Getting charged with drug possession – or something even more serious – in the Tarrant County/Fort Worth area can be a frightening experience, leaving you anxious and unsure of what to do next. A single mistake or misunderstanding can lead to serious consequences that may impact your future – fortunately, a Fort Worth drug possession lawyer can help.

Understanding your situation and knowing your options can make all the difference. In this guide, we’ll break down the complexities of Texas drug laws, explore potential defenses, and show you why having an experienced drug possession attorney in Fort Worth is crucial.

Whether you’ve been charged or are worried about an impending charge, this page will provide you with the information and guidance you need to protect your rights and your future.

Table of Contents:

• Drug Possession Charges in Texas: An Overview
• Unique Aspects of Texas Drug Laws
• Common Mistakes in Texas Drug Possession Cases
• How a Drug Possession Lawyer Can Help
• Why Choose Norris Legal Group as Your Fort Worth Drug Posession Lawyer?
• Contact Us: Protect Your Rights

Drug Possession Charges in Texas: An Overview

First, it’s helpful to describe the different types of drug charges and the impact of drug penalty groups on your case.

Types of Drug Charges

Drug charges in Texas include a range of offenses, each carrying its own legal implications:

1. Simple Possession: Having a controlled substance for personal use.
2. Possession with Intent to Distribute: Possessing drugs with evidence suggesting intent to sell or distribute.
3. Manufacture and Delivery: Producing or distributing controlled substances.
4. Possession of Paraphernalia: Having items associated with drug use or distribution.

Drug Penalty Groups in Texas

In Texas, controlled substances are categorized into specific penalty groups. Here’s a condensed breakdown of each group and the associated penalties:

Penalty Group 1 (e.g., Cocaine, heroin, methamphetamine, ketamine)

Amount	Offense Level	Fine	Prison Sentence
<1g	State jail felony	Up to $10,000	180 days – 2 years
1-4g	3rd Degree Felony	Up to $10,000	2-10 years
4-200g	2nd Degree Felony	Up to $10,000	2-20 years
200-400g	1st Degree Felony	Up to $100,000	5-99 years
>400g	Enhanced 1st Degree Felony	Up to $100,000	10-99 years

Penalty Group 1-A (LSD)

Amount	Offense Level	Fine	Prison Sentence
<20 units	State jail felony	Up to $10,000	180 days – 2 years
20-80 units	3rd Degree Felony	Up to $10,000	2-10 years
80-4,000 units	2nd Degree Felony	Up to $10,000	5-20 years
>4,000 units	1st Degree Felony	Up to $250,000	15-99 years

Penalty Group 2 (e.g., THC, Mushrooms, Psilocybin)

Amount	Offense Level	Fine	Prison Sentence
<1g	State jail felony	Up to $10,000	180 days – 2 years
1-4g	3rd Degree Felony	Up to $10,000	2-10 years
4-400g	2nd Degree Felony	Up to $10,000	2-20 years
>400g	1st Degree Felony	Up to $100,000	5-99 years

Penalty Group 3 (e.g., Anabolic steroids, Xanax, Lorazepam)

Amount	Offense Level	Fine	Prison Sentence
<28g	Class A Misdemeanor	Up to $4,000	Up to 1 year
28-200g	3rd Degree Felony	Up to $10,000	2-10 years
200-400g	2nd Degree Felony	Up to $10,000	2-20 years
>400g	1st Degree Felony	Up to $50,000	5-99 years

Penalty Group 4 (e.g., Compounds with small amounts of codeine or opium)

Amount	Offense Level	Fine	Prison Sentence
<28g	Class B Misdemeanor	Up to $2,000	Up to 180 days
28-200g	3rd Degree Felony	Up to $10,000	2-10 years
200-400g	2nd Degree Felony	Up to $10,000	2-20 years
>400g	1st Degree Felony	Up to $50,000	5-99 years

An Overlooked Consequence: Driver’s License Suspension

Many people are unaware of a significant additional penalty for convictions for Texas drug or controlled substance offenses: mandatory driver’s license suspension. This often-overlooked consequence can have a profound impact on a person’s daily life, affecting their ability to work, attend school, or care for family members.

