By Jeff Kennedy
Were You Accused Of A Drug Crime in Texas?
For over 20 years Jeff C. Kennedy has helped hundreds of clients get their drug charges dismissed or dropped. Schedule a FREE consultation with Drug Charge Lawyer Jeff C. Kennedy today, Get the defense you need to clear your name.
Penalties for drug charges in Texas can be severe and lead to lifelong consequences. Being convicted of a drug charge can result in substantial fines, lengthy jail time, and probation, along with a lasting impact on your personal and professional life.
Avoid A Conviction With Jeff C. Kennedy
No matter what drug crime you’ve been accused of or what substance was involved, it’s important that you never give up hope of avoiding a conviction. You are innocent until proven guilty, and the burden of proof lies with the prosecution.
Avoiding a conviction is always possible, regardless how strong the case against you seems to be. If enough evidence can be gathered in your favor or if the flaws in the prosecution’s case can be exposed, your drug charges could be dismissed or at least reduced.
This is why you need an attorney with not just experience, but someone with the skills needed to defend you.
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Call to schedule your free DWI case review today.
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
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How To Get A Drug Charge Reduced Or Dismissed
To win an acquittal or dismissal, your Fort Worth drug charge attorney only needs to establish reasonable doubt. For example, if you were charged with possession and the drugs were merely near your person, then all we need to do is prove that the drugs did not actually belong to you.
In other cases, it might be possible to get the evidence declared inadmissible, such as when the police search and seize drugs without a warrant or probable cause. Without evidence, the case against you could completely fall apart.
Below are some possible defenses Jeff could use, depending on the details of your case:
- Lack of Knowledge / Awareness
- Mistake of Fact
- Duress
- Police Errors
- No Physical Possession
- Missing Evidence
- Search and Seizure Violation
- Lab Technician Error
- Non-Human Consumption
- Information Exchange:
Achieving a dismissal or reduction of charges will require a convincing defense, which is why you’re going to want an experienced Fort Worth drug crime lawyer like Jeff C. Kennedy on your side.
Types Of Drug Charges In Texas
Drug charges are often impacted by the officer’s interpretation of your intent, so it’s not uncommon for people to get charged with a more serious crime. This is often an intimidation tactic used to pressure you into accepting a lesser charge in a plea bargain or to make an example.
Drug charges in Texas are as follows :
- Possession of a Controlled Substance– Ownership of a controlled substance isn’t necessarily limited to being directly on your person; you could also be charged with possession if the drugs were in close proximity to you.
- Manufacturing and Cultivation – Producing illegal drugs can result in some of the harshest penalties available under Texas law, especially if truly large quantities were involved. These range from marijuana cultivation, fake prescription pills to meth labs and the production of any other illegal substance.
- Trafficking or Distribution– This charge can also be applied if you are accused of possessing a large enough quantity that the police believe it couldn’t all be for personal use.
- Possession of Drug Paraphernalia – Possessing items such as bongs and pipes is also illegal, even if they haven’t been used. The arresting officers merely have to believe that the intent to use or sell was there.
- Public Intoxication – Even alcohol-related offenses can get you into serious trouble. Being grossly intoxicated in public is just one such example. Keep in mind that Alcohol is a drug.
- Minor in Possession – Either selling alcohol to minors or being a minor in possession can result in an arrest.
Drug Crimes Classifications In Texas?
How serious your drug charge is will depend on the type and quantity of the controlled substance involved. Fort Worth and the rest of Texas mostly follow the federal drug schedules, with marijuana being a notable exception.
The federal drug schedules break drugs up into different classifications based on their potential for abuse and addiction. The more serious the potential for abuse that a drug has, the more serious the charge will be.
This will then be combined with the amount of the drug involved to determine what level of misdemeanor or felony you’ll be charged with, which are further organized into penalty groups (next section).
Listed below are the schedules and drugs which belong to them.
- Schedule I
- Marijuana
- Heroin
- Ecstasy
- Mushrooms
- LSD
- Peyote
- Schedule II
- Cocaine
- Ritalin
- Opium
- Methadone
- Morphine
- Pure Codeine
- Pure Hydrocodone
- Oxycontin
- Percocet
- Percodan
- Methamphetamine
- PCP
- Some Barbiturates
- Schedule III
- Ketamine
- Codeine
- Vicodin
- Lortab
- Lorcet
- Anabolic Steroids
- Marinol
- Schedule IV
- Xanax
- Valium
- Darvon
- Darvocet
- Schedule V
- Cough suppressants with codeine
- Anti-diarrheal treatments
It should be noted that while the federal government classifies marijuana as a Schedule I drug, Texas treats it as a less-serious controlled substance.
