Houston Drug Possession Attorney

Former Prosecutor Helping Clients Beat Drug Possession Cases

With the high stakes involved with any criminal charge, you need an experienced drug possession attorney in Houston by your side. Attorney Shannon Drehner brings her years of experience as a chief felony prosecutor to defend you when you need it most. Don’t wait; contact us today. In Texas, drug possession offenses are taken very seriously. Charged as either misdemeanors or felonies, these drug crimes carry harsh penalties, including incarceration and/or fines.

Thus, a drug conviction can seriously affect your life. You may feel the effects of a possession conviction for years, as a criminal record can create challenges when you try to get a job, a place to live, or government benefits, such as federal student aid. Because the outcome of your case can have substantial impacts and the judicial system is a complex maze of laws and rules, it’s crucial that you fight your charge with the help of a lawyer who knows what it takes to get results.

At Drehner Law, our Houston drug possession attorney has extensive experience handling these types of matters – as a defense lawyer and as a former prosecutor. We have a unique insight that is invaluable when defending against charges and challenging the state’s accusations. Thoroughly preparing for each case we take on and knowing how to compellingly present the accused’s side of the story, we have obtained victories for past clients. We are ready to work toward a favorable outcome on your behalf.

Discuss your case during a free consultation by calling us at 832-626-0063 or contacting us online today.

Drug Possession Charges

When Is Drug Possession a Misdemeanor and When Is it a Felony in Texas?

As mentioned earlier, drug possession can be charged as either a misdemeanor or a felony. The level and the potential conviction penalties you face depend on the amount and type of drug you were accused of having in your possession.

Drug Penalty Groups

The Texas Health and Safety Code categorizes controlled substances into 4 Penalty Groups, with the first and second each having their own subgroup. The exception is marijuana (referred to as marihuana in the Health and Safety Code), which is a group all its own.

The level of charge for drug possession includes:

Penalty Group 1

Controlled substances in Penalty Group 1 include but are not limited to codeine, heroin, hydrocodone, and oxycodone.

Possession of a Penalty Group 1 drug is always charged as a felony, with the degree varying based on the amount of the substance.

Charges may include:

for less than 1 gram
Third-degree felony for between 1 and 4 grams
for between 4 and 200 grams
for between 200 and 400 grams

Penalty Group 1-A

LSD and its derivatives are the substances in Penalty Group 1-A. As with Penalty Group 1, possession of any amount of LSD is a felony.

An offense could be charged as a:

State jail felony for fewer than 20 units
Third-degree felony for between 20 and 80 units
Second-degree felony for between 80 and 4,000 units
First-degree felony for between 4,000 and 8,000 units

Penalty Group 2

It’s a felony to knowingly possess Penalty Group 2 substances, such as Ecstasy, PCP, or Mescaline.

Offenses can be charged as follows:

State jail felony for less than 1 gram
Third-degree felony for 1 to 4 grams
Second-degree felony for 4 to 400 grams

Penalty Group 2-A

Substances in this group include those that are manufactured to mimic cannabinoids.

A possession offense may be charged as follows:

Class B misdemeanor for 2 ounces or less
Class A misdemeanor for 2 to 4 ounces
State jail felony for 4 ounces to 5 pounds
Second-degree felony for 50 to 2,000 pounds

Penalty Group 3

Substances in this penalty group include but are not limited to anabolic steroids, Ritalin, Xanax, and other drugs with a depressant or stimulus effect.

Charges for possession of Penalty Group 3 drugs include:

Class A misdemeanor for less than 28 grams
Third-degree felony for between 28 and 200 grams
Second-degree felony for between 200 and 400 grams

Penalty Group 4

Penalty Group 4 drugs mainly consist of substances with limited amounts of narcotics, such as morphine or codeine.

Possession charges are as follows:

Class B misdemeanor for less than 28 grams
Third-degree felony for between 28 and 200 grams
Second-degree felony for between 200 and 400 grams

Marijuana

In Texas, the charges for marijuana possession are as follows:

Class B misdemeanor for 2 ounces or less
Class A misdemeanor for between 2 and 4 ounces
State jail felony for between 4 ounces and 5 pounds
Third-degree felony for between 5 and 50 pounds
Second-degree felony for between 50 and 2,000 pounds

If you’ve been accused of drug possession in Houston, our criminal defense attorney will stand by your side throughout your case. At Drehner Law, we provide sound advice and guidance and will help you make informed decisions about how your matter progresses. Don’t wait; contact us today.

Effective Defense Strategies for Drug Possession Charges in Houston

A drug possession charge is not the same as a conviction, and there are multiple defense strategies that can result in reduced charges or complete dismissal. Prosecutors must prove possession beyond a reasonable doubt, and our Houston drug possession lawyer knows how to attack the weak points in the state’s case.

