Drug Charges

The state of Texas considers drug possession — or possession of drug paraphernalia — a felony or misdemeanor, depending on both the type and amount of drugs you are accused of possessing.  Generally speaking, possessing less than four ounces of marijuana will be charged as a misdemeanor, while possessing even less than one gram of cocaine will be charged as a felony.  Controlled substances are divided into five penalty groups through the Texas Health and Safety Code, with marijuana having an additional category.  Even though some of the substances in these penalty groups may be technically legal, it can still be illegal to possess them without a valid prescription, therefore both the classification and punishment is dependent upon the type and amount of the controlled subject in your possession.  The table at the end of the page will give you a better idea of the different penalty groups associated with each controlled substance.

Possession

If you are simply riding in a car with others, and the police pull the car over and find illegal narcotics inside the vehicle, you could be arrested and charged along with the other passengers even if you had no idea the drugs were present.  However, merely being in the presence of drugs is not sufficient to convict you in the State of Texas, as the state must prove you were actually in possession of the drugs.  The Texas Penal Code defines possession in Section 1.07 as actual care, custody, or control.  Therefore, simply being in proximity of the drugs will not support a conviction, as the state must show that you intentionally had custody or control of the drugs.  The Law Offices of Carl David Ceder, PLLC defends those facing criminal charges for drug possession, whether the charges are simple possession, drug conspiracy, or manufacturing and delivery.  Even a seemingly minor drug possession charge could potentially have lifelong consequences.  Carl will work hard to keep you out of jail and your record clean.  Good people often find themselves in serious trouble regarding a drug possession charge, and Carl will respect you as a person, and do his absolute best to ensure your rights are always protected.

Delivery or Manufacturing

Your future could be at stake if you are charged with a crime involving manufacturing, possession or distribution of illegal drugs.  Because of the seriousness of the potential consequences, you should choose wisely when hiring your criminal defense attorney.  Under the Texas Controlled Substances Act, delivery of a drug is considered giving a controlled substance to another person, and is the equivalent of actually selling drugs, whether or not money changed hands.  An undercover officer is often used to entrap you into giving a controlled substance to him, then subsequently, you will be charged with delivery of a drug or narcotic.  Delivery charges are different from possession charges, and will vary according to both classification and amount.

Drug manufacturing can be defined as growing, producing, and/or possessing plants.  It can also include other naturally occurring elements such as cannabis seeds and marijuana plants, which are then used to make illegal controlled substances or producing illegal controlled substances which require the use of chemicals and laboratory equipment to produce (cocaine, methamphetamine, LSD or ecstasy).  Again, the penalties and punishments can be particularly stiff for delivery or manufacturing charges, and it is in your best interests to have a knowledgeable attorney to evaluate your case.  The Law Offices of Carl David Ceder, PLLC has the knowledge of how local and federal law enforcement agencies operate to make a case against you, and is fully aware of all effective defense strategies available.  These defenses can include challenging the probable cause for a search warrant as a violation of your 4th amendment right to be "free of an illegal search and seizure" of your property.  Carl will closely scrutinize the case from every angle, and will uncover any violations of your rights.  Call The Law Offices of Carl David Ceder, PLLC, today at 214.702.CARL (2275) and let them help you fight your drug case to keep you out of jail and your record clean.

Penalty Group
Controlled Substance
1 Cocaine, Heroin, Methamphetamine, GHB, oxycodone and hydrocodone
1A LSD
2 Ecstasy, PCP and Mescaline
3 Valium, Xanax and Ritalin
4 Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

Marijuana Possession:

Weight
Classification
Penalty
2 ounces or less Class B misdemeanor No more than 180 days in jail and/or a fine not to exceed $2,000
More than 2 ounces, less than 4 ounces Class A misdemeanor No more than 1 year in jail and/or a fine of not to exceed $4,000
More than 4 ounces, less than 5 pounds State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

More than 5 pounds, less than 50 pounds Third-degree felony 2 to 10 years in a state prison and/or a fine not to exceed $10,000
More than 50 pounds, less than 2,000 Second-degree felony 2 to 20 years in a state prison and/or a fine not to exceed $10,000

