Drug Charges in Plano & McKinney, Texas — Understanding Your Rights
A drug arrest can happen to anyone. A traffic stop turns into a search. A knock on the door leads to a warrant. A friend’s party ends with everyone in handcuffs. However it started, the moment you are facing drug charges in Texas, you need to understand what you are up against — and why the decisions you make in the first 48 hours can define the outcome of your entire case.
Texas drug law is governed primarily by the Texas Controlled Substances Act, found in Chapter 481 of the Texas Health and Safety Code. Texas divides controlled substances into Penalty Groups 1 through 4, plus a separate marijuana category, and the severity of your charges depends almost entirely on which group the substance falls into and how much of it was found. The differences between groups can mean the difference between a misdemeanor and a decade in prison for quantities that look the same to the naked eye.
Texas Drug Penalty Groups — What Controls Your Sentence
Penalty Group 1 includes cocaine, heroin, methamphetamine, oxycodone, hydrocodone (in certain formulations), fentanyl, and most other opiates and opioids. Group 1 is the most aggressively prosecuted category in North Texas. Possession of less than one gram is a state jail felony (180 days to 2 years). Possession of one to four grams is a third-degree felony (2 to 10 years). Four to 200 grams becomes a second-degree felony (2 to 20 years). Two hundred grams to 400 grams is a first-degree felony (5 to 99 years or life).
Penalty Group 1-A covers LSD and related compounds. The penalty structure is based on unit doses (abuse units) rather than weight and escalates similarly to Group 1.
Penalty Group 2 includes MDMA (ecstasy), PCP, THC concentrate (wax, dabs, vape cartridges), and psilocybin mushrooms. Many clients are surprised to learn that THC concentrate — the wax or oil in a vape pen — is treated as a Penalty Group 2 substance in Texas, not as marijuana, which means possession of even a small amount can be a felony.
Penalty Group 3 covers anabolic steroids, certain benzodiazepines, Valium, and other prescription drugs with abuse potential. Penalty Group 4 includes compounds with limited quantities of certain opiates combined with non-narcotic ingredients.
Marijuana is treated separately in Texas. Possession of two ounces or less is a Class B misdemeanor (up to 180 days, $2,000 fine). Two to four ounces is a Class A misdemeanor. Four ounces to five pounds is a state jail felony. Amounts above that escalate to higher-level felonies. Note: while many states have decriminalized or legalized marijuana, Texas has not. Possession of marijuana remains a criminal offense.
Possession vs. Delivery vs. Manufacturing — The Charge Determines Everything
Texas distinguishes sharply between personal possession, delivery (which includes sale, transfer, or even an offer to sell), and manufacturing or cultivating a controlled substance. A delivery charge carries roughly double the penalty of a straight possession charge for the same amount of the same substance. Being caught with large quantities creates a legal presumption of delivery, even if no money or transaction was ever observed. If you are charged with delivery or manufacturing, the prosecution will seek enhanced penalties and may target you for substantial prison time.
Drug-free zone enhancements add another layer of severity. If the alleged offense occurred within 1,000 feet of a school, university, daycare center, playground, or other designated drug-free zone, the offense is bumped up one category. A state jail felony becomes a third-degree felony. A third-degree becomes a second-degree. And so on. If you were anywhere near a school or daycare at the time of arrest, tell your attorney immediately.
Defense Strategies in Texas Drug Cases
Texas drug cases offer many avenues for a skilled defense attorney to challenge the charges, reduce them, or win outright. The most common — and often most powerful — defense in drug cases is the Fourth Amendment.
Illegal search and seizure. The Fourth Amendment to the United States Constitution, and Article I, Section 9 of the Texas Constitution, protect you from unreasonable searches. If police searched your car without a warrant, your consent, probable cause, or a valid exception to the warrant requirement, any drugs they found may be inadmissible in court. The same applies to a search of your home, your pockets, your phone, or your property. Kent Starr has filed and won suppression motions that have led to charges being dropped entirely — because when the evidence is thrown out, there is no case.
Constructive possession challenges. To convict you of possession, the prosecution must prove beyond a reasonable doubt that you knew the drugs were there and that you exercised care, control, and management over them. If the drugs were in a shared space — a car with multiple passengers, an apartment with roommates, a party where multiple people had access — the prosecution cannot simply point at you and say “you were there, so it is yours.” Kent will scrutinize the evidence to establish whether the State can actually prove you had knowing possession.
