Drug Crime Defense
Texas drug crime defense — possession, delivery, trafficking, paraphernalia, prescription, marijuana, fentanyl, and controlled-substance schedules.
Topic Overview
Texas drug-crime defense is fundamentally a fight over two questions: was the search lawful, and did the State correctly identify the substance and its weight. The Health and Safety Code organizes controlled substances into four Penalty Groups (PG-1, PG-1A, PG-1B, PG-2, PG-2A, PG-3, PG-4) — each with its own penalty matrix that scales with weight measured in grams including adulterants and dilutants. Misclassification of a substance, contamination of the lab sample, chain-of-custody breaks at the DPS Crime Lab, and unconstitutional warrantless searches are the four pressure points that most often turn a felony allegation into a dismissal or reduction. Reggie London and Njeri London, Co-Founding Partners at L and L Law Group, have litigated possession, manufacture-and-delivery, paraphernalia, prescription-fraud, and federal trafficking cases across Collin, Dallas, Denton, and Tarrant counties. The posts below cover the 2026 fentanyl-trafficking enhancements, marijuana versus hemp distinctions post-HB 1325, Penalty Group 1 vs PG-1A vs PG-1B sentencing math, and the deferred-adjudication and pretrial-diversion outcomes that keep a drug case off your record. If you are looking at a federal indictment, jump straight to the federal-defense topic.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Drug Penalty Group Calculator, Texas DWI Penalty Calculator, Texas Bond Amount Estimator.
Legal Glossary
Defined terms: Penalty Group, Possession (Tex. Health & Safety Code), Fentanyl.
Practice Area
If you are facing a charge, see Drug Crime Defense — Practice Area Overview for representation details.
Key Defined Terms
- Penalty Group
- One of seven schedules (PG-1, PG-1A, PG-1B, PG-2, PG-2A, PG-3, PG-4) under the Texas Controlled Substances Act, Tex. Health & Safety Code §481.102-105, that classifies controlled substances by abuse potential and medical use, with each group having a tiered penalty matrix based on weight.
- Adulterants and Dilutants
- Substances added to a controlled substance. Texas counts the total weight including adulterants and dilutants when calculating penalty-tier exposure — meaning a 1-gram packet of cocaine cut with 4 grams of inert material is charged as a 5-gram offense.
- Motion to Suppress
- A pretrial motion under Tex. Code Crim. Proc. art. 38.23 asking the court to exclude evidence obtained through an unconstitutional search or seizure. If granted, the evidence is excluded at trial — often leading to dismissal.
Frequently Asked Questions
What is the difference between Penalty Group 1 and Penalty Group 1B in Texas?
Penalty Group 1 (PG-1) covers cocaine, heroin, methamphetamine, oxycodone, and related opioids. Penalty Group 1B (PG-1B) is the 2026-enhanced fentanyl group with its own weight-tiered penalty matrix. Possession of 0.1 grams of fentanyl in PG-1B is a state-jail felony; the same weight in PG-1 is also state-jail, but PG-1B carries automatic enhancements and stricter probation eligibility per the 2025 legislative update.
Can a Texas marijuana case still be filed if I had under 2 ounces?
Yes — but the prosecutor's office now must confirm the substance is marijuana (THC concentration over 0.3%) and not hemp (THC under 0.3%). After Texas HB 1325 (2019) legalized hemp, many DA offices in Collin, Dallas, and Tarrant counties declined to file under-2-oz cases pending lab THC quantification, creating a de facto enforcement gap. Possession of any amount still remains a criminal offense under Tex. Health & Safety Code §481.121.
What is a 'possession with intent to deliver' charge in Texas?
Manufacture or delivery of a controlled substance under Tex. Health & Safety Code §481.112-115. The State proves intent through circumstantial evidence: large quantity, packaging in distribution units, scales, ledgers, large cash on hand, or text-message records. The penalty range jumps dramatically — PG-1 possession of 4 grams is a 2nd-degree felony (2-20 years); the same 4 grams charged as delivery is 1st-degree (5-99 years or life).
Can I get probation or deferred adjudication on a felony drug case in Texas?
Yes, in most cases — though some PG-1 trafficking quantities trigger mandatory-prison penalties that exclude probation. First-time possession defendants are often eligible for deferred adjudication under Tex. Code Crim. Proc. art. 42A.101, which keeps the case off the conviction record if the probation is completed. Some counties (Collin, Dallas) operate drug-court diversion programs that combine treatment, monitoring, and case dismissal.
