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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 Sloane Law Firm 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.

  • Reduced to Obstruction of a Highway Driving While Intoxicated 2nd (DWI)
  • Charges Dismissed Keeping a Gambling Place & Intentionally & Knowingly Operate a Game Room
  • Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Criminal Trespass
  • Reduced Under 12.44 Motion to Adjudicate - Violation of Bond 2+ Times within 12 months, Publication of Intimate Visual Material, and Driving While Intoxicated
  • Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Possession of Methamphetamine 1-4 Grams

Testimonials From Real People

See What Clients Have Said About Us
    "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
    "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.
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    I am from Phoenix AZ and hired David Sloan for a case I had in Sierra Blanca TX! He was very professional and also personable! He made my tough situation a breeze to get through!! I recommend him for anyone who needs help with a mistake they have made in life and need a smooth way of fixing the problem and moving on!!
    - Levi
    "He's always been very efficient at what he does and I feel safest working with him. His work ethic is outstanding"
    David was able to save me a lot of hassle and money plus a case that if I handled myself. Would have been a nightmare brought to life turned into a cakewalk! He's always been very efficient at what he does and I feel safest working with him. His work ethic is outstanding and somewhat rare. David has supported me on 3 different cases.
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    Mr. Sloane and his office are definitely the right lawyers to choose to expect the best outcome of your case. He more than just helped me get through mine, he literally saved my family and I . I made a mistake as we all do, but this was a felony and he did everything in his power to keep me from going to prison and or lengthy probation. It was the best investment I made cause it paid off with minimal penalty. Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!
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    He is a great attorney I would recommend him to anyone. He moves mountains and he is straight forward with everything and he gives you all the options and lets you choose and he will advise you for what he thinks and more than likely right or you can go with what you want and both of you will roll the dice together and go with that option if you want to he does not strong arm you into anything. And after meeting and seeing people talk about him what he does in work and outside of work he is an all around great man. and would highly recommend retaining him.
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    "Mind blown."
    I couldn’t believe what he did for me when it was happening. I was not expecting that he would get my entire case DROPPED. I was expecting a felony on my name, but I left court a free man. He is well worth the cost. Thank you! Nobody else could have done what you have.
    - Ngeune P.