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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 <2oz
  • 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 to Misdemeanor Possession of 1 to 4 grams of Methamphetamine and Unlawful Carry of a Weapon
  • Case Dismissed - Motion to Suppress Granted Possession of Marijuana 5lbs to 50lbs
  • Reduced to Misdemeanor Assault on a Security Officer

Testimonials From Real People

See What Clients Have Said About Us
    "He made my tough situation a breeze to get through!!"
    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
    "Highly recommended! Worth every penny."
    Highly recommended! Worth every penny. I had possession of marijuana under 2 ounces and he got it reduced to drug paraphernalia and a fine. He definitely knows what he is doing and is very creative with it!
    - Michael
    "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
    "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
    "David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known."
    David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known. He has helped my family time and time again. We only trust him with our legal issues and you should too. You will not be disappointed with the results. He will fight tooth and nail for you and will not stop. Choosing any other attorney is a mistake.
    - Matt
    "David Sloane and Associates are hands down the best attorneys in the DFW area I can’t recommend them enough."
    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!!!!
    - Jason
    "David was very diligent about my case, and the prosecution did NOT want to argue with him."
    If you get arrested in Texas for anything David is probably going to be your best bet, especially if it is marijuana or DUI related. I am from Florida, and I got popped in Texas with a little over 20 pounds of cannabis, 400 grams of Hash, and an AR-15 type assault rifle. My bail was set at 50,000 dollars, and if convicted, I could have done 20+. I am affiliated with NORML, and heard through a network of people that David would be the right guy for the job, and he was. David was very diligent about my case, and the prosecution did NOT want to argue with him. He subpoena'd all the records from every single arrest made by the arresting officer in the last year, and worked a whole bunch of other magic, I have no idea what he did, but it worked. David is also affiliated with NORML, and on top of being a badass lawyer, he is a pretty cool guy to chill with. As soon as I met David, I did not speak with any other lawyers, I knew I was in good hands. After being charged with one first degree felony, one-second degree felony, and 2 third-degree misdemeanors, with David handling my case, he ended up getting all charges dropped except the hash charge, which got reduced AND deferred. The end result was a 1500 dollar fine, some court and lab fees, and 120 hours of community service, and since it was deferred, I am on probation until I finish the hours, but after I finish, I can get off early. Basically, I was facing 20+ years, and David pretty much got me off with what could be loosely regarded as a slap on the wrist. David handles all kind of cases from money laundering to marijuana cases, to dui's...with this guy by your side you know you are in good hands. Thanks David
    - Parker
    "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