Law Offices Of Richard C. McConathy

Drug / Narcotics

Weatherford Drug / Narcotics Attorney

Drug crimes are incredibly common in Texas, and many of the criminal charges filed in these cases carry steep penalties. Even seemingly minor drug crimes can still carry huge long-term consequences for people because of the effect of having a drug crime on a criminal record.

 

It is further important to understand that some drug crimes can result in federal charges, and federal drug crimes usually involve even longer prison sentences and bigger fines. The bottom line remains that Texas is adamant about ensuring that controlled substances continue to be prohibited and all drug offenses are likely to be aggressively prosecuted.

If you were arrested in Parker County for an alleged drug crime, you cannot afford to wait in seeking legal counsel. You will want to make sure you have an experienced criminal defense lawyer.

 

The Law Offices of Richard C. McConathy has handled all kinds of drug cases in a wide variety of courts in Texas and we will be committed to helping you achieve the most favorable possible resolution to your criminal case. We will take a longer look at your case and talk with you when you call (817) 458-3226 or contact our firm online to schedule a free consultation.

Drug : Narcotics3

Federal Drug Schedules

The federal Controlled Substances Act (CSA) is found in Chapter 13 of Title 21 of the United States Code. Controlled substances are divided into five schedules under the CSA:

 

SCHEDULE I

Drugs with no currently accepted medical use and a high potential for abuse. Examples include heroin, lysergic acid diethylamide (LSD), cannabis (marijuana), 3,4 methylenedioxymethamphetamine (MDMA, Ecstasy, or Molly), methaqualone, and peyote.

SCHEDULE II

Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Examples include combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

SCHEDULE III

Drugs with a moderate to low potential for physical and psychological dependence. Examples include products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.

SCHEDULE IV

Drugs with a low potential for abuse and low risk of dependence. Examples include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.

SCHEDULE V

Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Examples include cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.

You can view a full list of controlled substances at the United States Department of Justice Drug Enforcement Administration (DEA) website.

 

Section 812 of the Controlled Substances Act lists substances which were controlled in 1970 when the CSA was enacted, but many substances have been added, removed, or transferred from one schedule to another since then. The current list of controlled substances can be found in section 1308 of the most recent issue of Title 21 Code of Federal Regulations (CFR) Part 1300 to end (21 CFR §1308) and the final rules which were published in the Federal Register subsequent to the issuance of the CFR.

 

A substance may also be regulated as a controlled substance analogue. A controlled substance analogue is a substance which is intended for human consumption, is structurally substantially similar to a schedule I or schedule II substance, is pharmacologically substantially similar to a schedule I or schedule II substance, or is represented as being similar to a schedule I or schedule II substance and is not an approved medication in the United States. See 21 U.S.C. §802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. §813 for the schedule.

Texas Drug Penalty Groups

The Texas Controlled Substance Act is found in Chapter 481 of the Texas Health and Safety Code, and drugs are divided into six different classifications referred to as Penalty Groups. Knowingly manufacturing, delivering, or possessing a controlled substance will trigger a penalty if convicted, and the type of drug and the amount of the substance will determine what the penalty will be.

 

Penalty Groups identified under state law in Texas include:

 

PENALTY GROUP 1

Under Texas Health and Safety Code § 481.102, Penalty Group 1 includes methamphetamine, gamma hydroxybutyric acid (GHB), cocaine, heroin, and oxycodone;

Less than a gram is a State Jail Felony.
Less than 4 grams is a Second Degree Felony.
Less than 200 grams but more than 4 grams is a First Degree Felony.
Less than 400 grams but more than 200 grams is a 10 years to life sentence with a fine up to $100,000
More than 400 grams is a 15 years to life sentence and a fine up to $250,000

PENALTY GROUP 1-A

Under Texas Health and Safety Code § 481.1021, Penalty Group 1-A includes lysergic acid diethylamide (LSD) and its analogs;

Less than 20 units is a State Jail Felony.
Less than 80 units but more than 20 is a Second Degree Felony.
Less than 4,000 units but more than 80 units is a First Degree Felony.
More than 4,000 units is a 15 years to life sentence and a fine up to $250,000

PENALTY GROUP 2

Under Texas Health and Safety Code § 481.103, Penalty Group 2 includes MDMA and phencyclidine (PCP);

Less than a gram is a State Jail Felony.
Less than 4 grams is a Second Degree Felony.
Less than 200 grams but more than 4 grams is a First Degree Felony.
More than 400 grams is a 10 years to life sentence with a fine up to $100,000.