More than 2,000 pounds

Enhanced first-degree felony 5 to 99 years and a fine of not to exceed $50,000

 

The punishment ranges for the different Penalty Groups are as follows:

Possession - Penalty Group One

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • - 2 to 20 years if more than 4 grams but less than 200 grams
  • - 2 to 10 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Possession - Penalty Group One - A

  • - Life or 15 to 99 years if 8000 units or more
  • - Life or 5 to 99 years if more than 4000 units but less than 8000 units
  • - 2 to 20 years if more than 80 units but less than 4000 units
  • - 2 to 10 years if more than 20 units but less than 80 units
  • - 180 days to 2 years if less than 20 units

 

Possession - Penalty Group Two

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 4 grams but less than 400 grams
  • - 2 to 10 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Possession - Penalty Group Three

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 200 grams but less than 400 grams
  • - 2 to 10 years if more than 28 grams but less than 200 grams
  • - 180 days to 2 years if less than 28 gram

 

Possession - Penalty Group Four

  • - Life or 5 to 99 years if more than 400 grams
  • - 2 to 20 years if more than 200 grams but less than 400 grams
  • - 2 to 10 years if more than 28 grams but less than 200 grams
  • - 180 days to 2 years if less than 28 grams

 

Manufacturing or Delivery - Penalty Group One

  • - Life or 15 to 99 years if more than 400 grams
  • - Life or 10 to 99 years if more than 200 grams but less than 400 grams
  • - Life or 5 to 99 years if more than 4 grams but less than 200 grams
  • - 2 to 20 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Manufacturing or Delivery - Penalty Group One - A

  • - Life or 15 to 99 years if 4000 units or more
  • - Life or 5 to 99 years if more than 80 units but less than 4000 units
  • - 2 to 20 years if more than 20 units but less than 80 units
  • - 180 days to 2 years if less than 20 units

 

Manufacturing or Delivery - Penalty Group Two

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 4 grams but less than 400 grams
  • - 2 to 20 years if more than 1 gram but less than 4 grams
  • - 180 days to 2 years if less than 1 gram

 

Manufacturing or Delivery - Penalty Group Three

  • - Life or 10 to 99 years if more than 400 grams
  • - Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • - 2 to 20 years if more than 28 gram but less than 200 grams
  • - 180 days to 2 years if less than 28 gram

Contact Carl David Ceder

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Carl David Ceder is an experienced Criminal Drug Defense Attorney who practices all over the Dallas-Fort Worth Metroplex, including all of Dallas and Dallas County, Plano, McKinney and all of Collin County, Denton County, Fort Worth and all of Tarrant County, Ellis County, Rockwall County, Kaufman County, and all adjoining counties:

  • Dallas Criminal Drug Defense Attorney - Dallas, Highland Park, University Park, Addison, Cedar Hill, Carrollton, Cockrell Hill, Coppell, DeSoto, Duncanville, Garland, Grand Prairie, Grapevine, Irving, Lancaster, Lewisville, Mesquite, Richardson, Seagoville, Wilmer, Wylie
  • Collin County Criminal Drug Defense Attorney - Plano, McKinney, Frisco, Carrollton, Celina, Dallas, Fairview, Garland, Lucas, Melissa, Murphy, Nevada, New Hope, Prosper, Richardson, St. Paul, Westminster, Weston, Wylie
  • Denton County Criminal Drug Defense Attorney - Dallas, Argyle, Aubrey, Bartonville, Carollton, Coppell, Corinth, Denton, Flower Mound, Fort Worth, Hebron, Highland Village, Justin, Lake Dallas, Lakewood Village, Lewisville, Northlake, Plano, Prosper, Southlake, The Colony, Westlake
  • Tarrant County Criminal Drug Defense Attorney - Fort Worth, Keller, Southlake, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Flower Mound, Grapevine, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, River Oaks, Saginaw, Westlake
  • Rockwall County Criminal Drug Defense Attorney - Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rockwall, Rowlett, Royse City, Wylie, Munson, Blackland
  • Kaufman County Criminal Defense Attorney - Ables Springs, Combine, Cottonwood, Crandall, Dallas, Elmo, Forney, Grays Prairie, Kaufman, Kemp, Mabank, Mesquite, Oak Grove, Oak Ridge Poetry, Post Oak, Bend City, Rosser Scurry, Seagoville, Seven Points, Talty, Terrell
  • Ellis County Criminal Drug Defense Attorney - Bardwell, Cedar Hill, Ennis, Ferris, Grand Prairie, Glenn Heights, Mansfield, Maypearl, Midlothian, Ovilla, Pecan Hill, Red Oak, Waxahachie, Red Oak, Oak Leaf, Italy

