Compassionate Dallas Marijuana and Drug Crimes Lawyer

Michael & Associates has a 100% success rate in Dallas drug cases in 2025, as measured by our client satisfaction surveys. Our ultimate goal is for every single client to walk away with no lifelong consequences for a one-time mistake. 

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Ben Michael

Founding Attorney

aka "Mr. Dismissal"

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Don’t Let a One-Time Mistake Derail Your Life.

If you’re facing charges for drug possession in Dallas County or the surrounding areas, you need experienced advocates who understand how prosecutors think, how local courts operate, and are familiar with the key players.

Many of our Dallas attorneys were born and raised here and have built trust and rapport with local judges, prosecutors, and juries. Two are former prosecutors, while others have dedicated their entire careers to criminal defense. One is a past president of the Ellis County Criminal Defense Lawyers Association.

We’ve built a reputation in North Texas for thorough investigations, aggressive negotiation, and unwavering support. Our local experience gives us a critical edge.

But when you choose Michael & Associates to represent you, you aren’t just hiring one attorney. You’re getting an entire statewide team that includes a former FBI agent, a former judge, and attorneys with decades of experience. Together, we tailor every defense to the individual, working relentlessly toward the best possible outcome. Our No. 1 goal is a dismissal.

We represent clients not only in Dallas County, but also in Collin, Denton, Rockwall, Kaufman, Ellis, and Tarrant counties. Unsure how to begin? Contact us for a free consultation today.

Testimonials

I was very pleased with this team! I highly recommend!

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I was very pleased with this team! I highly recommend!

Meet your Dallas Defense Team

Ben Michael

Ben Michael

Ben “Mr. Dismissal” Michael is founder and Managing Partner of Michael & Associates, and has nearly a decade of experience in criminal defense here in Austin, TX, successfully defending hundreds of clients facing charges ranging from DWI to assault.
Audrey Kelly

Audrey Kelly

A native Texan, Audrey started working in a law office when she was 18. With more than a decade of experience as a criminal defense attorney and former prosecutor, she offers clients strategic and aggressive legal representation.
Holly Fox

Holly Fox

Holly’s been on every side of the justice system. Her experience as a prosecutor, FBI agent, defense attorney, criminal magistrate, and municipal court judge provides in-depth knowledge of how all sides will approach your case.
Todd Rash

Todd Rash

Todd is a legal legacy in Texas as the great grandson of the early Texas judge, Judge Charlie Grant Rash, who came to Texas by wagon train in the late 1800s. Todd honors that heritage by seeking justice and defending fellow Texans who are accused of crimes.
Clifford Duke

Clifford Duke

Before joining Michael & Associates, Clifford spent 17 years working for the Dallas County Public Defender’s Office. He knows that every case, no matter the level or charge, is the most important to his client and will help them every step of the way.
Cole Nettles

Cole Nettles

Cole started his career at the Kendall County District Attorney’s Office. But prosecution was a stepping stone. Since pivoting to criminal defense, Cole has successfully defended clients facing a wide range of charges, including DWI, murder, and sexual assault.
Michael Garcia

Michael Garcia

A Fort Worth native whose career has been focused exclusively on criminal defense, Michael has represented thousands of clients facing charges from DWI to kidnapping. His approach yields “not guilty” verdicts at trial and wins at the negotiating table.
Nelson Knight

Nelson Knight

Nelson started his law career at the Dallas County District Attorney’s office, but criminal defense has been his focus since 2001. He fights the state at every turn to ensure that people accused of crimes in North Texas receive the best possible defense.
Robert Keating

Robert Keating

Rob’s service in the U.S. Navy provides him with a unique perspective as he successfully represents individuals charged with crimes ranging from serious felony offenses to minor municipal citations.
Thomas Murphree

Thomas Murphree

Thomas believes that a successful defense is built on transparency, honesty, and open communication. He genuinely listens to each client’s needs and expectations, ensuring that every defense strategy he crafts is tailored to the client’s unique circumstances.
Zach Redington

Zach Redington

Born and raised in Dallas, Zach has 20+ years of experience defending clients against DWI and other criminal charges. He understands the stress that criminal accusations afflict upon the accused, so he approaches each case with a sense of urgency.

Dallas Drug Possession Laws

The most common drug-related charges in the Dallas area include marijuana possession and possession of controlled substances without a valid prescription.

Marijuana Possession

Although marijuana laws continue to evolve across the U.S., Texas law remains firm: marijuana is illegal statewide. This includes cannabis-derived edibles, vape cartridges, and oils.

