Getting charged with a drug crime in Fort Worth means you are facing a legal system with specific categories for controlled substances, known as Penalty Groups, which determine the severity of your punishment.
Penalties range from a Class B Misdemeanor for small amounts of marijuana to a first-degree felony with a potential life sentence for possessing larger quantities of substances like cocaine or heroin. The situation is complicated by shifting local priorities; while the Tarrant County District Attorney’s office has expanded rehabilitative programs, prosecutors continue to aggressively pursue charges, especially for THC concentrates, which are treated as felonies.
However, a charge is not a conviction. If you have a question about a recent drug charge in Tarrant County, call Fulgham Hampton Criminal Defense Attorneys for a clear explanation of your situation at (817) 877-3030.
What Am I Actually Facing? A Clear Guide to Texas Drug Penalty Groups
When you are faced with a drug charge, the first and most pressing question is, "What happens now?" In Tarrant County, the answer begins with a system laid out by state law. Local courts strictly follow the Texas Health and Safety Code's classification system, and the specific Penalty Group your charge falls under is the single most important factor in determining the potential punishment you face.
What are Penalty Groups?
The Texas legislature created a framework to categorize illegal drugs into different groups. This system, found in the Texas Controlled Substances Act, organizes substances based on their potential for abuse and whether they have any accepted medical use. The logic is straightforward: the lower the penalty group number, the more serious the legislature considers the substance, and the harsher the potential penalty becomes.
Penalty Group 1 (PG1) and 1-A: The Most Serious Offenses
This group contains substances that the state considers the most dangerous and addictive. A conviction for a PG1 offense carries severe, life-altering consequences.
- Substances: This group includes opiates (like heroin and fentanyl), cocaine, methamphetamine, and ketamine. Lysergic acid diethylamide (LSD) is classified separately but similarly in Penalty Group 1-A.
- Penalties: The penalties escalate quickly based on weight. Possessing even less than one gram of a PG1 substance is a state jail felony, which is punishable by 180 days to two years in a state jail facility. For larger amounts, the penalties become extreme. Possessing between 200 and 400 grams is a first-degree felony, carrying a potential sentence of 10 to 99 years—or even life—in prison.
- Local Context: Tarrant County prosecutors take these charges very seriously. In the 2022 fiscal year, 2,462 people in Tarrant County were charged with the felony offense of possessing less than one gram of a controlled substance. This statistic shows a clear focus on prosecuting even trace amounts of these drugs.
Penalty Group 2 (PG2) and 2-A: Hallucinogens and the THC Concentrate Trap
Penalty Group 2 covers a range of hallucinogenic substances and includes a category of THC products that trips up many people in Fort Worth.
- Substances: PG2 includes drugs like PCP, mescaline, and synthetic cannabinoids, which are sometimes sold as "K2" or "Spice."
- The THC Concentrate Trap: Under Texas law, the definition of "marijuana" is limited to the physical plant material. Any concentrated form of THC—the psychoactive component—is treated as a Penalty Group 2 substance. This means vape pens, waxes, and edibles are not charged as marijuana offenses. Possession of under one gram of a THC concentrate is a state jail felony, a charge that comes as a shock to many who assumed the consequences would be similar to marijuana possession.
Penalty Group 3 (PG3) and 4 (PG4): Prescription Medications
These groups deal primarily with controlled substances that have recognized medical uses but are illegal to possess without a valid prescription.
- Substances: PG3 and PG4 include a wide variety of stimulants, depressants, and narcotics. Common examples include Valium, Xanax, Ritalin, and compounds containing small amounts of codeine.
- Penalties: While the penalties are generally less severe than for PG1 or PG2, possessing these medications without a prescription still leads to felony charges, especially as the quantity increases.
If you are unsure what you've been charged with or what it means, a conversation with a Fort Worth Drug Crimes Lawyer provides immediate clarity.
