L and L Law Group defends Texas state and federal drug cases — possession, PWID, trafficking, conspiracy.
Penalty ReferenceWhat Are the Texas Drug Penalty Groups and Possession Penalties?Tap to viewHide
Texas drug penalties depend on the substance's Penalty Group, the quantity possessed, and any aggravating factors. The table below summarizes possession penalties under TX Health & Safety Code §§481.115-.121.
Texas Drug Possession Penalty Matrix
Penalty Group
Common Drugs
Quantity
Classification
Statute
PG 1
Cocaine, heroin, methamphetamine, fentanyl
< 1 g
State Jail Felony
§481.115(b)
PG 1
Cocaine, heroin, meth, fentanyl
1 – 4 g
3rd-Degree Felony
§481.115(c)
PG 1
Cocaine, heroin, meth, fentanyl
4 – 200 g
2nd-Degree Felony
§481.115(d)
PG 1
Cocaine, heroin, meth, fentanyl
200 – 400 g
1st-Degree Felony
§481.115(e)
PG 1
Cocaine, heroin, meth, fentanyl
400+ g
Enhanced 1st-Degree (10–99 yrs / life)
§481.115(f)
PG 2
MDMA, ecstasy, mescaline
Tiered same as PG 1
State Jail – 1st-Degree
§481.116
Marihuana
Marijuana
≤ 2 oz
Class B Misdemeanor
§481.121(b)(1)
Marihuana
Marijuana
2 – 4 oz
Class A Misdemeanor
§481.121(b)(2)
Marihuana
Marijuana
4 oz – 5 lbs
State Jail Felony
§481.121(b)(3)
Source: TX Health & Safety Code Ch. 481. Drug-free zones (§481.134) trigger automatic enhancements.
Texas Bar Licensed20+ Years Criminal DefenseTCDLA MemberFormer Dallas County DAAvailable 24/7Se Habla Español
L and L Law Group defends Texas state and federal drug cases — possession, PWID, trafficking, conspiracy. Article 38.23 suppression, lab challenges, drug-court alternatives. Free 24/7. (214) 466-1398.
L and L Law Group is a Frisco-based criminal defense firm. Reggie London prosecuted in the Dallas County District Attorney's Office before joining the defense bar; Njeri London is the firm's managing attorney. Together they have defended thousands of cases across Dallas, Collin, Denton, Tarrant, and the surrounding DFW counties. We answer the phone at any hour because that is when most cases need defense work.
Your Attorneys
Texas Criminal Defense Counsel
Njeri London
Co-Founding Partner
Texas Bar No.: 24043266
Licensed since: 2006
Law school: Thurgood Marshall School of Law
Memberships: State Bar of Texas, TCDLA
“Texas drug cases are won and lost on the search. Every traffic stop has a moment where the officer either had legal authority or did not. Finding that moment in body-cam footage is what separates a defense lawyer from someone who just shows up at court.”
Reggie London
Co-Founding Partner
Texas Bar No.: 24043514
Licensed since: 2005
Law school: Thurgood Marshall School of Law
Former: Dallas County District Attorney’s Office
Memberships: State Bar of Texas, TCDLA
“I worked the Dallas County drug docket. The State files in volume because the volume hides the weak cases. A defense file that pulls every search affidavit and tests every consent claim breaks more cases than any single dramatic motion.”
This page was written and reviewed by Njeri London, State Bar of Texas No. 24043266, and Reggie London, State Bar of Texas No. 24043514. Last reviewed: April 2026.
Quick Answer
Texas drug cases under Health & Safety Code Chapter 481 are graded by Penalty Group and weight, ranging from Class B misdemeanor (under 2 oz of marijuana) to first-degree felony life sentences (PG-1 over 400 grams). Federal trafficking under 21 U.S.C. §841 carries mandatory minimums. L and L Law Group defends both.
What Texas Drug Charges Does L and L Law Group Defend?
Possession of Controlled Substance (PG-1, PG-2, PG-3, PG-4) under Health & Safety Code §481.115–§481.118 — graded by weight from state-jail felony to first-degree.
Possession with Intent to Deliver (PWID) under §481.112 — circumstantial evidence of intent (quantity, packaging, scales, ledgers, multiple phones).
Manufacture or Delivery of Controlled Substance under §481.112–§481.114.
