The most common drug-related charges in the Dallas area include marijuana possession and possession of controlled substances without a valid prescription.
Marijuana Possession
Although marijuana laws continue to evolve across the U.S., Texas law remains firm: marijuana is illegal statewide. This includes cannabis-derived edibles, vape cartridges, and oils.
However, enforcement varies widely. While Dallas voters had passed a citywide ordinance that prohibited police from citing and arresting people carrying a small amount of weed, that law was struck down by a state appeals court in April 2025.
Adding to the complexity, low-potency “hemp-derived” THC products are technically legal in Texas and under federal law (Delta 9 THC is one example), but there’s no field testing to determine whether or not the item in your possession is legal. Additionally, the penalties established by Texas Penal Code Chapter 481.12 are assessed by weight, so a single edible can easily be heavy enough to land you with a state jail felony charge, which could include six months to two years in jail.
Court data shows that 822 people in Dallas County were charged with marijuana possession in 2024. About 45% of those cases have been resolved. While the vast majority of those cases (86%) were dismissed, almost 10% resulted in convictions. The remaining 4% had other outcomes.
READ MORE: Study investigates whether your THC gummies are legal
Possession of a Controlled Substance
Under the Texas Health & Safety Code (Sections 481.115–481.118), it is a crime to knowingly or intentionally possess a controlled substance without a legitimate prescription. These substances are grouped into categories based on their potential for abuse and accepted medical uses.
Penalties depend on the substance and the quantity found. You could face a misdemeanor or a felony charge with potential jail time. And unlike some other states, Texas does not take a lenient stance on prescription drugs — being caught with a few pills can still lead to life-altering consequences.
Court data shows that about 70% of cases involving drug offenses in Dallas County in 2024 have been resolved. Almost 75% of those cases were dismissed, 18% resulted in convictions, and 6% of defendants received deferred adjudication. The remainder had other outcomes.
READ MORE: Texas drug laws
Other Drug Crimes in Texas
Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, including:
- Manufacture or Delivery of a Substance in Penalty Group 1: Texas Health & Safety §481.112
- Manufacture or Delivery of a Substance in Penalty Group 1A: §481.1121
- Manufacture of a Substance in Penalty Group 1 in the Presence of Child: §481.1122
- Manufacture or Delivery of a Substance in Penalty Groups 2 or 2A: §481.113
- Manufacture or Delivery of a Substance in Penalty Groups 3 or 4: §481.114
- Manufacture, Delivery, or Possession of Miscellaneous Substances: §481.119
- Marijuana Delivery: §481.120
- Delivery of Marijuana or Another Controlled Substance to a Child: §481.122
- Possession or Transport of Certain Chemicals with the Intent to Manufacture a Controlled Substance: §481.124
- Drug Paraphernalia Delivery: §481.125
- Transfer of a Precursor Substance for Unlawful Manufacture: §481.137
- Manufacture or Delivery of a Controlled Substance That Causes Death or Serious Bodily Injury: §481.141
Texas Drug Penalty Groups and Consequences
The Texas Controlled Substances Act categorizes drugs into groups based on their risk and medical use:
Dallas Drug Crime Penalty Groups
The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Texas classified marijuana as a Schedule 1 controlled substance. This means that the state considers marijuana to have a high potential for abuse and no currently acceptable medical use.
The penalties decrease based on the group classification and the amount involved.
Here are the classifications:
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Schedule
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Examples
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Potential charges (based on volume)
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Group 1:No acceptable medical use; high abuse potential (§481.102)
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Codeine
Cocaine
Ecstasy
Heroin
Opium
Oxycodone
Meth
|
State jail felony to first-degree felony
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Group 1A
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LSD and other hallucinogens
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State jail felony to first-degree felony
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Group 1B
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Fentanyl and derivatives
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State jail felony to first-degree felony
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Group 2: Some accepted medical uses; high abuse potential (§481.103)
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PCP
Hashish
Psilocybin (psychedlic mushrooms)
Mescaline
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State jail felony to second-degree felony
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Group 2A
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Synthetic cannabinoids such as K2 and Spice
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Class B misdemeanor to second-degree felony
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Group 3: Accepted medical uses; lower potential for abuse (§481.104)
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Valium
Xanax
Ketamine
Ritalin
Opiates not listed in Group 1
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Class A misdemeanor to second-degree felony
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Group 4: (§481.105)
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Opiates and opioids not listed in other groups; other prescription drugs
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Class B misdemeanor to second-degree felony
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Source: Texas Health and Safety Code Chapter 481
Potential Penalties
- First-degree felony: 5–99 years (or life) in prison, up to $250,000 fine
- Second-degree felony: 2–20 years, up to $10,000 fine
- Third-degree felony: 2–10 years, up to $10,000 fine
- State jail felony: 180 days–2 years, up to $10,000 fine
- Class A misdemeanor: Up to 1 year in jail, $4,000 fine
- Class B misdemeanor: Up to 180 days in jail, $2,000 fine
- Class C misdemeanor: Fine up to $500
Legal Defenses to Drug Charges
We start every case by examining whether your arrest was lawful. Were your rights violated? Was there probable cause? Was evidence obtained through an illegal search? Was the substance truly in your possession?
Common strategies include:
- What were the circumstances?
- Did police have probable cause for a traffic stop?
- Which drugs were found?
- Did police officers follow the appropriate procedures during your arrest?
- Were illegal search and seizure protocols used?
- Are you accused of having actual possession of the substance?
- Are there inaccuracies in the police report?
- Do you already have a history of drug-related activity?
- Did police find drug paraphernalia?