How Fort Worth Courts Are Sentencing Drug Offenses in 2025
While some national trends suggest a move away from incarceration for certain drug offenses, federal and local enforcement in the Fort Worth area remains vigorous. It's a mistake to assume that a drug charge, even a first-time offense, will simply go away.
Are First-Time Offenders Going to Jail?
This is one of the most common questions, and the answer is not always comforting. It depends entirely on the specific charge, the penalty group, the amount, and your personal history. While Tarrant County does offer diversion programs designed to help people avoid a conviction, these programs are not an automatic guarantee. An application is required, and eligibility is strict.
A first-time charge for possessing less than a gram of a Penalty Group 1 substance—like cocaine or methamphetamine—is a felony. Without a well-prepared defense strategy aimed at securing a place in a diversion program or challenging the evidence, state jail time is a very real possibility.
Sentencing Enhancements That Change Everything
Certain factors dramatically increase the severity of a drug charge. Prosecutors use these enhancements to gain leverage in plea negotiations.
- Drug-Free Zones: Under Texas Health and Safety Code § 481.134, any drug offense committed within 1,000 feet of a school, playground, or youth center is subject to an automatic penalty enhancement. A state jail felony, for example, becomes a third-degree felony. This effectively doubles the potential minimum prison sentence.
- Possession with Intent to Deliver: You do not have to be caught in the middle of a hand-to-hand sale to face this charge. Prosecutors argue you had "intent to deliver" based on circumstantial evidence. Things like the quantity of the drug, the presence of scales, small plastic baggies, or large amounts of cash are used to elevate a simple possession charge into a much more serious trafficking offense.
The Federal Factor: Operation Showdown
Not all drug cases stay in state court. Large-scale investigations, particularly those involving distribution networks or significant quantities of narcotics, attract federal attention. In a recent Fort Worth initiative dubbed "Operation Showdown," a multi-agency operation resulted in dozens of arrests on federal charges for drug and firearms offenses. In August 2025, 18 of these defendants pleaded guilty to charges that included trafficking cocaine, methamphetamine, and fentanyl.
When a case is prosecuted federally, it falls under Title 21 of the U.S. Code, a body of law that includes strict mandatory minimum sentences. This federal involvement underscores the high stakes in certain Tarrant County drug cases and the need for a defense that is prepared for challenges at both the state and federal levels.
Building Your Defense: Common Strategies in Tarrant County Drug Cases
An arrest for a drug crime is the beginning of the legal process, not the end. The evidence collected by law enforcement is not always as solid as it appears, and the Tarrant County District Attorney's focus on rehabilitation has created opportunities for alternative resolutions.
Our firm has years of experience handling drug cases in Fort Worth courts, and we approach every case by first examining the strength of the government's evidence.
Challenging the Evidence Against You
A prosecutor's case is built on a foundation of evidence. If that foundation is weak or flawed, the entire case falls apart. We meticulously analyze every detail of the arrest and the evidence collected.
- Illegal Search and Seizure: The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. Did the police have a legal reason to pull your car over? Did they have a valid warrant to search your home? If the search was conducted illegally, any evidence discovered as a result of that search may be suppressed. This is a legal term that simply means the prosecution is forbidden from using that evidence against you. Frequently, this is enough to have the entire case dismissed.
- Problems with "Possession": The government must do more than just prove that drugs were found near you. They must prove that you knowingly and intentionally possessed the substance. This is difficult for them to prove in certain situations. For example, were you driving a friend's car? Were there other passengers in the vehicle? We build a defense arguing that the drugs were not yours or that you were completely unaware of their presence.
- Chain of Custody and Lab Analysis: Evidence must be handled according to strict protocols. We scrutinize the chain of custody—the documented record of who handled the evidence from the moment it was seized to the time it was analyzed in a lab. Any mistake, break in the chain, or error in the lab's analysis creates the reasonable doubt needed to win a case.
