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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.

  • Cases Dismissed Burglary of Habitation and Interfering with Emergency Call
  • Reduced to Obstruction of a Highway Driving While Intoxicated 2nd (DWI)
  • Charges Dismissed Deadly Conduct, Unlawful Carry of Weapon, and Possession of Marijuana <2oz
  • Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Criminal Trespass
  • Reduced to Misdemeanor Possession of 1 to 4 grams of Methamphetamine and Unlawful Carry of a Weapon

Testimonials From Real People

See What Clients Have Said About Us
    "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
    "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
    "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.
    "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
    "David Sloane is an absolute genius in the courtroom. He is BY FAR, the ONLY lawyer I would want by on side."
    David Sloane is an absolute genius in the courtroom. My case was incredibly complicated, to say the least. Lasting nearly a year and spanning over 5 states; Mr. Sloane refused to settle. He fought diligently for my rights. Proving he genuinely cares for his clients and the impact these cases can have on their lives. He goes above and beyond to educate himself and stay current on a rapidly changing medicinal industry. He is BY FAR, the ONLY lawyer I would want by on side. **Thank You again Mr. Sloane, you truly saved me!**
    - Mary
    "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
    "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
    "A lifesaver!"
    A lifesaver! He knows his stuff
    - Sam