Texas drug laws are some of the strictest in the country, and a small amount can still mean a felony.
Texas drug laws are some of the strictest in the country, and a small amount can still mean a felony. Whether you were charged with marijuana, a THC vape or a controlled substance, our Fort Worth trial lawyers look hard at how the police found the evidence and whether the State can prove its case.
Texas sorts most drugs into penalty groups. The charge depends on the group and the total weight, including any mixture.
Penalty Group 1 (including cocaine, methamphetamine and heroin): under 1 gram is a state jail felony, 1 to 4 grams is a third-degree felony, 4 to 200 grams is a second-degree felony, and 200 grams or more is a first-degree felony.
Marijuana: 2 ounces or less is a Class B misdemeanor, and more than 2 ounces up to 4 ounces is a Class A misdemeanor. Larger amounts are felonies.
THC vapes, edibles and concentrates are often charged as a controlled substance rather than marijuana, which can turn a small amount into a felony.
Possession with intent to deliver, and offenses in a drug-free zone, carry higher penalties.
The stop and the search: if police lacked a legal basis to stop you or search your car, home or phone, the evidence may be suppressed.
Knowing possession: the State must prove you knew about and controlled the drugs. Being near them, or in the same car, is not enough by itself.
Lab testing and weight: we review how the substance was tested and weighed, because the weight often decides the charge.
Alternatives: depending on your history, you may qualify for pretrial diversion, deferred adjudication or a specialty court program.
A drug conviction can cost you jobs, housing, financial aid and professional licenses. A dismissal or a successful deferred adjudication may let you clear or seal your record later. Learn more about expunctions and nondisclosures.
Nag Law Firm, P.C. has defended clients in Tarrant County courts since 2012. Call 817-900-2823 or text us any time to schedule a consultation.