Are you facing drug charges in Houston? Michael & Associates has defended countless cases across Harris County, ranging from marijuana possession to possession of drug paraphernalia. 

Any drug charge in Texas must be taken seriously. The penalties can be costly, ranging from hefty fines to jail time, and the criminal record will plague you for life.

You might be tempted to plead guilty to make the problem disappear. But this would be a big mistake. You need an experienced defense attorney who knows the key players in the Houston area and will negotiate hard to get you the best possible case outcome. One who will do everything within his or her power to avoid serious repercussions.

Common Drug Charges in Houston, Texas

While you’re most likely to hear about dramatic drug busts or sting operations, more than 80% of our drug cases start with a routine traffic stop. The challenge is that these arrests are difficult to defend because the vehicle’s driver is presumed to know the vehicle’s contents. 

“I borrowed this car” is not a valid excuse. If a police officer discovers a controlled substance during a stop, it will be used as evidence against you – whether or not you knew it was there.

If you’re caught with a controlled substance in your possession, it’s likely you’ll end up facing some type of criminal charge.

How we will approach your case depends on the charge you’re facing. The four most common charges in Texas are:

• Marijuana possession
• Possession of a controlled substance
• Possession of drug paraphernalia
• Manufacture and delivery of controlled substances

The substance involved and the amount in your possession are also key factors. Penalties range from a Class C misdemeanor with a $500 fine all the way to an enhanced felony that carries a maximum sentence of life in prison. 

Here’s a closer look at each of the charges:

Marijuana Possession 

Local laws on marijuana possession are inconsistent and confusing, making this one of the most common charges we see. 

Pot policies vary across the state. Harris County has a diversion program for low-level offenses that applies to cases with fewer than four ounces of marijuana. It allows offenders caught with less than four ounces to avoid arrest if they complete a four-hour drug education class within 90 days.

However, in some jurisdictions across Harris County, people who are eligible to participate in the program aren’t offered the chance. This is why it’s crucial that you have an experienced attorney who is familiar with the Houston area to fight on your behalf.

And although marijuana possession remains illegal in Texas, low-dose hemp-based products are legal (Delta 9 THC is one example). The distinction causes a lot of confusion because both forms are derived from the same cannabis plants.

Complicating matters further, “marijuana” possession applies only to plants, buds, and flowers. Gummies, vape pens, edibles, mints, tinctures, and other products are classified as “controlled substances,” which we’ll explain in a moment. These have different penalties.

Statistics from the Texas Office of Court Administration show that From January through May 2022, an average of 1,745 marijuana possession cases were filed per month.

Penalties depend on the amount in your possession:

Amount	Charge	Maximum jail time	Maximum fine
Two oz. or less	Class B misdemeanor	180 days	$2,000
Two to less than four oz.	Class A misdemeanor	A year	$4,000
Four oz. to less than five pounds	State jail felony	Two years	$10,000
Five pounds to less than 50 pounds	Third-degree felony	Ten years	$10,000
Fifty to less than 2,000 pounds	Second-degree felony	20 years	$10,000
More than 2,000 pounds	First-degree felony	99 years	$50,000

Possession of a Controlled Substance

“Possession” refers to a drug in your “actual care, custody, control or management.” The type of drug found in your possession will determine the severity of the charge. Texas classifies controlled substances by group based on medical usage and potential for addiction. Each group has different charges and penalties. We will explore this in a bit.

Texas doesn’t treat all drugs equally. Possessing fentanyl or methamphetamine will be penalized more seriously than if you’re found with Xanax or Ritalin. 

Enforcement policies keep changing: In April 2023, Harris County implemented a policy that placed the responsibility for drug testing for small amounts of suspected narcotics on law enforcement before they could file a possession charge with the county. 

Then, four months later, the policy was mostly reversed due to the potential for fentanyl abuse. Now, the district attorney will consider every drug case, regardless of the amount involved.

Legal cannabis products add to the confusion. As we mentioned, “marijuana possession” in Texas applies only to the actual weed. Edibles, tinctures, vape pens, and other products are classified as Group 2 controlled substances, meaning you’ll face a more serious drug possession charge.

Many of our clients were arrested and had their legal hemp products seized, even when the bag was fully sealed, and they provided a receipt proving that the items were purchased from a legal retailer. If this happens, contact us immediately. 

The penalties you’ll face depend on the drug in your possession and how it has been classified. Charges range from a Class B misdemeanor all the way up to an enhanced felony, which carries a maximum sentence of life in prison.

Statistics: Drug Possession in Houston

More than half of drug possession cases in Harris County in 2023 were dismissed.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of Drug Paraphernalia

In Houston, it is a crime to use, own, or deliver drug paraphernalia. Texas Health and Safety Code § 481.002 defines “drug paraphernalia” as equipment, materials, or products used to plant, produce, cultivate, manufacture, process, store, conceal, or package a controlled substance.

Examples include sifters, syringes, roach clips, rolling papers, grinders, pipes, capsules, bowls, blenders, balloons, baggies, and bongs. 

Penalty: Possessing or using drug paraphernalia is a Class C misdemeanor punishable by a fine of up to $500.

Manufacture or Delivery of Controlled Substances

It’s illegal to manufacture or deliver a controlled substance in Houston.

This is defined by Health and Safety Code Section 481.119 as knowingly manufacturing or possessing a controlled substance with the intent to deliver it.