However, enforcement varies widely. While Dallas voters had passed a citywide ordinance that prohibited police from citing and arresting people carrying a small amount of weed, that law was struck down by a state appeals court in April 2025.

Adding to the complexity, low-potency “hemp-derived” THC products are technically legal in Texas and under federal law (Delta 9 THC is one example), but there’s no field testing to determine whether or not the item in your possession is legal. Additionally, the penalties established by Texas Penal Code Chapter 481.12 are assessed by weight, so a single edible can easily be heavy enough to land you with a state jail felony charge, which could include six months to two years in jail.

Court data shows that 822 people in Dallas County were charged with marijuana possession in 2024. About 45% of those cases have been resolved. While the vast majority of those cases (86%) were dismissed, almost 10% resulted in convictions. The remaining 4% had other outcomes.

READ MORE: Study investigates whether your THC gummies are legal

Possession of a Controlled Substance

Under the Texas Health & Safety Code (Sections 481.115–481.118), it is a crime to knowingly or intentionally possess a controlled substance without a legitimate prescription. These substances are grouped into categories based on their potential for abuse and accepted medical uses.

Penalties depend on the substance and the quantity found. You could face a misdemeanor or a felony charge with potential jail time. And unlike some other states, Texas does not take a lenient stance on prescription drugs — being caught with a few pills can still lead to life-altering consequences.

Court data shows that about 70% of cases involving drug offenses in Dallas County in 2024 have been resolved. Almost 75% of those cases were dismissed, 18% resulted in convictions, and 6% of defendants received deferred adjudication. The remainder had other outcomes.

READ MORE: Texas drug laws

Other Drug Crimes in Texas

Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, including:

  • Manufacture or Delivery of a Substance in Penalty Group 1: Texas Health & Safety §481.112
  • Manufacture or Delivery of a Substance in Penalty Group 1A: §481.1121
  • Manufacture of a Substance in Penalty Group 1 in the Presence of Child: §481.1122
  • Manufacture or Delivery of a Substance in Penalty Groups 2 or 2A: §481.113
  • Manufacture or Delivery of a Substance in Penalty Groups 3 or 4: §481.114
  • Manufacture, Delivery, or Possession of Miscellaneous Substances: §481.119
  • Marijuana Delivery: §481.120
  • Delivery of Marijuana or Another Controlled Substance to a Child: §481.122
  • Possession or Transport of Certain Chemicals with the Intent to Manufacture a Controlled Substance: §481.124
  • Drug Paraphernalia Delivery: §481.125
  • Transfer of a Precursor Substance for Unlawful Manufacture: §481.137
  • Manufacture or Delivery of a Controlled Substance That Causes Death or Serious Bodily Injury: §481.141

Texas Drug Penalty Groups and Consequences

The Texas Controlled Substances Act categorizes drugs into groups based on their risk and medical use:

Dallas Drug Crime Penalty Groups

The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Texas classified marijuana as a Schedule 1 controlled substance. This means that the state considers marijuana to have a high potential for abuse and no currently acceptable medical use.

The penalties decrease based on the group classification and the amount involved.

Here are the classifications:

Schedule
Examples
Potential charges (based on volume)
Group 1: No acceptable medical use; high abuse potential (§481.102)
Codeine
Cocaine
Ecstasy
Heroin
Opium
Oxycodone
Meth
State jail felony to first-degree felony
Group 1A
LSD and other hallucinogens
State jail felony to first-degree felony
Group 1B
Fentanyl and derivatives
State jail felony to first-degree felony
Group 2: Some accepted medical uses; high abuse potential (§481.103)
PCP
Hashish
Psilocin (shrooms)
Mescaline
State jail felony to second-degree felony
Group 2A
Synthetic cannabinoids such as K2 and Spice
Class B misdemeanor to second-degree felony
Group 3: Accepted medical uses; lower potential for abuse (§481.104)
Valium
Xanax
Ketamine
Ritalin
Opiates not listed in Group 1
Class A misdemeanor to second-degree felony
Group 4: (§481.105)
Opiates and opioids not listed in other groups; other prescription drugs
Class B misdemeanor to second-degree felony

Source: Texas Health and Safety Code Chapter 481

Potential Penalties

  • First-degree felony: 5–99 years (or life) in prison, up to $250,000 fine
  • Second-degree felony: 2–20 years, up to $10,000 fine
  • Third-degree felony: 2–10 years, up to $10,000 fine
  • State jail felony: 180 days–2 years, up to $10,000 fine
  • Class A misdemeanor: Up to 1 year in jail, $4,000 fine
  • Class B misdemeanor: Up to 180 days in jail, $2,000 fine
  • Class C misdemeanor: Fine up to $500

We start every case by examining whether your arrest was lawful. Were your rights violated? Was there probable cause? Was evidence obtained through an illegal search? Was the substance truly in your possession?