PENALTY GROUP 2-A

Under Texas Health and Safety Code § 481.1031, Penalty Group 2-A includes: materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance;

This section is primarily focused on synthetic cannabinoids and creates civil liability for anyone that suffers personal injury from ingestion of a synthetic cannabinoid against anyone that manufactures, sells, or serves such a substance.

PENALTY GROUP 3

Under Texas Health and Safety Code § 481.104, Penalty Group 3 includes alprazolam (Xanax), diazepam (Valium), zolpidem (Ambien), and methylphenidate (Ritalin);

Less than 28 grams is a State Jail Felony.
Less than 200 grams but more than 28 grams is a Second Degree Felony.
Less than 400 grams but more than 200 grams is a First Degree Felony.
More than 400 grams is a 10 years to life sentence with a fine up to $100,000.

PENALTY GROUP 4

Under Texas Health and Safety Code § 481.105, Penalty Group 4 includes compounds, mixtures, or preparations containing limited quantities of narcotics.

Less than 28 grams is a State Jail Felony.
Less than 200 grams but more than 28 grams is a Second Degree Felony.
Less than 400 grams but more than 200 grams is a First Degree Felony.
More than 400 grams is a 10 years to life sentence with a fine up to $100,000.

Common Drug Crimes in Texas

Drug charges in Texas are certainly based primarily on the type of drug involved, but that is often just one factor. The amount of that drug, the type of prohibited activity being engaged in, and an alleged offender’s prior criminal record can also impact how these crimes are graded.

 

Some of the most common kinds of drug crime cases that The Law Offices of Richard C. McConathy handles include, but are not limited to:

 

Federal Drug Charges
Cocaine Charges
Drug Conspiracy
Drug Crimes FAQ
Drug Manufacturing
Drug Trafficking
Felony Drug Possession
Fentanyl Crimes
Heroin Charges
MDMA / Ecstasy Arrests
Methamphetamine Crimes
Possession of a Controlled Substance (Drug Possession)
Possession of a Dangerous Drug
Possession of Drug Paraphernalia
Possession with Intent to Sell
Prescription Drug Fraud
Synthetic Drugs
Texas Drug Courts
Texas Drug Penalty Groups
Pre-Trial Diversion

Internet Drug Sales

Weatherford Drug / Narcotics Resources

Texas Controlled Substances Act — The Texas Controlled Substances Act is the short title for Chapter 481 of the Texas Health and Safety Code. View the full text of the state laws relating to definitions and schedules for controlled substances. In addition to offenses listed under this chapter, you can also learn more about property forfeiture, administrative penalties, inspections, evidence, and regulation of the manufacture, distribution, and dispensation of controlled substances, chemical precursors, and chemical laboratory apparatus.

 

Welcome Back / West Central Texas Narcotics Anonymous — All of the counties that Welcome Back / West Central Texas serves are also served by the Fort Worth Area NA. Narcotics Anonymous is a fellowship of men and women who meet regularly to help each other stay clean. Use this website to find out more including the latest meeting locations, view activities, contact them, and to go to the Group Meeting Schedules page for a meeting near you.

Contact a Drug / Narcotics Lawyer in Parker County Today

Were you arrested for a drug crime in the greater Weatherford area? You will want to act quickly to contact The Law Offices of Richard C. McConathy so our firm can begin working on your defense.

 

We understand the inherent challenges involved in defending against drug charges and we will be by your side the entire time so you do not have to face any challenges by yourself. You can have us review your case and talk about everything on your mind when you call (817) 458-3226 or contact us online to receive a fee consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

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DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
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DWI Breath Test Case, Result Of .224
(Mb0453171)
 
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DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
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DWI, Open Container
(Mb0534487)
 
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2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

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