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Drug Penalty Group 2 Put Unparalleled Defense In Your Corner

Drug Penalty Group 2 in Texas

Experienced Drug Defense in Tarrant County and the DFW Area

Drug crimes are the most common criminal offenses in Tarrant County, the Dallas – Fort Worth Area, and Texas. A drug-related conviction has potentially lifelong consequences, such as, jail or prison time, in-patient rehabilitation, and a stain on your criminal record. The aggressive Tarrant County Drug Criminal Defense Lawyers with The Law Office of David Sloane will fight for you!

Penalty Groups Explained

Under Texas Health & Safety Code §§ 481.102 – 481.105, controlled substances (drugs) are classified into one of four different penalty groups:

  • Penalty Group 1/ 1A
  • Penalty Group 2/ 2A
  • Penalty Group 3
  • Penalty Group 4

Penalty Group 2 Drugs in Texas

Controlled substances categorized under Penalty Group 2/ 2A are considered less severe than those in Penalty Group 1/ 1A, but still have no recognized medical use and are considered highly addictive and dangerous. The general public considers majority of the substances under Penalty Group 2/ 2A to be ‘soft’ drugs, whereas those in Penalty Group 1/ 1A are ‘hard’ drugs. The most common controlled substances categorized under Penalty Group 2/2A are:

  • Delta-9 Tetrahydrocannabinol (THC), other than marijuana
  • Psilocybin (Mushrooms) 
  • 3,4 Methylenedioxy-Methamphetamine (MDMA/ Ecstasy)
  • Phencyclidine (PCP)
  • Amphetamine (Adderall)
  • Gamma Hydroxybutyrate (GHB)
  • Mescaline 

Potential punishment for Drug Penalty Group 2 offenses differs depending on the type of offense – possession, manufacture, and delivery.

Delta-9 THC v. Marijuana, Delta-8/ 10 THC, and Hemp

Marijuana, Delta-8 THC, and Delta-10 THC are not categorized under Penalty Group 2/2A. Under Texas law, marijuana is defined as the plant cannabis sativa L. with a delta-9 THC concentration of more than 0.3 percent; whereas, a substance is legally defined as hemp if it contains less than 0.3 percent delta-9 THC concentration. (Tex. Agriculture Code § 121.001). For now, Delta-8 THC and Delta-10 THC are not included under the legal definition of Delta-9 THC; however, the legality of such substances are currently being fought in court. A substance meets the legal definition of THC under Penalty Group 2/2A only if it contains more than 0.3 percent delta-9 THC concentration.

Drug Penalty Group 2 Possession Punishment in TX

Possession of any amount of a Penalty Group 2 Controlled Substance is a felony punishable by prison time. Possession means the actual care, custody, control, or management of a controlled substance (Tex. Penal Code § 1.07(a)(39)). The range of punishment is dependent on the weight/ amount a person has in their possession:

  • Less than 1 Gram (POSS CS PG2 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and up to a $10,000 fine.
  • One to Four Grams (POSS CS PG2 1-4G), Third Degree Felony, punishable between two years to ten years in prison and up to a $10,000 fine.
  • Four to 400 Grams (POSS CS PG2 4-400G), Second Degree Felony, punishable between two years to twenty years in prison and up to a $10,000 fine. 
  • 400 Grams or More (POSS CS PG2 >400G), First Degree Felony, punishable between five years to 99 years in prison, and up to a $50,000 fine.
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Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Case Dismissed Possession of Methamphetamine Under One Gram
  • Motion to Adjudicate Dismissed Motion to Adjudicate - Possession of 4 to 200 grams of Methamphetamine, Evading Arrest with a Vehicle, and Theft of $30,000 to $150,000
  • Case Dismissed Indecent Exposure
  • Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Possession of Methamphetamine 1-4 Grams
  • Cases Dismissed Possession of a Controlled Substance Under One Gram and Unlawful Carry of a Weapon

Testimonials From Real People

See What Clients Have Said About Us
    "David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried."
    David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried. He is a 100% genuine person who truly cares about the outcome and well-being of his clients and I would recommend him for any kind of criminal law case.
    - Jackie
    "A lifesaver!"
    A lifesaver! He knows his stuff
    - Sam
    "David is a great lawyer that knows what he is doing and cares."
    I just finished up with an assault charge and David’s office made it as easy as they could. David is a great lawyer that knows what he is doing and cares. I would recommend him to anyone.
    - Josh
    "He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person."
    Mr. Sloane has lengthy experience in law enforcement. This only adds to his already plethora of knowledge about the law. He understands procedures field officers must adhere to. Very easy person to communicate with and makes you feel he is definitely on your side. He will work with you in every aspect of your case. Explains your options and tells you what he believes is best and always works with you on your decision. His office is easily reachable and they respond in a swift manner. What stuck with me most was his world view. He is a humble man who stands by his beliefs. He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person. Highly suggest for the DFW metroplex!
    - Pasquale
    "By far the best lawyer in the state of Texas."
    Amazing lawyer. Has worked diligently with me on my cases, and has even been able to work out nice deals when I myself have made multiple mistakes. In the courtroom, he is courteous but firm, and will make sure you get the best deal possible if he can't already get your case dropped. By far the best lawyer in the state of Texas, especially for drug related offences!
    - Chaise
    "David Sloane is the only person you want by your side in a courtroom!"
    David Sloan is the only person you want by your side in a courtroom! His knowledge, expertise, and efficiency are top of the line. He also communicates well with those surrounding the defendant. Highly recommend!
    - Laurie
    "If he can’t help you he knows someone that can."
    Great guy! Always helping out when it matters most. I recommend him to all my friends and family when in need and if he can’t help you he knows someone that can.
    - Judunn
    "David was very diligent about my case, and the prosecution did NOT want to argue with him."
    If you get arrested in Texas for anything David is probably going to be your best bet, especially if it is marijuana or DUI related. I am from Florida, and I got popped in Texas with a little over 20 pounds of cannabis, 400 grams of Hash, and an AR-15 type assault rifle. My bail was set at 50,000 dollars, and if convicted, I could have done 20+. I am affiliated with NORML, and heard through a network of people that David would be the right guy for the job, and he was. David was very diligent about my case, and the prosecution did NOT want to argue with him. He subpoena'd all the records from every single arrest made by the arresting officer in the last year, and worked a whole bunch of other magic, I have no idea what he did, but it worked. David is also affiliated with NORML, and on top of being a badass lawyer, he is a pretty cool guy to chill with. As soon as I met David, I did not speak with any other lawyers, I knew I was in good hands. After being charged with one first degree felony, one-second degree felony, and 2 third-degree misdemeanors, with David handling my case, he ended up getting all charges dropped except the hash charge, which got reduced AND deferred. The end result was a 1500 dollar fine, some court and lab fees, and 120 hours of community service, and since it was deferred, I am on probation until I finish the hours, but after I finish, I can get off early. Basically, I was facing 20+ years, and David pretty much got me off with what could be loosely regarded as a slap on the wrist. David handles all kind of cases from money laundering to marijuana cases, to dui's...with this guy by your side you know you are in good hands. Thanks David
    - Parker