Common strategies include:

  • What were the circumstances?
  • Did police have probable cause for a traffic stop?
  • Which drugs were found?
  • Did police officers follow the appropriate procedures during your arrest?
  • Were illegal search and seizure protocols used?
  • Are you accused of having actual possession of the substance?
  • Are there inaccuracies in the police report?
  • Do you already have a history of drug-related activity?
  • Did police find drug paraphernalia?

We Understand What’s at Stake

At Michael & Associates, we understand that a drug conviction can affect your future for years to come—employment, housing, education, custody, immigration status, and more.

One mistake shouldn’t define your life.

Our team brings compassion and a commitment to real outcomes. Whether it’s securing a case dismissal, negotiating for pretrial diversion, or fighting in court, we work tirelessly to protect your future.

Real Case. Real Results.

For example, one of our recent cases involved a college student who was caught with a small amount of marijuana.

Our client, a dean’s list student, could have faced serious repercussions, including a permanent criminal record. We negotiated a deal with the prosecutors that resulted in the case being dismissed upfront, so there is no active case or conviction on the record. As long as the client does not violate the law, the state will not refile the case.

This is our ultimate goal for each and every client: No jail. No record. No future consequences.

Drug Counseling Resources in Dallas

If you’re struggling with addiction, you don’t have to face it alone. These local programs offer counseling and treatment options:

Nexus Recovery Center
8733 La Prada Dr, Dallas, TX 75228
(214) 321-0156
https://nexusrecovery.org/

Dallas Behavioral Healthcare Hospital
800 Kirnwood Dr, DeSoto, TX 75115
(972) 982-0897
https://www.dallasbehavioral.com/

Recovery Resource Council
2700 Airport Fwy, Fort Worth, TX 76111 (serves Dallas and surrounding areas)
(817) 332-6329
https://recoverycouncil.org/

Phoenix House Texas – Dallas Outpatient
2345 Reagan St, Dallas, TX 75219
(844) 748-3927
https://www.phoenixhouse.org/locations/texas/

Texas Department of Health and Human Services
Search for licensed providers in the Dallas area:
https://www.hhs.texas.gov

Frequently Asked Questions about Drug Crimes in Dallas

Yes, we can attempt to get drug possession charges dismissed in several ways. We can get you enrolled in a pretrial diversion program. First-time offenders who successfully complete a pretrial diversion program will have their charges dismissed and may later be eligible to have their records sealed or expunged.

Requirements could include:

  • Participation in drug education classes
    Agreeing to complete random drug testing
    Community service
    Participation in counseling or treatment

Active possession means someone has direct physical control over the drugs in question. You’re knowingly carrying or holding the substance. For example, if drugs are found in your pocket, backpack, or hand, it would be considered active possession.

Constructive possession means the drugs are not physically on you, but you still have the power and intent to control them. Prosecutors must be able to prove that you knew the drugs were present and that you had control (or the right to control) of the location or container where they were found. For example, if drugs are found in your car, home, or locker, and the evidence shows you knew they were there and had access to them, you could be charged under constructive possession.
In Texas, either type of possession can result in criminal charges.

If you’re arrested for drug possession in Dallas County, you need to take steps to protect yourself immediately. Contact an attorney as soon as possible. In the meantime, exercise your right to remain silent. Don’t answer police questions – no matter how innocuous they may seem – until your attorney is present. Don’t try to handle the situation on your own.

Any drug possession conviction could potentially impact many aspects of your personal life. It leaves you with a permanent criminal record that shows up on background checks. This can make it tougher to get hired, particularly in fields that require licenses or security clearance. You may lose eligibility for certain professional licenses, federal jobs, or financial aid for education. Landlords may deny rental applications, and public housing programs often restrict access for individuals with drug convictions. You could also lose child custody or visitation rights.

Beyond employment and housing, a conviction can lead to a suspension of your driver’s license and the loss of gun rights, especially in felony cases, where federal law imposes a lifetime firearm ban. It can also affect your right to vote or serve on a jury during and shortly after your sentence. If you aren’t a U.S. citizen, a conviction can carry severe immigration consequences, including deportation or denial of citizenship.

While Texas offers a few options for record sealing or expungement, they are limited and typically not available to those with a felony conviction. However, completing a pretrial diversion program could help avoid a conviction entirely.

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