Marijuana Possession under §481.121 — graded from Class B (under 2 oz) to first-degree felony (2,000+ pounds).
Hemp-versus-Marijuana challenges based on the 0.3% THC threshold.
Drug-Free Zone enhancements under §481.134 — adds one offense level within 1,000 ft of schools, parks, youth centers.
Drug Paraphernalia under §481.125.
Federal Drug Trafficking under 21 U.S.C. §841 — mandatory minimums, U.S. Sentencing Guidelines.
Federal Drug Conspiracy under 21 U.S.C. §846 — same penalties as the underlying offense.
Why Article 38.23 Matters in Drug Cases
Texas drug cases live or die on the search. Every traffic stop has a moment where the officer either had legal authority or did not. The same is true of every consent search, every warrant, every "plain view" claim. Code of Criminal Procedure Article 38.23 excludes from trial any evidence obtained in violation of the U.S. or Texas Constitution. Successful suppression typically ends the State's case entirely.
The work happens in the body-cam footage, the search-warrant affidavit, and the consent-form language. Franks v. Delaware challenges target false or material misstatements in the affidavit. Consent-form challenges target language indicating the consent was not voluntary. Inventory-search and "plain view" claims have specific elements that the State must prove.
Video: DEA Diversion Control — Controlled Substance Schedules and Enforcement — Drug Enforcement Administration. Visit the official channel →
Diversion, Drug Court, and Sealing
Many DFW counties operate pretrial-diversion programs and specialty drug courts that can convert a conviction-track case to a dismissal-track case. Eligibility varies by county and offense. Collin County has among the most generous first-offender drug diversions; Dallas County operates a drug-court program for qualifying offenders; Tarrant County has more limited diversion but expanded under recent administrations.
SB 731 (2023) materially expanded record-clearing eligibility for many drug cases that were previously ineligible. We screen every drug case for both pre-disposition diversion and post-disposition sealing.
Drug-Free Zone, School-Zone, and Federal-Triggering Facts
Texas drug-free zone enhancement under Health & Safety Code §481.134 adds one offense level when the offense occurred within 1,000 feet of a school, playground, or youth center. The State must prove the location element and many enhancements fail at the proof stage. We litigate the GIS data and on-scene measurements.
Federal prosecution typically requires interstate, large-quantity, or organizational evidence. State and federal authorities sometimes coordinate on cases that cross thresholds (5g meth, 28g crack, 1kg heroin, 100 marijuana plants). The forum decision affects exposure dramatically — federal cases lack parole and have mandatory minimums under 21 U.S.C. §841.
How We Defend Drug Crime Defense Cases
Our Five-Step Defense Process
01
Free Consultation + Search Analysis
Every Texas drug case lives or dies on the search. We walk through the stop, consent, or warrant on the first call and identify the constitutional ground for challenge.
02
Lab and Affidavit Investigation
Lab reports, search-warrant affidavits, body-cam, dash-cam, chain-of-custody records. Franks challenges to the affidavit. Hemp-versus-marijuana lab confirmation. Affirmative-links analysis on shared-space possession.
03
Pretrial Suppression Practice
Article 38.23 motions to suppress under Texas and federal constitutional grounds. Successful suppression typically ends the State's case for lack of admissible evidence.
04
Diversion or Plea Negotiation
Pretrial diversion (Collin County and select others), drug court, treatment-track, dismissal of drug-free zone enhancements under §481.134, charge reduction, or deferred adjudication where facts support it.
05
Trial-Ready + SB 731 Sealing
Lab-tech cross-examination, expert toxicology where needed, full trial workup. After resolution, we screen for SB 731 expanded sealing and nondisclosure eligibility.
Client Outcomes
Recent Client Reviews & Case Results
Recent Client Reviews
★ ★ ★ ★ ★
“Federal traffic stop, 600 grams of meth in the trunk. I figured I was looking at fifteen years. They got the search thrown out under the Fourth Amendment and the entire case collapsed.”
★ ★ ★ ★ ★
“Possession with intent in Plano. The State wanted state jail. They got me into the deferred-adjudication program, and after eighteen months everything sealed under SB 731. My background is clean.”
★ ★ ★ ★ ★
“My son got caught with weed at school. They handled both the criminal side and the school disciplinary hearing. He kept his record clean and his place at the magnet program.”
