcotics or drugs if they knowingly or intentionally possess substances found in Penalty Groups I through IV without a valid prescription from a person licensed to practice medicine.

The penalties for possession of a controlled substance in Dallas depend on the penalty group the substance is categorized in and the amount of the substance or drug.


Back to top

Drug Penalty Groups in Texas

The Texas Controlled Substances Act places various controlled substances, medications, chemicals, prescription pills, street drugs, narcotics, stimulants, depressants, man-made substances and natural substances into four different penalty groups under sections 481.101 – 105 of the Texas Health and Safety Code, which 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, hydrocodone and cocaine.
  • Penalty Group II (PG-2) – Examples of substances in this group are Psilocybin, MDMA (ecstasy), and hallucinogens.
  • Penalty Group III (PG-3) – Examples of substances in the group can include Xanax, Valium, Lysergic acid (LSD) and drugs containing small amounts of narcotics.
  • Penalty Group IV (PG-4) – Examples of substances in this penalty group can include substances with limited quantities of narcotics, but also contain one or more non-narcotic active medical ingredient.

Back to top

Dallas Penalties for Drug Possession in Penalty Group I

According to Tex. Health and Safety Code § 481.115, the following list defines the penalties for drug possession in Penalty Group I in Dallas:

  • An individual can be charged with a state jail felony drug possession offense if the amount of the substance in their possession is less than one gram. A conviction for this offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
  • An individual can be charged with a felony of the third degree drug possession offense if the amount of the substance in their possession is more than one gram but less than four grams. A conviction for this offense can result in a prison sentence ranging from two to ten years and/or a fine not more than $10,000.
  • An individual can be charged with a felony of the second degree drug possession offense if the amount of the substance in their possession is more than four grams but less than 200 grams. A conviction for this offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
  • An individual can be charged with a felony of the first degree drug possession offense if the amount of the substance in their possession is 200 grams or more but less than 400 grams. A conviction for this offense can lead to imprisonment from five to 99 years and/or a fine not more than $10,000.
  • An individual with 400 grams or more of a substance in their possession can receive ten to 99 years in prison and/or a fine up to $100,000.

Back to top

Penalties for Possession of Substances in Penalty Group II in Dallas

According to Tex. Health and Safety Code § 481.116, the following list defines the penalties for drug possession in Penalty Group II in Dallas:

  • An individual can be charged with a state jail felony drug possession offense if the amount of the substance in their possession is less than one gram. A conviction for this offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
  • An individual can be charged with a felony of the third degree drug possession offense if the amount of the substance in their possession is more than one gram but less than four grams. A conviction for this offense can result in a prison sentence ranging from two to ten years and/or a fine not more than $10,000.
  • An individual can be charged with a felony of the second degree drug possession offense if the amount of the substance in their possession is more than four grams but less than 400 grams. A conviction for this offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
  • An individual with 400 grams or more of a substance in their possession can receive five to 99 years in prison and/or a fine up to $50,000.

Back to top

Drug Possession Penalties for Penalty Group III in Dallas

According to Tex. Health and Safety Code § 481.117, the following list defines the penalties for drug possession in Penalty Group III in Dallas:

  • An individual can be charged with a Class A misdemeanor drug possession offense if the amount of the substance in their possession is less than 28 grams. A conviction for this offense can result in a jail sentence of up to one year and/or a fine not more than $4,000.
  • An individual can be charged with a felony of the third degree drug possession offense if the amount of the substance in their possession is at least 28 grams but less than 200 grams. A conviction for this offense can result in two to ten years in prison and/or a fine up to $10,000.
  • An individual can be charged with a felony of the second degree drug possession offense if the amount of the substance in their possession 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence ranging from two to 20 years and/or a fine not more than $10,000.
  • An individual in possession of 400 grams or more of a substance can receive a term of five to 99 years in prison and/or a fine up to $50,000.

Back to top

Dallas Penalties for Possession of Controlled Substances in Penalty Group IV

According to Tex. Health and Safety Code § 481.118, the following list defines the penalties for drug possession in Penalty Group IV in Dallas:

  • An individual can be charged with a Class A misdemeanor drug possession offense if the amount of the substance in their possession is less than 28 grams. A conviction for this offense can result in a jail sentence up to 180 days and/or a fine not more than $2,000.
  • An individual can be charged with a felony of the third degree drug possession offense if the amount of the substance in their possession is 28 grams or more but less than 200 grams. A conviction for this offense can result in imprisonment from two to ten years and/or a fine not more than $10,000.
  • An individual can be charged with a felony of the second degree drug possession offense if the amount of the substance in their possession is 200 grams or more, but less than 400 grams. A conviction for this offense can result in a prison sentence ranging from of two to 20 years and/or a fine not more than $10,000.
  • An individual in possession of 400 grams or more of a substance can receive a term of five to 99 years in prison and/or a fine up to $50,000.

Back to top

Law Offices of Richard C. McConathy | Fort Worth Drug Possession Attorney

Contact Law Offices of Richard C. McConathy today for a consultation about your alleged possession of a controlled substance offense throughout Dallas County in Texas. Richard McConathy is an experienced criminal defense lawyer in Dallas who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.

Call (972) 233-5700 or submit an online form for a consultation about your drug possession allegations throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.


Back to top

Client Reviews & Testimonials

Read More Client Testimonials