Areas of Practice

 

Criminal Defense
  • All Criminal Defense Cases
  • Federal Charges
  • Juvenile Cases
  • Expunctions
  • Motions for Non-Disclosure
  • Motions to Revoke Probation
  • Federal Charges
  • Weapon Charges
  • Unlawful Carrying of a Weapon
  • Criminal Trespass
  • Terroristic Threat
  • Failure to Identify
  • Credit Card Abuse
  • Engaging in Organized Criminal Activity
  • Resisting Arrest
  • Evading
  • Theft
  • Shoplifting
  • Burglarly
  • Robbery
  • Murder
Personal Injury
  • All Personal Injury Claims
  • Car
  • Truck Accidents
  • Bicycle and Pedestrian Accidents
  • Motorcycle Accidents
  • Wrongful Death
  • Slip & Fall Claims
  • Premises Liability
  • Products Liability
  • Vehicle Defects
  • Medical Malpractice Claims
  • Day-Care Liability
  • Nurshing Home Negligence
DWI/DUI
  • All DWI Charges
  • Driving While Intoxicated (DWI)
  • Driving While Intoxicated (DWI) 2nd or More
  • Driving While Intoxicated with Child Passenger
  • Intoxication Assault
  • Intoxication Manslaughter
  • Driving Under the Influence (DUI)
  • Occupational Driving Licenses
  • Administrative License Revocation Hearings (ALR's)
  • Driving While License Invalid
  • Public Intoxication
  • Minor in Possession of Alcohol
Drug Charges
  • All Drug Charges
  • Possession of Marijuana
  • Felony Drug Charges
  • Possession of a Controlled Substance
  • Delivery of a Controlled Substance
  • Drug Manufacture/Sales
  • Trafficking
  • Importation
  • Cultivation
  • Marijuana
  • Cocaine
  • Methamphetamines
  • Prescription Drug Charges
  • Possession of Drug Paraphernalia
  • Possession of Manufacturing Equipment
Assault Charges
  • All Assault Charges
  • Assault Bodily Injury
  • Domestic Violence
  • Assault & Family Violence
  • Protective Order Hearings
  • Aggravated Assault
  • Aggravated Assault with a Deadly Weapon
  • Sexual Assault
  • Aggravated Sexual Assault
  • Kidnapping
  • Manslaughter
  • Involuntary Manslaughter
White Collar Crime
  • All White Collar Crimes
  • Fraud
  • Mortgage Fraud
  • Credit Card Fraud
  • Insurance Fraud
  • Bank Fraud
  • Computer Fraud
  • Bribery
  • Embezzlement
  • Extortion
  • Money Laundering
  • Insider Trading
  • Securities Trading
  • Misapplying Property
  • Counterfeiting
  • Racketeering
  • Tax Evasion
Sex Offenses
  • All Sexual Offenses
  • Sexual Assault
  • Aggravated Sexual Assault
  • Sexual Assault of a Child
  • Rape
  • Statutory Rape
  • Indecency with a Child
  • Indecent Exposure
  • Lewd Conduct
  • Prostitution
  • Solicitation of a Prostitute
  • Child Ponography
  • Solicitation of a Minor
Family Law
  • Divorces
  • Child Support
  • Child Custody
  • Modifications
  • Adoptions
  • Orders of Protection

 

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