“It’s just one other way that drug charges affect your life if you’re convicted of it, and so avoiding that conviction is really important,” says Graham Norris, founder of Norris Legal Group.

This suspension applies regardless of whether the offense was related to driving, making it a particularly harsh and far-reaching penalty. This underscores the importance of mounting a strong defense against drug charges, even for seemingly minor offenses.

THC/Marijuana in Texas: A Legal Gray Area

It’s crucial to understand that some THC products, even those believed to be legal, can result in serious charges in Texas.

“Even though it’s THC and it’s very common, it’s still classified as a felony in Texas,” Graham says. “So even under a gram of THC oil in a vape pen is classified as a felony, and it’s the same penalty range as heroin or cocaine. We’ve got to treat them pretty seriously because a lot of times it’s somebody that has never been in trouble before or has no idea that it’s that serious.”

As more states legalize marijuana and public acceptance grows, Texans are at an increasing risk of being ensnared by laws that are more restrictive than they realize.

“I think that there are a lot of products that are now being sold in smoke shops and in CBD stores in Texas, and some of those products are unregulated,” Graham adds. “The components in it have to meet certain standards, or they are illegal under Texas Law, and you don’t necessarily know what you’re getting unless you take it to the lab and analyze it.”

Fortunately, although THC is classified harshly in Texas, prosecutors and judges are more open to lesser punishments – but that’s not guaranteed, which is why engaging with a lawyer is so important.

Unique Aspects of Texas Drug Laws

Texas drug laws are distinctive, and being charged here means facing a legal system with its own rules and challenges. Knowing these unique aspects can help you understand what to expect and how to prepare.

State vs. Federal Charges

When charged with a drug crime in Texas, it’s important to know whether you’re facing state or federal charges. Each jurisdiction handles drug cases differently, and the implications can be significant:

• State Prosecution: Most drug possession cases are prosecuted at the state level. Penalties vary widely based on the substance and quantity involved.
• Federal Prosecution: In cases involving large quantities or trafficking across state lines, federal authorities may become involved. Federal drug charges often carry much harsher penalties and longer prison sentences.
• Implications of Federal Charges: If your case is taken up at the federal level, you may face mandatory minimum sentences and fewer opportunities for probation.

Impact of Prior Convictions

In Texas, prior convictions can greatly affect your current drug charges, leading to enhanced penalties that can drastically alter your future:

• Repeat Offenses: Texas law imposes stricter penalties for those with prior drug-related convictions, potentially leading to longer prison sentences and higher fines.
• Three-Strikes Law or “Habitual Offender”: Texas has a “three-strikes” law called a Habitual Offender Notice, where repeated felony convictions can result in a punishment of 25 years to life in prison. This means that even a minor possession charge can have significant consequences if you have previous convictions.
• Building a Defense: It is vital to understand how past convictions might impact your current case. An experienced Fort Worth drug possession lawyer can help you explore options for mitigating these effects.

Common Mistakes in Texas Drug Possession Cases

When you’re facing drug possession charges, it’s easy to make mistakes that can jeopardize your case. Being aware of these common pitfalls can help you avoid them and protect your future:

• Talking to Police Without a Lawyer: Many people think that if they just explain their situation, the police will understand and let them go. However, anything you say can be used against you, and without a lawyer, you might accidentally incriminate yourself.
• Consenting to Searches: You have the right to refuse searches of your person, car, or home; if the police do not have a warrant or an exception under the law, their search is illegal. Giving consent waives this right, and any evidence found can be used in court.
• Failing to Hire an Experienced Lawyer: Trying to handle your case on your own or hiring an inexperienced attorney can lead to disastrous results. An experienced lawyer knows how to navigate the legal system and can fight for the best possible outcome.
• Ignoring Court Deadlines: Missing court dates or deadlines can result in additional charges or penalties. Always keep track of your court obligations and ensure you meet them.
• Posting on Social Media: Anything you post online can be used as evidence against you. It’s best to avoid discussing your case on social media or with anyone other than your lawyer.

