Understanding Texas Controlled Substance Laws

By Jeff Kennedy

The average person has difficulty understanding Texas’ legal statutes. Even though the laws are there for you to read, understanding them is a whole different story.

Especially if you’ve already been charged with a drug offense, you’re probably looking for some easy-to-understand information on the charge you’re facing, the possible penalties, and what your options are. We’re here to provide that information.

Types of Drug Charges in Texas

Texas breaks down drug charges by penalty group or “schedules.”

Marijuana has its own classification. First-offense marijuana possession is usually a misdemeanor offense, unless you’re in possession of large amounts or for the purpose of sale or cultivation.

The Penalties

The most important aspect of Texas controlled substance laws is the penalties associated with each type of drug crime. The penalties are unique to each case and will depend on your criminal history, the circumstances of your case, and which “schedule” of drug you were in possession of.

A qualified and experienced lawyer can give you an idea of what you’re facing based on your unique case. Generally, the minimum penalty for a Texas drug conviction is confinement in jail for up to 180 days and up to a $2,000 fine. The maximum penalty is life in prison and a fine up to $250,000. That covers both possession and trafficking.

Some Defense Options

Many people who are charged with drug crimes don’t believe they can avoid conviction, but that’s not true. There are defenses available to you, and you’re entitled to the best defense an attorney can give you.

Your future is worth fighting for, and you don’t have to sign the first plea agreement offered to you.

Remember that the prosecutor’s office must prove beyond a reasonable doubt that you committed a drug crime. There are many ways your lawyer can cast doubt on your charge and get it reduced or dismissed.

A few defenses often used for charges involving controlled substances in Texas:

  • The drugs weren’t yours and you were in the wrong place at the wrong time.
  • Someone is setting you up.
  • You were illegally searched.
  • The police made procedural errors.
  • The drug lab made errors.
  • There’s not enough evidence against you.
  • It’s a case of mistaken identity.

Contact a Fort Worth Drug Crime Lawyer

If you’ve been charged with a drug offense of any kind, a lawyer from our firm can help you. You have defense options available to you, and going with a public defender isn’t usually the best option.

Public defenders can’t choose the clients they work with, and their caseloads are almost always ridiculously high. This means that you will have little time with your attorney and he or she won’t be able to assist you in the way you need.

Your future is important. Protect it from a drug conviction. Get ahold of a Fort Worth drug crime attorney at the Law Offices of Jeff C. Kennedy. We can be reached via phone at 817-605-1010 or through the online contact form at the bottom of this page.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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