What Are Penalty Groups?
The legal penalties for drug offenses vary substantially. The primary factors that will determine your potential punishment will be the type of controlled substance, the quantity involved, and where the drug crime is alleged to have occurred. These are organized into Penalty Groups.
For example, a minor possession offense involving less than two ounces might be prosecuted as a Class B misdemeanor. A conviction could result in up to 180 days in jail and a fine of up to $2,000.
Meanwhile, someone caught in possession of more than 2,000 pounds of a Schedule I drug is likely facing a first-degree felony. The punishments involved could include a prison sentence of between five and ninety-nine years—or even life—and a fine of up to $50,000.
Penalty Groups
Penalty Group 1 is the most heavily regulated in TX. They have no medical use whatsoever, and are some of the most dangerous and addictive.
- Cocaine
- Crack
- Heroin
- Methamphetamine
- Special K – Ketamine
- Oxycontin (Oxycodone)
- Codeine
- GHB
- Opium
- Methadone
- Hydrocodone over 300 grams (including in Vicodin)
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
Penalty group 1-A only has the drug Acid – LSD or analogues of LSD. LSD is sold by the dose, and this is why it is not grouped with other drugs , which are sold by weight.
| Possession of Controlled Substance Penalty Group 1-A (PG1-A) | Offense Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 units | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 units or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
The only controlled substance in penalty group 1-B is Fentanyl.
| Possession of Controlled Substance Penalty Group 1-B (PG1-B) | Offense Level | Punishment Range |
|---|---|---|
| Under 1 Gram | State Jail Felony | 180 days – 2 years in State Jail and/or a fine of not more than $10,000 |
| 1-4 Grams | Third Degree Felony | 2-10 years in prison, and a fine of not more than $10,000 |
| 4-200 Grams | Second Degree | 2-20 years in prison and a fine of up to $10,000 |
| 200-400 Grams | First Degree | 5 – 99 years in prison or life, and a fine not to exceed $10,000 |
| Over 400 Grams | Enhanced First Degree | 10 – 99 years in prison or life, and a fine not to exceed $100,000 |
Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:
- MDMA, Molly, Ecstasy
- Bath Salts (Many bath salts)
- Adderall (Dextroamphetamine)
- PCP (Phencyclidine, Angel Dust)
- Mescaline (Peyote)
- Mushrooms (Psilocybin)
- Proposed legislation: Flakka (alpha-PVP)
- THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas
- “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
| Possession of Controlled Substance Penalty Group 2-A (PG 2-A) | Offense Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 5 pounds ore more but less than 50 pounds | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 50 pounds or more, but less than 2,000 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:
- Valium
- Xanax (Alprazolam)
- Clonazepam
- Diazepam
- Hydrocodone less than 15mg/dose or less than 300 mg
- Codeine less than 90mg/dose
- Lorazepam
- Zolpidem
- Ritalin
- Testosterone
- HGH (Human Growth Hormone)
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less thanÊ 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:
- Opium
- Morphine
- Motofen
- Dangerous Drugs
| Possession of Controlled Substance Penalty Group 4 (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
What Are The Penalties for Repeat Drug Crime Offenders In Fort Worth?
Repeat drug charges are substantially increased under Texas law. This penalty takes into account the type of drug you were charged with. A repeat offense can result in a life sentence as well, and it does not matter how long its been since your last charge. You need an attorney like Jeff C. Kennedy who has helped many repeat offenders avoid maximum penalties and fight for their freedom.
What are drug free zones in Texas?
Texas has designated certain areas as “drug-free zones,” defined in the Texas Health and Safety Code Section 481.134. If your offense involved one of these areas, the penalties you face automatically increase to the next level of offense (e.g., a third-degree felony would be prosecuted as a second-degree felony instead).
- Schools and school buses
- Playgrounds
- Public swimming pools
- Youth centers
- Video game arcades
Hiring An Attorney
Prosecutors and law enforcement officers may try to convince you that you don’t need a lawyer or to make a deal with them before you contact an experienced criminal defense attorney. Don’t buy it! You deserve an ally who will look out for your best interest, ensure your rights are protected and get the best possible outcome for you! Contact the Law Offices of Jeff Kennedy today to get started on your drug charge defense!
Fort Worth Drug Crime FAQ
Everything’s on the line when you’ve been charged with a drug crime. We know you’re going to have questions, and we’ve addressed a few of the more common concerns in the section below. For information as it applies to your case directly, please contact our office so that you can speak with an experienced lawyer.