Houston, TX Drug Crimes Lawyer - Michael & Associates, Attorneys at Law

Michael & Associates has a 100% success rate in Houston drug cases in 2025, as measured by our client satisfaction surveys. Our ultimate goal is for every client to walk away without lifelong consequences from a one-time mistake.

Suppose you’re facing charges for drug possession in Harris County or the surrounding areas. In that case, you need experienced advocates who understand how prosecutors think, how local courts operate, and who know the key players. That’s our team at Michael & Associates.

Our Houston attorneys have taken the time to build trust and rapport with local judges, prosecutors, and juries. One began as a prosecutor in Galveston, while the other is a former public defender. These diverse experiences enable us to view your case from multiple angles.

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

When you hire Michael & Associates to defend you against Houston drug allegations, you don’t just get one lawyer — you get the full force of our entire Texas team, which includes a former FBI agent, a former judge, and attorneys with decades of criminal defense experience. Together, we customize a defense based on your situation, working relentlessly toward the best possible outcome. Our number one goal is a dismissal.

We represent clients in Harris County, Fort Bend, Montgomery, Galveston, Brazoria, Waller, and Liberty counties. Not sure how to get started? Contact us for a free consultation today.

Houston Drug Possession Laws

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

Marijuana Possession

Despite national trends, marijuana remains illegal under Texas law, including cannabis edibles, vape cartridges, tinctures, and oils.

Harris County has implemented a diversion program that allows those who are eligible to avoid arrest and prosecution if a cop busts you for carrying less than four ounces of weed. We will examine whether you’re eligible. Once you complete it, no charges will be filed, and you won’t have a criminal record.

A single legal THC gummy can weigh five ounces.

However, an oil, gummy, beverage, or tincture can push you over that four-ounce limit. Our exclusive investigation found that a single edible can weigh five grams or more, which could result in a state jail felony charge, carrying a sentence of six months to two years in jail.

Additionally, the sale of low-potency hemp-derived THC products (like Delta-9 edibles) is technically legal. Still, there’s no field test to confirm the potency, meaning you could be arrested even if you purchased the items in your possession legally.

According to court data, 80% of marijuana possession cases in Harris County in 2024 were resolved—75% were dismissed, 12% were convicted, and 11% received deferred adjudication. The remaining 2% of cases had other outcomes.

Controlled Substances

Under the Texas Health & Safety Code Sections 481.115 to 481.118, knowingly possessing a controlled substance without a valid prescription is illegal. Texas groups these substances by risk and medical use.

Penalties will vary based on the type and quantity of the drug. A conviction could result in jail time, substantial fines, and a permanent criminal record. Unlike other states, Texas takes a hardline approach — being caught with just a few pills can trigger serious legal consequences.

Court data shows that 5072 people were charged with drug possession in Harris County in 2024. About 68% of those cases have been resolved—35% were convicted, 34% were dismissed, 14% got deferred adjudication, and the remaining 17% had other outcomes.

Other Drug Crimes in Texas

Michael & Associates is equipped to defend against all types of drug charges in Texas, 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

READ MORE: Texas drug laws

Texas Drug Penalty Groups and Consequences

The Texas Controlled Substances Act divides drugs into categories based on risk and use:

Here are the classifications:

Schedule	Examples	Potential charges (based on volume)
Group 1: No acceptable medical use; high potential for abuse (§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: These have some accepted medical uses but a high potential for abuse (§481.103)	PCP Hashish Psilocin 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 with 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)	All opiates and opioids not listed in the other groups and 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

Legal Defenses to Drug Charges

As your Houston drug crimes lawyer, we begin every case by asking the right questions:

Was there probable cause for the stop or search?
Were your constitutional rights violated?
Was the substance in your possession or someone else’s?
Do you have a valid prescription?

Common defense strategies include:

Challenging unlawful stops or searches
Proving a lack of possession or knowledge
Producing medical documentation or prescriptions
Negotiating pretrial diversion or reduced charges

We Understand What’s at Stake

At Michael & Associates, we know that a drug conviction can derail your future, affecting everything from employment and housing to education and immigration status.

We believe that one mistake shouldn’t impact the rest of your life. Our focus is on compassionate representation designed to protect your future, whether this is done by securing a dismissal, negotiating a plea deal, fighting for your enrollment in a pretrial diversion program, or fighting for you in court.

Real Case. Real Results.

One of our recent victories involved a college student caught with a small amount of marijuana.

Our client, an honor roll student, risked a permanent record and lost opportunities. We negotiated directly with prosecutors and secured a pre-file dismissal. There will be no jail time, no conviction, no record—as long as the client remains law-abiding, the charge will not return.

That’s the outcome we fight for in every case.

Drug Counseling Resources in Houston

If you’re struggling with addiction, you’re not alone. These trusted Houston-area organizations offer treatment and support:

The Council on Recovery

303 Jackson Hill St, Houston, TX 77007

(713) 942-4100; https://www.councilonrecovery.org/

Santa Maria Hostel

2605 Parker Rd, Houston, TX 77093

(713) 691-0900; https://www.santamariahostel.org/

Into Action Recovery Centers

17250 El Camino Real, Houston, TX 77058

(844) 694-3576; https://www.intoactionrecovery.com/

The Right Step Houston

12350 Wood Bayou Dr, Houston, TX 77013

(844) 768-0169; https://www.rightstep.com/locations/houston-drug-rehab/

Texas Health and Human Services

Search for licensed addiction providers in the Houston area: https://www.hhs.texas.gov

Frequently Asked Questions about Drug Crimes in Houston

Are There Any Paths to Dismissal of Drug Possession Charges?

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 record sealed or expunged.

Requirements could include:

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

What Is the Difference Between Actual and Constructive Possession?

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.

What Should I Do If I’m Arrested for Drug Possession in Houston?

If you’re arrested for drug possession in Harris 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.

How Does a Drug Possession Conviction Affect My Life?

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.

Can I Have a Drug Possession Charge Expunged in Texas?

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.

More Houston Area Resources

How to get someone out of jail in Harris County

Harris County Jail visitation: How to visit an inmate

Harris County warrant search: How to see if you have one

Harris County booking: What happens after you’re arrested?

Data: How much is bail in Harris County?

Call for free case review

Charles Pelowski

Charles Pelowski is a Senior Trial Attorney at Michael & Associates. Charles’s extensive trial skills and strategic insights make him a formidable advocate for those accused of a crime in the Greater Houston area. He has a proven record in handling criminal cases across the state, from minor infractions to high-profile murder cases. His approach to defense is marked by creativity, a deep commitment to the jury trial system, and an unwavering pursuit of justice.

Michael&Associates

Compassionate Houston, TX Drug and Marijuana Crimes Lawyer