Chain of custody and lab analysis. Every controlled substance must be sent to a certified lab for testing before charges are filed. That evidence must be logged, transported, stored, and tested according to strict protocols. A break anywhere in that chain can raise reasonable doubt about whether what was found was what the State says it was — and whether it was ever tampered with.
Entrapment. If law enforcement induced you to commit a drug offense you would not otherwise have committed — through coercion, pressure, or persistent persuasion — entrapment may be a viable defense. This is a narrow defense that requires careful development, but in cases involving informants or undercover operations, it is worth exploring.
Plea negotiations and diversion programs. When the evidence is strong but circumstances are sympathetic, Kent pursues every available avenue for reduced charges, deferred adjudication, or placement in a drug court or treatment program that can lead to a dismissal. A criminal conviction — especially a felony — can permanently close doors to employment, housing, and professional licensing. Avoiding that outcome is always the goal.
Why Kent Starr for Drug Charge Defense in Collin County
Kent Starr has been a criminal defense attorney in North Texas for 30 years. He has handled more than 15,000 cases, with drug charges among the most common. He was educated at Oxford University, where he studied international law, and holds an advanced law degree from the University of Denver. He clerked for two Supreme Courts — the Supreme Court of Arkansas and the Navajo Nation Supreme Court — and has argued before the United States Court of Appeals for the Fifth Circuit.
What that means in practice: when Kent files a motion to suppress, he writes it with appellate precision. He knows which arguments survive review and which do not. That is the difference between a motion that wins and a motion that is just paper.
His 443+ verified five-star Google reviews reflect what his clients experience: a lawyer who answers his phone, who knows their case, who fights hard at every stage — not someone who pressures them into a quick plea so the file can close. As a former Golden Gloves boxer, Kent brings that same discipline and relentless preparation to the courtroom that he once brought to the ring.
He has been featured on Fox News as a legal commentator. He is a solo practitioner by design — you hire Kent, you get Kent.
Courts & Counties We Serve for Drug Cases
Starr Law P.C. handles drug charge defense throughout the DFW Metroplex and surrounding counties. Kent appears regularly in Collin County (McKinney and Plano courts), Dallas County, Tarrant County, and courts in Denton, Rockwall, Kaufman, Ellis, Johnson, and Parker Counties. If you were arrested in Allen, Frisco, Richardson, Garland, Mesquite, or any other North Texas city, Kent can appear in your jurisdiction.
Frequently Asked Questions About Drug Charges in Texas
What happens after a drug arrest in Texas?
After booking, you will appear before a magistrate for a bail hearing within 24 to 48 hours. Bond amount depends on the severity of the charge, your criminal history, and other factors. Once released, your case will proceed through arraignment, pre-trial hearings (where suppression motions are filed), and, if not resolved, trial. Having an attorney from the earliest stage — ideally before your magistrate appearance — improves your position at every step.
Can I get a drug possession charge expunged in Texas?
It depends on the outcome. If your case was dismissed, you were acquitted at trial, or you completed deferred adjudication without an adjudication of guilt, you may be eligible for an expunction or a nondisclosure order. A conviction — even for a misdemeanor — may not be expunged. Kent Starr handles expunctions and nondisclosures as part of the firm’s practice.
I was a passenger in a car where drugs were found. Can I be charged?
Yes, you can be charged — but constructive possession is harder to prove for a passenger. The prosecution must establish that you knew the drugs were present and that you exercised control over them. If the drugs were in the driver’s console or under the driver’s seat, and you were in the back, that is a harder argument for the State. Every case is different. Call Kent to discuss the facts of your situation.
Is a THC vape pen a felony in Texas?
It can be. THC concentrate — including the oil or wax in a vape cartridge — is classified as a Penalty Group 2 substance in Texas. Even less than one gram of THC concentrate is a state jail felony. The same amount of marijuana in leaf or flower form would be a misdemeanor. This surprises many people, especially those who come from states where cannabis is legal. Texas treats concentrates harshly.
Do you handle federal drug charges?
Yes. Kent Starr handles federal drug charges, including trafficking allegations in the Northern and Eastern Districts of Texas. Federal drug cases involve the federal Sentencing Guidelines, mandatory minimum sentences, and a different procedural landscape than state court. If your case involves distribution across state lines, large quantities, or federal agents (DEA, FBI, HSI), you need counsel experienced in both state and federal court.
Schedule Your Free Drug Charge Consultation
If you are facing drug charges in Plano, McKinney, or anywhere in North Texas, call (214) 982-1408 today. Free initial consultation. Payment plans and credit cards accepted. Se habla español. Nós falamos português.