How a Drug Possession Lawyer Can Help

Having an experienced drug possession lawyer by your side can make a significant difference in the outcome of your case. Here’s how a lawyer can help you navigate the legal system:

Challenging Evidence

Challenging the evidence against you is a key strategy in defending against drug possession charges. Here are some common ways a lawyer can help:

• Illegal Search and Seizure: If the police violated your Fourth Amendment rights by conducting an unlawful search, any evidence obtained might be inadmissible in court.
• Chain of Custody Issues: The prosecution must prove that the evidence was handled properly from the time of seizure to the time of trial. Any breaks in this chain could lead to evidence being excluded.
• Questioning Witness Credibility: Witnesses may be biased or unreliable. Your lawyer can investigate and challenge their statements to weaken the prosecution’s case.

Crafting a Defense Strategy

An experienced drug possession lawyer understands the nuances of Texas drug laws and can work towards reducing charges or penalties even before the case goes to trial.

“Part of my representation of clients is putting them in the right position to be able to take advantage of prosecutorial discretion,” Graham says. “A lot of times, the prosecution is receptive to dropping or reducing charges if the defendant is doing things that demonstrate they’re otherwise a good citizen.”

For example:

• The defendant could be taking a drug awareness class
• Recent drug testing shows that they don’t have any ongoing THC use while the case is pending
• They’re working community service hours
• They’re showing gainful employment

“These are tools that we can use to work with a prosecutor to try and get a case resolved in a way that’s really favorable for the person,” Graham says.

In addition, there are three key things a lawyer will do to put you in the best possible position:

1. Analyzing the Details of the Case: A lawyer will thoroughly examine every aspect of your case, from the circumstances of your arrest to the evidence against you. This analysis is crucial for identifying weaknesses in the prosecution’s case if they do decide to take the case to trial.
2. Negotiating Plea Deals: Sometimes, negotiating a plea deal can result in reduced charges or penalties. An experienced lawyer will know when and how to pursue this option.
3. Exploring Diversion Programs: For first-time offenders, diversion programs may be an option. These programs can help you avoid a criminal record by completing certain requirements, such as counseling or community service.

Real-Life Case Example

Graham once handled the case of a 19-year-old client who was charged with delivery of a controlled substance and was facing 5 years to life in prison. He negotiated with the prosecutor to reduce the charge to a third-degree felony possession charge. This made the client eligible for a first-offender drug program, resulting in case dismissal and the opportunity for expungement after a short probationary period.

The result of this case is a good illustration that even in situations where a drug charge sticks, having a Fort Worth drug possession lawyer advocating for you can make all the difference in the outcome.

Why Choose Norris Legal Group as Your Fort Worth Drug Posession Lawyer?

Choosing the right lawyer is crucial when facing drug possession charges in the Arlington/Fort Worth/Tarrant County area. Norris Legal Group offers a team of experienced attorneys dedicated to providing personalized and aggressive representation.

Here’s how we can help you achieve the best possible outcome:

• Personalized Defense Strategy: We tailor our approach to fit your unique situation, ensuring that every aspect of your case is thoroughly examined.
• Comprehensive Case Review: Our team conducts an in-depth review of all evidence, looking for weaknesses in the prosecution’s case that we can exploit.
• Negotiation Skills: We have a proven track record of negotiating favorable plea deals when appropriate, reducing charges and penalties for our clients.
• Aggressive Courtroom Representation: We fight hard for your rights in court, challenging any inconsistencies or procedural errors in the prosecution’s case.
• Support Throughout the Process: We are committed to guiding you through every step of the legal process, keeping you informed and prepared for what lies ahead.
• Strong Track Record: Our success in achieving positive outcomes for clients is a testament to our dedication and knowledge in drug possession cases.

Contact Us: Protect Your Rights

If you’re facing drug possession charges, time is of the essence. The sooner you secure a Fort Worth drug possession lawyer to represent you, the better your chances of achieving a favorable outcome. At Norris Legal Group, we understand the stress and uncertainty you’re facing, and we’re here to help.

Contact us today for a free consultation to discuss your case and explore your options. Don’t wait—protect your rights and your future by reaching out to our experienced legal team now.