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.
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.
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Reduced to Class C Non-Reporting Probation Criminal Trespass
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Case Dismissed Driving While Intoxicated (DWI)
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Charges Dismissed Keeping a Gambling Place & Intentionally & Knowingly Operate a Game Room
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Charge Dismissed Possession of Marijuana <2oz
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Case Dismissed Possession of a Controlled Substance Under One Gram in a Drug Free Zone
Testimonials From Real People
See What Clients Have Said About Us
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"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
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"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.- Daniel
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"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
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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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"A lifesaver!"A lifesaver! He knows his stuff- Sam
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"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
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"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
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"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