Seeking Alternatives to Conviction
When the evidence presents a significant challenge, the focus may shift from a trial to finding a resolution that protects your record and your future. Tarrant County has several programs designed for this purpose.
- Tarrant County's Deferred Prosecution Program (DPP): A deferred prosecution program is an agreement with the prosecutor's office. In exchange for completing specific conditions—such as educational classes, community service, and remaining law-abiding for a set period—the charges against you are dismissed. For many first-time offenders, this is the primary goal. A successful completion of DPP allows you to later petition the court for an expunction, which legally destroys all records of the arrest and charge.
- First Offender Drug Program (FODP): This is another Tarrant County initiative aimed at rehabilitation over punishment. It is a court-supervised program for eligible, low-risk, first-time offenders that, upon successful completion, results in the case being dismissed.
- Plea Negotiations: In situations where the evidence is particularly strong, our role becomes one of damage control. We negotiate directly with the prosecutor to achieve a better outcome than you might receive at trial. This could involve reducing a felony charge to a misdemeanor, arguing for probation instead of jail time, or finding another resolution that minimizes the long-term consequences.
Beyond the Courtroom: The Hidden Consequences of a Drug Conviction
Your Driver's License is at Risk
Many people are surprised to learn that a conviction for any drug offense in Texas—even a misdemeanor that had nothing to do with driving—results in an automatic driver's license suspension. The Texas Department of Public Safety is required by law to suspend your license for 180 days upon receiving notice of a final conviction.
A Permanent Criminal Record
A criminal record, particularly a felony conviction, closes doors permanently. It is a barrier to employment in many fields, prevents you from obtaining certain professional licenses, and makes it difficult to find housing. Furthermore, a felony conviction strips you of fundamental civil rights, including the right to own a firearm and, while you are incarcerated, the right to vote.
Student Financial Aid
For students or those planning to return to school, the consequences are particularly damaging. As of July 1, 2023, drug convictions no longer affect eligibility for federal student aid. However, it is important to verify your status, as rules may change.
Frequently Asked Questions About Fort Worth Drug Charges
Can I be charged if the drugs weren't on me?
Yes. Texas law recognizes a concept called "constructive possession." This means you may be charged if prosecutors believe you exercised care, custody, control, or management over the area where the drugs were discovered. For instance, if drugs are found in your car's glove box or under your seat, you could be charged even if they weren't in your pocket.
What's the difference between a state jail felony and a third-degree felony?
The primary difference lies in the place of incarceration and eligibility for parole. A state jail felony sentence (180 days to 2 years) must be served day-for-day in a state jail facility, with no possibility of parole. A third-degree felony sentence (2 to 10 years) is served in a state prison, where you may become eligible for parole after serving a portion of your sentence.
Will I be drug tested while my case is pending?
It is very likely. Judges in Tarrant County frequently order random drug testing as a standard condition of bond. This means that while you are out of jail awaiting the resolution of your case, you will be required to submit to periodic drug tests to remain free on bond.
My friend was with me. Can we both be charged?
Yes. This is known as "joint possession." The prosecution does not have to prove the drugs belonged to only one person. They may charge every individual who they believe shared knowledge of and exercised control over the controlled substance.
Is there a way to get a drug charge off my record in Tarrant County?
Yes, but typically only if your case is dismissed or you successfully complete a diversion program like the Deferred Prosecution Program (DPP). The legal process for clearing your record is called an expunction. An expunction results in the destruction of all government records related to your arrest and charge, allowing you to legally deny that the arrest ever occurred.
Take Control of Your Case Today
A drug charge in Fort Worth feels like your life is spiraling, but you have options. The key is to act decisively to protect your rights and your future.
The attorneys at Fulgham Hampton Criminal Defense Attorneys are here to provide a clear, honest assessment of your case and outline a strategy tailored to your specific situation. Don't wait for the prosecution to build its case against you. Call us now to start building your defense at (817) 877-3030.