Common Defenses in Texas Drug Possession Cases

Challenging the legality of the search. Evidence obtained through an illegal search and seizure may be suppressed. If police officers lacked probable cause to stop, detain, or search you, your attorney can file a motion to exclude the drugs from evidence — often gutting the prosecution’s case entirely.
Disputing constructive possession. When drugs are found in a shared vehicle, apartment, or space accessible to multiple people, the state must prove the substances were actually yours. Constructive possession can be disputed if others had equal access to the location where the drugs were discovered.
Lack of knowledge. Texas law requires that you knowingly possess a controlled substance. If you were unaware the drugs were present — for example, in a borrowed car or bag — lack of knowledge can serve as a valid defense.
Valid prescription. Possessing certain controlled substances is legal with a valid prescription. Demonstrating lawful authorization defeats charges involving prescription medications in Penalty Groups 3 and 4.
Challenging substance identification. The state must prove the substance was properly identified and tested. Errors in lab testing or breaks in the chain of custody can render the evidence unreliable.

How Harris County Diversion Programs Can Keep Your Record Clean

For many first-time offenders facing drug possession charges, Harris County offers diversion programs that can keep a conviction off your record entirely — allowing you to avoid the collateral consequences that follow a drug conviction.

These alternatives to traditional prosecution focus on rehabilitation rather than punishment, and qualifying for one can protect your future.

Diversion Options Available in Harris County

Misdemeanor Marijuana Diversion Program. This program allows eligible individuals charged with low-level marijuana possession to avoid formal charges altogether. Successful completion means no arrest record and no conviction — keeping your record clear for employment and housing applications.
Drug court programs. Harris County operates specialized drug court programs designed for offenders whose charges stem from substance dependency. These programs focus on treatment, regular check-ins, and accountability as an alternative to incarceration. Completing the program can result in dismissed charges.
Pretrial diversion. First-time offenders may qualify for pretrial diversion, which typically involves community service, drug education, and regular reporting. When you successfully complete the requirements, the charges are dismissed and may be eligible for expunction.

Why Diversion Matters

A drug conviction can limit access to jobs, professional licenses, government benefits, and housing for years. Avoiding a conviction through a diversion program preserves your legal rights and civil rights while giving you a genuine second chance. Because eligibility depends on the specific charge, your criminal history, and the circumstances of your arrest, working with an experienced attorney who understands local court procedures is essential to securing a spot in one of these programs.

Why a Former Prosecutor Gives You an Advantage in Your Drug Case

When your future is on the line, having a defense attorney who once sat on the other side of the courtroom provides insight that few lawyers can offer. Attorney Shannon Drehner’s background as a chief felony prosecutor gives our clients a strategic edge in fighting drug possession charges.

The Value of Prosecutorial Experience

Anticipating the prosecution’s tactics. Attorneys who worked as prosecutors understand exactly how the state builds drug possession cases — what evidence they prioritize, how they value cases, and where their weaknesses lie. This insight allows us to anticipate and counter their strategy before they execute it.
Effective plea negotiation. Local court knowledge is crucial when negotiating plea bargains. Having worked within the Harris County justice system, we know which arguments resonate with prosecutors and how to leverage weaknesses in their case to reduce charges or secure diversion.
Identifying constitutional issues. Our experience means we know how to scrutinize police reports, witness statements, and the circumstances of your arrest for constitutional violations like illegal searches and chain of custody errors that can lead to suppressed evidence.

Why Early Representation Matters

The sooner you involve an experienced attorney, the more opportunities exist to protect your rights and build a strong defense. Early representation helps preserve evidence, ensures you understand your legal rights, and can influence charging decisions before they’re finalized. Whether you’re facing simple possession or charges involving a large quantity of illegal drugs, contact Drehner Law at 832-626-0063 to discuss your legal options during a free consultation.

Schedule A Consultation With An Experienced Drug Possession Lawyer Today For Help

A drug possession case carries heavy consequences that can alter the trajectory of your life. Whether your arrest involved cocaine possession or the unauthorized use of prescription drugs, Texas prosecutors often seek maximum penalties under the strict guidelines of the Texas Controlled Substances Act. Drehner Law analyzes every detail of the initial stop and search to identify procedural errors that could weaken the state’s evidence against you.

Hiring an experienced Houston drug defense attorney ensures that someone scrutinizes the evidence before a drug conviction ruins your future. Our firm focuses on breaking down the prosecution’s claims regarding illegal drugs through aggressive litigation and strategic negotiation. We work tirelessly to prevent a single drug offense from defining your reputation or limiting your freedom.

To learn more about your legal options, contact our Houston criminal defense lawyer at 832-626-0063.