Representative Case Results
Federal drug conspiracy: probation only — Safety-valve relief plus full §3553(a) variance brought sentence to time served plus probation. TXED, 2024.
PG-1 manufacture/delivery dismissed — Lab evidence excluded after chain-of-custody challenge; State could not proceed. Dallas County, 2024.
Drug-free zone enhancement stricken — §481.134 enhancement removed; underlying possession reduced to state-jail. Tarrant County, 2024.
Possession with intent reduced to simple — After investigation showed no scales, packaging, or buyer evidence; PWID dropped. Collin County, 2023.
Marijuana case dismissed (hemp defense) — Lab analysis confirmed THC under 0.3% threshold. Denton County, 2024.
Past results do not guarantee similar outcomes. Each case is unique and depends on its own facts and applicable law.
Frequently Asked Questions
Drug Crime Defense — FAQ
Texas categorizes controlled substances into Penalty Groups under Health & Safety Code Chapter 481. PG-1 (cocaine, heroin, methamphetamine, oxycodone), PG-1A (LSD), PG-1B (fentanyl), PG-2 (PCP, MDMA), PG-3 (Xanax, Valium), and PG-4 (codeine compounds). Penalties scale by group and weight.
No. Recreational and medical marijuana remain criminal under Texas law except for limited medical-cannabis use under the Compassionate Use Program (Health & Safety Code Chapter 487). Hemp containing under 0.3% THC is legal under federal and Texas law and has produced many marijuana-case dismissals when lab analysis confirms hemp.
PWID (Health & Safety Code §481.112 for PG-1) is a more serious charge than simple possession because it requires only circumstantial evidence of intent — quantity, packaging, scales, ledgers, large cash, multiple phones. Texas does not require an actual sale to charge PWID. Defense work centers on the intent element.
Yes. Many DFW counties operate specialty courts for drug-related offenses, including drug court, DWI court, mental-health court, and veterans court. Eligibility varies by county and offense; participation requires a plea but typically results in a non-conviction outcome upon successful completion.
Federal prosecution requires interstate, large-quantity, or organizational evidence. Trigger thresholds vary by drug: 5 grams of meth, 28 grams of crack, 1 kilogram of heroin, 100 plants of marijuana. Federal cases run on the U.S. Sentencing Guidelines and have mandatory minimums under 21 U.S.C. §841.
Yes. Texas nursing, medical, education, real-estate, and pharmacy boards all have reporting requirements and can impose sanctions for drug-related convictions. The trigger is often the conviction, not the conduct, so charge structure during plea negotiation matters greatly.
Yes — through "constructive possession" under Texas Penal Code §1.07. The State must prove knowing possession through "affirmative links" (proximity, ownership of the location, presence of paraphernalia, statements). Affirmative-links challenges are central to many Texas drug defenses.
Under Health & Safety Code §481.134, drug offenses within 1,000 feet of schools, playgrounds, or youth centers carry a one-degree enhancement. The State must prove the location element; many enhancements fail at the proof stage.
Texas drug cases typically resolve within 4 to 12 months for misdemeanors and 6 to 18 months for felonies. Federal drug cases run 12 to 24 months. Lab analysis backlogs at DPS labs can extend timelines significantly.
Engagement fees vary based on charge level (misdemeanor possession versus felony PWID versus federal trafficking), county, complexity of the search, and trial likelihood. We offer free consultations and flat-fee pricing with payment plans.
Free Downloads
Drug Crime Defense — Intake Form & Cheatsheet
Download, print, and bring to your free consultation — or fill out and email back to info@landllawgroup.com.
This website is for general information purposes only and constitutes attorney advertising under the Texas Disciplinary Rules of Professional Conduct. Nothing on this site should be taken as legal advice. This information does not create an attorney-client relationship.
Past results do not guarantee similar outcomes. Each case is unique and must be evaluated on its own facts and circumstances.
L and L Law Group, PLLC attorneys are licensed in Texas. Njeri London (Texas Bar No. 24043266) is the attorney responsible for the content of this page. Reggie London (Texas Bar No. 24043514). None of the attorneys at L and L Law Group, PLLC are Board Certified by the Texas Board of Legal Specialization unless specifically and separately stated.
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Complete Guide
Texas Drug Crime Defense — Resources on This Site
Every related charge, jurisdiction, and explainer we publish. 9 charge variants and 10 substantive articles.