What is the Texas Fourth Amendment standard for a car search during a traffic stop?
Texas adopts the federal Fourth Amendment standard: police need probable cause to search a vehicle without a warrant (the 'automobile exception'). Probable cause must be based on articulable facts — the smell of marijuana alone is no longer probable cause in many Texas courts after the hemp legalization, and a hunch or 'nervous behavior' is constitutionally insufficient. A motion to suppress under Tex. Code Crim. Proc. art. 38.23 challenges every drug case where the search was warrantless.
Texas H&S §481.140 Aggregation of Weight in Drug Cases
Texas drug weight aggregation under § 481.002(5) and § 481.140 — adulterants and dilutants, continuous-course aggregation, defense challenges.
Texas H&S §481.1122 Possession of Penalty Group 1-B (Fentanyl) — Enhanced Penalties
Texas H&S § 481.1122 fentanyl possession — enhanced penalties one level higher than PG 1. Murder enhancement for fentanyl-caused death. Defense strategy.
Texas H&S §481.118 Possession of Controlled Substance Penalty Group 4
Texas H&S § 481.118 possession of PG 4 substances — low-dose narcotic combos, buprenorphine. Class B misdemeanor under 28g, prescription defense.
Texas H&S §481.117 Possession of Controlled Substance Penalty Group 3
Texas H&S § 481.117 possession of PG 3 substances — Xanax, Valium, codeine syrup. Misdemeanor under 28g, prescription defense, possession analysis.
Texas H&S §481.116 Possession of Controlled Substance Penalty Group 2
Texas H&S § 481.116 possession of PG 2 controlled substances — MDMA, psilocybin, mescaline. Weight tiers, PG 2-A carveout, identification defenses.
Texas H&S §481.115 Possession of Controlled Substance Penalty Group 1
Texas H&S § 481.115 possession of PG 1 controlled substances — penalty tiers by weight, aggregation rule, drug-free zone enhancement, defense strategy.
How Much Weed Is a Felony in Texas?
Texas marijuana felony threshold: 4 ounces (state-jail felony). 5 pounds (third-degree). 50 pounds (second-degree). 2,000 pounds (first-degree).
Drug Cravings Management — Texas Probation Drug Test Survival Tools
Managing drug cravings during Texas probation — practical strategies for getting through acute moments.
Opioid Detox — Texas Court-Ordered Treatment Centers
Opioid detox process. Texas court-ordered treatment centers, MAT options, withdrawal management, fentanyl crisis context.
Heroin Rehab in Texas — Court-Ordered Recovery Programs
Texas heroin rehab options including MAT (methadone, Suboxone, Vivitrol). Court-ordered programs, drug court framework, fentanyl crisis context.
Suboxone Maintenance — Texas Buprenorphine Compliance
Suboxone (buprenorphine/naloxone) maintenance for opioid use disorder. Texas probation compliance, drug testing, MAT continuation.
Drug Rehab in Texas — Court-Ordered vs Voluntary Treatment
Texas drug rehab — comparing court-ordered and voluntary treatment options, outcomes, considerations.
Methadone Maintenance — Texas MTD Probation Compliance
Methadone maintenance treatment (MMT) for opioid use disorder. Texas MTD clinic regulations, probation compliance, drug testing implications.
NA (Narcotics Anonymous) — Texas Probation Drug Test Compliance
Narcotics Anonymous (NA) for drug addiction recovery. Texas probation compliance, drug court participation, 12-step framework for non-alcohol substances.
Drug Rehab in Texas — Court-Ordered Treatment Reference
Texas drug rehab options: outpatient, IOP, PHP, inpatient, SAFPF. Court-ordered treatment programs and Texas drug court alternatives.
Suboxone Maintenance — Texas Buprenorphine Prescription Compliance
Suboxone (buprenorphine) maintenance treatment, Texas prescription compliance, BUP drug testing.
Methadone Maintenance — Texas MTD Probation Drug Test Compliance
Methadone maintenance treatment, Texas MTD drug test compliance, OTP framework.
Fentanyl Fold — Texas Drug Charges Explained
Fentanyl fold (bent-over posture from fentanyl) explained. Texas HB 6 (2023) enhanced fentanyl penalties. Overdose response and Naloxone access.
Opioid Detox — Texas Court-Ordered Treatment Centers
Opioid detox options in Texas — court-ordered programs, MAT integration, withdrawal management.