Possession with Intent
to Distribute Attorney
Serving Dallas, Texas

Drug Schedules

The Controlled Substances Act (CSA) places all controlled substances into schedules according to the drug's acceptable medical use and its potential for abuse or dependency. 

• Schedule I: Includes marijuana, heroin, peyote, LSD, hallucinogens, and ecstasy.
• Schedule II: Include cocaine, opium, pure codeine, morphine, amphetamine, methamphetamine, fentanyl, hydrocodone, oxytocin, methadone, PCP, and Dexedrine.
• Schedule III: Include depressants, ketamine, stimulants, codeine, buprenorphine, Vicodin, testosterone, Marinol, and anabolic steroids.
• Schedule IV: These include Xanax, Ambien, Darvocet, Valium, Ativan, Soma, and tramadol. These substances can be used medically.
• Schedule V: These include limited quantities of narcotic drugs, Parepectolin, Lyrica, Lomotil, and Motofen. They have reduced potential for abuse and can be used medically.

Possible Penalties by Penalty Group

The severity of the penalty will depend on the substance schedule, penalty group, quantity of the drug found in the defendant's possession, and the defendant's criminal record. If convicted, you could be facing:

Penalty Group 1

Substances include opiates, heroin, painkillers like hydrocodone, codeine, and oxycodone, peyote, methamphetamine, and ketamine. Possible penalties include:

• Less than 1g – Fine of up to $10,000, and between 180 days and 2 years in a state jail 
• Between 1g and 4g – Fine of up to $10,000, and 2 to 10 years in state prison
• Between 4g and 200g – Fine of up to $10,000, and 2 to 20 years in state prison
• Between 200g and 400g – Fine of up to $10,000, and 5 to 99 years in state prison
• More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Penalty Group 1-A

Substances include Lysergic Acid Diethylamide (LSD), as well as its salts, isomers, and salts of isomers. Possible penalties include:

• Less than 20 units – Fine of up to $10,000, and between 180 days and 2 years in a state jail
• Between 20 and 80 units – Fine of up to $10,000, and 2 to 10 years in state prison
• Between 80 and 4000 units – Fine of up to $10,000, and 2 to 20 years in state prison
• Between 4000 and 8000 units – Fine of up to $10,000, and 5 to 99 years in state prison
• More than 8000 units – Fine of up to $250,000, and 15 to 99 years in state prison

Penalty Group 2 or 2-A

These include hallucinogens, Ecstasy, PCP, Molly, Psilocybin, Amphetamine, and mescaline. Possible penalties include:

• Less than 1g – Fine of up to $10,000, and between 180 days and 2 years in a state jail 
• Between 1g and 4g – Fine of up to $10,000, and 2 to 10 years in state prison
• Between 4g and 400g – Fine of up to $10,000, and 2 to 20 years in state prison
• More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Penalty Group 3 or 4

Substances include opioids and opiates not listed in Penalty Group 1, anabolic steroids, sedatives like Valium, benzodiazepines, prescription drugs with a depressant, or stimulant effect. Possible penalties include:

• Less than 28g – Fine of up to $10,000, and up to 2 years in county jail
• Between 28g and 200g – Fine of up to $10,000, and 2 to 20 years in state prison
• Between 200g and 400g – Fine of up to $10,000, and 5 to 99 years in state prison
• More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Marijuana

Marijuana, referred to as "marihuana" in the Texas Health and Safety Code, remains illegal in the State of Texas. Possible penalties include:

• Less than ¼ ounces – Fine of up to $4,000, and up to 1 year in county jail
• Between ¼ ounces and 5 pounds – Fine of up to $10,000, and up to 2 years in county jail
• Between 5 and 50 pounds – Fine of up to $10,000, and 2 to 20 years in state prison
• Between 50 and 2000 pounds – Fine of up to $10,000, and 5 to 99 years in state prison
• More than 2000 pounds – Fine of up to $100,000, and up to 10 to 99 years in state prison

Why Having Legal Counsel is Necessary

Defending your drug possession with intent to deliver charges without proper guidance from an experienced attorney can increase your prospects of suffering the maximum penalties. If convicted, you could be facing life imprisonment and fines of up to $250,000, depending on the penalty group of the controlled substance found in your possession. This is why you need to retain a knowledgeable Texas drug possession attorney immediately to help protect your rights.

Attorney Tom Cox is committed to offering outstanding legal services and strong representation in drug law violation matters. As your legal counsel, he will review your case, conduct a thorough investigation, and determine your best defense strategy. Using his extensive knowledge, Tom Cox can help you navigate the Texas criminal justice system. He will fight vigorously on your behalf to help defend your rights.