Drug Possession

With the high stakes involved with any criminal charge, you need an experienced criminal trial attorney 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.

Houston Drug Possession Attorney

A Former Prosecutor Helping Fight Your Charge

In Texas, drug possession offenses are taken very seriously. Charged as either misdemeanors or felonies, these crimes carry harsh penalties, including incarceration and/or fines. Thus, a conviction has the potential to affect various aspects of 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.

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.

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:

State jail felony for less than 1 gram
Third-degree felony for between 1 and 4 grams
Second-degree felony for between 4 and 200 grams
First-degree felony 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

We’ll Stand Shoulder to Shoulder with You

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.

To learn more about your legal options, contact us at 832-626-0063.