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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 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.
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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.

  • Unlawful Stop - Charge Dismissed Possession of Marijuana <2oz
  • Reduced to Misdemeanor Assault on a Security Officer
  • Case Dismissed Possession of Methamphetamine Under One Gram
  • Charges Dismissed Keeping a Gambling Place & Intentionally & Knowingly Operate a Game Room
  • Charges Dismissed Deadly Conduct, Unlawful Carry of Weapon, and Possession of Marijuana <2oz

Testimonials From Real People

See What Clients Have Said About Us
    "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
    "Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!"
    Mr. Sloane and his office are definitely the right lawyers to choose to expect the best outcome of your case. He more than just helped me get through mine, he literally saved my family and I . I made a mistake as we all do, but this was a felony and he did everything in his power to keep me from going to prison and or lengthy probation. It was the best investment I made cause it paid off with minimal penalty. Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!
    - Derek
    "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
    "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
    "5 stars! If I could.. 10!"
    A great, outgoing and easy to talk to attorney. Mr. Sloane gets right to the point and knows to handle a case. Worth your money I promise you. 5 stars! If I could.. 10!
    - Mary
    "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 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
    "I consider this money well spent. He did a great job."
    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.
    - Slade