DWI Defense
Defending drivers accused of DWI, including license suspensions and ALR hearings.
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Drug Charges
Dallas Drug Charge Defense Lawyer
Texas drug laws carry penalties that range from a misdemeanor to decades in prison. Attorney Avia Gauthier defends people charged with drug offenses across Dallas, Collin, and Denton Counties.
Overview
How Texas Classifies Drug Offenses
Most drug offenses in Texas are prosecuted under the Texas Controlled Substances Act, Chapter 481 of the Health and Safety Code. The law sorts substances into penalty groups, and the charge you face depends largely on which group the substance falls into, how much was involved, and what prosecutors allege you intended to do with it.
Marijuana has its own penalty scheme. Penalty Group 1, which includes substances such as cocaine, methamphetamine, and heroin, generally carries the heaviest penalties. THC concentrates, such as vape cartridges and wax, are classified differently from plant marijuana and can be charged as felonies even in small amounts.
Beyond simple possession, prosecutors may charge manufacture or delivery, possession with intent to deliver, or an offense in a drug-free zone near a school, any of which can increase the punishment.
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Penalties
Possession Charges and Penalty Ranges
The possible punishment depends on the specific charge, the facts alleged, and your history.
| Charge | Classification | General Penalty Range |
|---|---|---|
| Marijuana, 2 ounces or less | Class B misdemeanor | Up to 180 days in jail and a fine up to $2,000 |
| Marijuana, more than 2 ounces up to 4 ounces | Class A misdemeanor | Up to 1 year in jail and a fine up to $4,000 |
| Marijuana, more than 4 ounces up to 5 pounds | State jail felony | 180 days to 2 years in a state jail facility and a fine up to $10,000 |
| Penalty Group 1, less than 1 gram | State jail felony | 180 days to 2 years in a state jail facility and a fine up to $10,000 |
| Penalty Group 1, 1 gram to less than 4 grams | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Penalty Group 1, 4 grams to less than 200 grams | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
| Penalty Group 1, 200 grams to less than 400 grams | First-degree felony | 5 to 99 years or life in prison and a fine up to $10,000 |
Building a Defense
Questions a Drug Charge Defense Can Raise
Every case turns on its own facts. These are some of the issues a careful review of a drug case can examine.
The search
The Fourth Amendment protects against unreasonable searches. If officers searched a car, home, or phone without a valid warrant, valid consent, or a recognized exception, the evidence may be subject to a motion to suppress.
Whether the drugs were yours
Being near drugs isn't the same as possessing them. In shared cars, apartments, and homes, the State must connect you to the substance with more than proximity alone.
Lab testing and weight
The identity and weight of a substance drive the charge. Lab procedures, chain of custody, and how the weight was calculated can all be reviewed.
Intent to deliver
Prosecutors sometimes rely on quantity, packaging, or cash to allege intent to deliver. Those assumptions can be tested against the actual evidence.
Diversion and specialty courts
Some counties offer pretrial diversion or specialty court programs for eligible people. Eligibility and availability vary by county and by case.
Consequences beyond the sentence
A drug conviction can affect employment, professional licenses, housing, and immigration status. Those consequences deserve attention alongside the charge itself.
FAQ
Drug Charges Questions
More questions? See the general criminal defense FAQ or read what to do after an arrest.
No. Hemp products with a delta-9 THC concentration of no more than 0.3 percent are legal, but possessing marijuana is still a crime under Texas law. Some cities have adopted local policies on low-level marijuana enforcement, but those policies don't change state law and don't bind every agency that can make an arrest.
Possession means having care, custody, control, or management of a controlled substance. Possession with intent to deliver adds an allegation that you planned to sell or transfer it, which carries heavier penalties. Prosecutors often try to prove intent through circumstantial evidence such as quantity, packaging, scales, or cash, and that evidence can be challenged.
You can be charged, but a charge isn't a conviction. When drugs are found in a shared space, the State generally has to show additional facts linking you to them, not just that you were nearby.
Sometimes. A case may be dismissed if key evidence is suppressed because of an unlawful search, if lab testing doesn't support the charge, or if the evidence doesn't connect you to the substance. No attorney can guarantee a dismissal, but these issues deserve a close look.
Not necessarily. Depending on the charge, the amount, your history, and the county, possible outcomes can include probation, deferred adjudication, a diversion program, or dismissal. What's realistic can only be assessed after the evidence has been reviewed.
Possibly. If a case is dismissed or you complete certain programs, you may be eligible for an expunction or an order of nondisclosure. The rules depend on the offense and how the case ended.
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This page provides general information about Texas law, not legal advice, and laws change. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. See the full disclaimer.
Charged With a Drug Offense?
Speak with attorney Avia Gauthier about your charges and your options. Call (214) 377-0786 or send a message to request a consultation.
Contacting Gauthier Law Firm does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.