Dallas is an area of Texas known for being a big city, so major drug busts are common in and around Dallas. There has been no shortage of news relating to drug crimes in the Dallas area over the past month.
WFAA-TV reported on November 29, 2022, that a Dallas man was facing up to life in federal prison on drug trafficking charges and being responsible for an overdose death. United States Department of Justice (DOJ) officials said that a 37-year-old alleged offender was indicted for four charges including conspiracy to distribute fentanyl, heroin, and methamphetamine, and possession of a firearm in furtherance of narcotics trafficking.
The alleged offender was arrested after multiple police departments started investigating Dallas-based drug traffickers selling fentanyl and fentanyl-laced heroin. Dallas police and the Collin County Sheriff’s Office teamed up with a North Texas branch of the Organized Crime Drug Enforcement Task Force in September, and Dallas police previously executed a search warrant on a trap house in which they found, “kilograms of methamphetamine, a half kilogram of raw powdered fentanyl, firearms, and body armor.”
The alleged offender was named as a possible source for fentanyl and heroin. He is also accused of being responsible for an overdose death in Collin County.
KRIV-TV reported a week before that an Albuquerque mother who allegedly concealed a deadly dose of fentanyl inside her children’s luggage was charged with a federal drug crime. A 46-year-old woman was indicted for the distribution of a controlled substance resulting in death.
The woman allegedly gave her boyfriend the fentanyl that killed him, as she allegedly put her boys on a flight from Albuquerque to Texas’s Dallas Love Field Airport to visit their dad. Surveillance video showed that the father picked up the boys from the gate, rifled through their luggage, and then entered the airport restroom, overdosing a few minutes later and dying in a restroom stall.
KTVT-TV reported on November 18, 2022, that 18 people were arrested and charged with federal methamphetamine and gun crimes with many facing up to life in prison. United States Attorney for the Northern District of Texas Chad Meacham said that 12 of the 18 alleged offenders were arrested in a “large-scale” operation in Levelland, Texas on November 16, 2022 and the other six people were already in state custody.
Types of Drug Charges in Dallas
People need to understand that not all drug crimes are the same. Some people may only face misdemeanor charges while many others will be facing felonies that involve far steeper penalties.
Texas has multiple drug penalty groups, so the first factor in determining drug possession charges is the type of drug involved and then the quantity of that drug. In general, drug charges work as follows in Texas:
Penalty Group 1: Cocaine, Heroin, Methamphetamine (meth), Codeine, Crystal meth, Hallucinogens, Hydrocodone, Ketamine, Mescaline, Oxycodone, Psilocybin or magic mushrooms
- Less than one gram — State jail felony punishable by fine of up to $10,000 and up to two years in jail
- Between one and four grams — Third-degree felony punishable by fine of up to $10,000 and up to 10 years in prison
- Between four and 200 grams — Second-degree felony punishable by fine of up to $10,000 and up to 20 years in prison
- Between 200 and 400 grams — First-degree felony punishable by fine of up to $10,000 and up to 99 years or life in prison
- 400 grams or more — First-degree felony punishable by fine of up to $100,000 and up to 99 years or life in prison
Penalty Group 1-A: Lysergic acid (LSD)
- Fewer than 20 units — State jail felony punishable by fine of up to $10,000 and up to two years in jail
- 20 to 80 units — Third-degree felony punishable by fine of up to $10,000 and up to 10 years in prison
- 80 to 4,000 units — Second-degree felony punishable by fine of up to $10,000 and up to 20 years in prison
- 4,000 or more units — First-degree felony punishable by fine of up to $250,000 and up to 99 years or life in prison
Penalty Group 2: Ecstasy, 3,4-Methylenedioxymethamphetamine (MDMA), Hashish, Phencyclidine or phenylcyclohexyl piperidine (PCP), Mushrooms, and Psilocybin
- Less than one gram — State jail felony punishable by fine of up to $10,000 and up to two years in jail
- Between one and four grams — Third-degree felony punishable by fine of up to $10,000 and up to 10 years in prison
- Between four and 400 grams — Second-degree felony punishable by fine of up to $10,000 and up to 20 years in prison
- 400 grams or more — First-degree felony punishable by fine of up to $100,000 and up to 99 years or life in prison
Penalty Group 3: Anabolic steroids, Xanax, Lorazepam, Benzodiazepines, Methylphenidate or Ritalin, Valium, Opioids not listed in Group 1
- Less than 28 grams — Class A misdemeanor punishable by fine of up to $4,000 and up to one year in jail
- 28 to 200 grams — Third-degree felony punishable by fine of up to $10,000 and up to 10 years in prison
- 200 to 400 grams — Second-degree felony punishable by fine of up to $10,000 and up to 20 years in prison
- 400 grams or more — First-degree felony punishable by fine of up to $50,000 and up to 99 years or life in prison
Penalty Group 4: Compounds with small amounts of codeine or opium
- Less than 28 grams — Class B misdemeanor punishable by fine of up to $2,000 and up to 180 days in jail
- 28 to 200 grams — Third-degree felony punishable by fine of up to $10,000 and up to 10 years in prison
- 200 to 400 grams — Second-degree felony punishable by fine of up to $10,000 and up to 20 years in prison
- 400 grams or more — First-degree felony punishable by fine of up to $50,000 and up to 99 years or life in prison
The Texas Controlled Substances Act establishes that the term delivers means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. This definition includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.
Dispense is defined as the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner, to an ultimate user or research subject. It includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.
Distribute means to deliver a controlled substance other than by administering or dispensing the substance. Drug is defined as a substance, other than a device or a component, part, or accessory of a device, that is recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary; intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; intended to affect the structure or function of the body of man or animals but is not food; or intended for use as a component of a substance described by Paragraph (A), (B), or (C).
The phrase drug paraphernalia is defined as equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. This term includes:
- a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;
- a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
- an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance;
- testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;
- a scale or balance used or intended for use in weighing or measuring a controlled substance;
- a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance;
- a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
- a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance;
- a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance;
- a container or other object used or intended for use in storing or concealing a controlled substance;
- a hypodermic syringe, needle, or other object used or intended for use in parenterally injecting a controlled substance into the human body; and
- an object used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, including:
- a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
- a water pipe;
- a carburetion tube or device;
- a smoking or carburetion mask;
- a chamber pipe;
- a carburetor pipe;
- an electric pipe;
- an air-driven pipe;
- a chillum;
- a bong; or
- an ice pipe or chiller.
Find A Dallas County Defense Attorney for Drug Charges | Law Offices of Richard C. McConathy
If you are facing any kind of drug charges in the greater Dallas area, do not wait another moment to seek legal representation. The Law Offices of Richard C. McConathy will know how to fight your criminal charges and help you secure the most favorable outcome to your case. Our firm understands how drug charges can impact a person’s life and we work to help people overcome every obstacle.
Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Call (972) 233-5700 or contact us online to schedule a consultation.
