Fort Worth Drug Crimes Defense Attorney

Federal law categorizes controlled substances (CDS) into 5 different schedules based on their dangerousness and potential of abuse, with Schedule I being the most dangerous and addictive. The drug schedule largely determines the penalties and severity of the drug-related offense.

Some common examples of drugs in their respective schedules are:

• Schedule I – heroin, LSD, PCP, crack cocaine
• Schedule II – morphine, cocaine, oxycodone
• Schedule II, IV, V – drugs containing smaller amounts of certain narcotic and non-narcotic drugs like Xanax, Valium, and codeine in Tylenol

Penalties and Sentencing for Possession

The penalties for drug possession in Texas vary based on the following factors:

• type of drug;
• quantity in possession;
• how the drug was stored or concealed;
• presence of additional drug paraphernalia;
• prior convictions.

Drug paraphernalia refer to any tool or equipment that aid the use, distribution, or manufacturing of illegal substances, such as a scale or large amounts of money.

At the very least, possession is punishable by either a Class B or Class A misdemeanor punishable by up to 1 year in county jail and up to $4,000 in fines. However, an offense could be charged as severely as a third-degree felony if the defendant has high amounts in possession.

Note that there are 4 penalty groups determining the sentencing range for a possession crime:

• Penalty Group 1 – opioids (painkillers like codeine, oxycodone), opium derivatives and/or opiates (heroin), cocaine, methamphetamine, ketamine, LSD, mescaline, psilocybin, similar hallucinogens; punishable by 180 days to 2 years in jail and a $10,000 fine or up to life imprisonment for possession of 400 grams or more
• Penalty Group 2 – LSD, Ecstasy (MDMA), PCP, psychedelic mushrooms, amphetamines; punishable by 180 days to 2 years in jail for possessing less than 1 gram or life imprisonment for possession of 400 grams or more and a fine of up to $50,000
• Penalty Group 3 – opioids and opiates not listed in Penalty Group 1, sedatives like Valium, anabolic steroids, methylphenidate, other prescription drugs that have either a stimulant or depressant effect and potential for abuse; punishable by a minimum of 180 days to 2 years in jail and fines up to $10,000 or a maximum sentence of life in jail (for possession of 400 grams or more) with fines up to $50,000
• Penalty Group 4 – opioids and opiates not listed in Penalty Group 1, and a range of prescription medications that have a potential for abuse; punishable by a minimum of 180 days to 2 years in jail and fines up to $10,000 or a maximum sentence of life in jail (for possession of 400 grams or more) with fines up to $50,000

Possession of marijuana is governed under its own separate class, which you can learn more about here.

If you have been charged with a crime of drug possession in Fort Worth, it is critical that you speak to a defense lawyer immediately. Drug crimes are punished very severely, even for the least dangerous drugs. Beasley Law Firm has over 30 years of experience defending clients in the Texas criminal justice system and can craft a strong defense against your possession charges. For instance, some possible defenses we could work with in your situation might be:

• lack of knowledge;
• lack of intention for consumption;
• approval of the drug for medical use;
• insufficient quantity for criminal charges.

Reach out to Beasley Law Firm to get started on your defense today. Let’s craft a strong argument unique to your circumstances and protect your criminal record against an unfair drug possession mark.

Schedule a free phone consultation at (817) 338-1877 or contact us online today.