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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.

  • Case Dismissed - Motion to Suppress Granted Possession of Marijuana 5lbs to 50lbs
  • Cases Dismissed Possession of a Controlled Substance Under One Gram and Reckless Driving
  • Case Dismissed Driving While Intoxicated (DWI)
  • Reduced to Obstruction of a Highway Driving While Intoxicated 2nd (DWI)
  • Case Dismissed Assault Bodily Injury - Family Member

Testimonials From Real People

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    "He moves mountains and he is straight forward with everything"
    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.
    - Garret
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    If you’re looking for someone that’s gonna have your back and someone that’s going to get the best deal for you, this man right here is your guy. I can be in jail right now but if it wasn’t for him and what he the amount of work he puts in the city I am not I am very thankful he will work you and your budget time isn’t a factor but the sooner the better 1000 stars
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    A great, outgoing and easy to talk to attorney. Mr. Sloane gets right to the point and knows to handle a case. Worth your money I promise you. 5 stars! If I could.. 10!
    - Mary
    "He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David for your positive attitude, charisma, and wealth of experience."
    David Sloane is the only name you need to know if you find yourself in trouble. I was charged with possession of marijuana along with the other two people that were in the car with me. They were charged and given 12 months of probation, 80 hours of community service, a DOEP class, and a slew of other hoops to jump through. I had my case completely dismissed thanks to Mr. Sloane's hard work and dedication to his clients. Not to mention he drove 6 hours and made an overnight trip to represent me in Hale County. He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David, your positive attitude, charisma, and wealth of experience have made this whole process so much more bearable.
    - Erich
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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!
    - Derek
    "He is very kind and cares about you as a person, and he is VERY knowledgeable in his field."
    I wish I would have gone to this man in the first place. He is very kind and cares about you as a person, and he is VERY knowledgeable in his field. I felt like he would have fought for me and produced a better outcome than what I had, had I only known about him almost 4 years now prior. If you are in a bind with marijuana charges, please go see him. He not only will know what he is speaking to but educates you on how he will win. And if you get him, I am sure you will win.
    - Emily
    "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
    "Best lawyer in the DFW metroplex hands down"
    David and his staff are excellent in helping you understand everything that is going on. If you want a lawyer to fight for you and not do the bare minimum then David Sloane is the one to contact. I went from having a state jail felony and a class b misdemeanor, to just a class c misdemeanor no felony. He also got it set up to where my record is sealed. I really have no idea where I would be or what the outcome would have been if I didn't choose David as my attorney. Olga is also very helpful as well and does an excellent job of letting you know when and where you need to be, and also helps you understand things going on with your case. I give David and his team 5 stars because of how they treated me and what an outstanding job David did. Thank you so much for your help.
    - JC