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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 Class C Non-Reporting Probation Falsification of Drug Test Results
  • Case Dismissed Indecent Exposure
  • Reduced to Misdemeanor Tampering with Evidence
  • Cases Dismissed Possession of a Controlled Substance Under One Gram and Reckless Driving
  • Case Dismissed, Motion to Suppress Granted Possession of Marijuana <2oz

Testimonials From Real People

See What Clients Have Said About Us
    "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.
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    David Sloane and Associates are hands down the best attorneys in the DFW area I can’t recommend them enough. I Was charged with a DWI and they got me the best deal you could ask for. Again, I can’t stress this enough if you’re in need of an attorney for pot or DWi charges, CALL THESE GUYS!!!!
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    I hired David Sloane to defend me against marijuana charge. He gave me the option of charging a flat fee. It was explained to me my cost would be fixed regardless of whether it took him one appearance in court or ten. I agreed to this as a means of limiting my legal cost. He was able to get the charges against me dismissed. I consider this money well spent. He did a great job for the price quoted.
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