Fort Worth Drug Charges Lawyer

Texas sorts controlled substances into penalty groups. The group, combined with the aggregate weight, sets your exposure — not what the substance is called on the street and not how serious it sounds.

Penalty Group	Common examples	Where possession starts
Group 1	Cocaine, heroin, methamphetamine, oxycodone	Under 1 gram: state jail felony
Group 1-A	LSD	Measured in dosage units
Group 1-B	Fentanyl	Under 1 gram: state jail felony, with enhanced provisions
Group 2	THC concentrates and extracts, MDMA	Under 1 gram: state jail felony
Group 3	Alprazolam, diazepam, methylphenidate, anabolic steroids	Under 28 grams: Class A misdemeanor
Group 4	Certain compounds with limited narcotic content	Under 28 grams: Class B misdemeanor
Marijuana	Charged under its own statute	2 ounces or less: Class B misdemeanor

 

Aggregate weight is the trap

Texas measures the aggregate weight of a substance including adulterants and dilutants — everything mixed in with the drug. Not the pure drug. The whole thing.

That single rule is why a gummy, a drink, a cutting agent or a liquid carrier can produce a weight figure many times the amount of actual controlled substance involved, and why people facing what they assumed was a small case are looking at a second-degree felony. It applies with particular force to THC concentrates and edibles.

Possession versus possession with intent to deliver

Intent to deliver is a separate allegation carrying dramatically higher punishment ranges, and the State proves it circumstantially: quantity, packaging, scales, cash, phone messages, the absence of paraphernalia consistent with personal use. Each of those inferences is contestable, and stacked inferences are weaker than they look on a police report.

Drug-free zone enhancements

Offenses alleged within a defined distance of a school, playground, youth center, public pool or video arcade facility carry enhanced penalties under the Health & Safety Code. The State's measurement is a fact question — how the distance was measured, from what point, by whom, and whether the location actually qualifies under the statute.

How drug cases are defended

Search and seizure. Whether the stop was lawful, whether consent was voluntary, whether a search exceeded its scope, whether a warrant was supported by probable cause. Suppression ends a case entirely, and it is the first thing we examine.

Affirmative links. When drugs are found in a car with four people in it, or in a shared apartment, the State must connect them to you specifically. Proximity is not possession, and the law requires links beyond simply being present.

The lab and the weight. Identification of the substance, the quantitative analysis, the chain of custody, the accuracy of the weight, and the analyst's qualifications. We request the underlying analytical file, not the summary report.

Informant reliability. Where a case originates with a confidential informant, the informant's history, motive and the corroboration behind the information are all subject to challenge.

First-offense options in Tarrant County

Tarrant County operates a First Offender Drug Program, drug court, and deferred prosecution tracks. For someone who qualifies, completion can mean dismissal and, in some cases, eligibility for expunction. Eligibility is narrow and application windows are short.

Federal drug charges

Some cases are prosecuted in the Northern District of Texas rather than state court. Federal cases involve different procedure, sentencing guidelines and mandatory minimums, and a federal indictment is not a state case with a different address on it. If you have been contacted by DEA, FBI or HSI, say nothing and call before you say more.