Penalties range from Class A misdemeanor to felony charges, depending on the substance involved, its classification, and whether someone has a history of prior convictions.

Statistics: Manufacture or Delivery in Houston

Dismissal was the most common outcome for drug manufacture or delivery cases in Harris County in 2023. 

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Other Houston, Texas Drug Charges 

There are also a few less-common charges, including:

• Possessing or delivering drugs in a drug-free zone
• Carrying prescription drugs without a valid prescription
• Possessing with intent to distribute
• Using a child to commit a drug crime
• Delivering drugs to a minor
• Delivering drug paraphernalia

Drug convictions remain on your criminal record for life. If you’re facing drug charges, contact us immediately so we can start working on your defense.

Classification of Controlled Substances in Texas

The Texas Controlled Substances Act assigns each controlled substance into one of four groups. As established by Texas Health and Safety Code sections 481.101 –  481.118, it is illegal to possess these drugs without a valid prescription from a licensed medical professional. 

Penalties vary based on the substance and the amount. 

The minimum charge is a Class C misdemeanor with a fine of up to $500. However, charges can be as severe as a first-degree felony, with a maximum penalty of:

• From five to 99 years in prison
• A $50,000 to $300,000 fine

Here are the classifications and penalties:

Group 1

The Drug Enforcement Agency defines group 1 controlled substances as those that have a high potential for abuse and no acceptable medical use.

Examples include Heroin, Hydrocodone (over 300 mg), Cocaine, Codeine, Methadone, Methaqualone, Opium, Oxycodone, Methamphetamines (Meth), or Methylenedioxymethamphetamine (MDMA or Ecstasy).

Section 481.115 of the Texas Health and Safety Code sets penalties based on substance and weight: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000
400 grams or more	“Enhanced” first-degree felony	Life	$300,000

If you possess paraphernalia associated with meth, including needles, bottle caps, or hollowed-out pens, you’ll face a fine of up to $500. 

Group 1-A

Group 1-A substances are classified separately due to the nature of their abuse. The category includes LSD and other hallucinogens measured by dosage units.

Section 481.1151 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Group 1-B

In Texas, fentanyl possession is considered such a problem that it was recently assigned its own category. In addition, if you’re caught manufacturing or supplying fentanyl, you could end up facing murder charges. Penalties for fentanyl possession are: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000

Group 2

Controlled substances in Group 2 include many hallucinogens and other substances with a high potential for abuse but also have some acceptable medical uses.

Examples include Hashish, Mescaline, Ecstasy (MDMA),  PCP (Phencyclidine), Dimethyltryptamine (DMT), Dronabinol (synthetic THC), Psilocybin, and Psilocin (found in psychedelic mushrooms)

Section 481.116 of the Texas Health and Safety Code sets the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
At least one gram but less than four grams	Third-degree felony	Ten years	$10,000
Between four grams and less than 400 grams	Second-degree felony	20 years	$10,000
More than 400 grams	First-degree felony	Life	$50,000

Group 2-A

These are mainly synthetic cannabinoids (K2 and Spice, for example). Penalties are as follows:

Amount	Charge	Maximum jail time	Maximum fine
Less than two ounces	Class B misdemeanor	180 days	$2,000
Two to less than four oz.	Class A misdemeanor	A year	$4,000
Four oz. to less than five pounds	State jail felony	Two years	$10,000
Five pounds to less than 50 pounds	Third-degree felony	Ten years	$10,000
Fifty to less than 2,000 pounds	Second-degree felony	20 years	$10,000
More than 2,000 pounds	First-degree felony	99 years	$50,000

Groups 3 and 4

Group 3 controlled substances are common prescription drugs with a lower potential for abuse than those in Groups 1 and 2 but still lead to physical or psychological dependence.

Examples include Anabolic steroids, Benzphetamine, Clonazepam, Hydrocodone (under 300 mg), Ketamine, Methylphenidate, Ritalin, Secobarbital, Valium, Xanax, and Opiates not listed in Group 1. Group 4 includes all opiates and opioids that are not included in groups 1 or 3. It also includes various prescription medications that could potentially be abused.

Section 481.117 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 28 grams:	Class A misdemeanor	A year	$4,000
Between 28 to less than 200 grams	Third-degree felony	Ten years	$10,000
Between 200 to less than 400 grams	Second-degree felony	20 years	$10,000
More than 400 grams	First-degree felony	Life	$50,000

Critical Factors in a Drug Possession Case

We are not here to pass judgment. If you face drug charges, you must be totally honest with your attorney. Your case outcome depends on a number of factors, and we can only build the best possible defense for you if we have accurate information. You need to disclose:

• The amount of drugs found in your possession
• Type of drug involved
• Any previous criminal history (even if it isn’t drug-related)

If you’re found with a single joint, you could be charged with a Class B misdemeanor that could potentially cost up to $2,000 in fines and land you in jail for up to 180 days. In addition, your driver’s license could be suspended. A drug conviction on your criminal record could harm your career prospects and make it tougher to rent an apartment. 

Call us as soon as possible after your arrest.

Potential Drug Defenses in Houston

In Houston, drug defenses can be a challenge. More than 80% of our drug cases originated with a traffic stop. If you’re pulled over – no matter what the reason – never consent to a vehicle search. If police stop you – for any reason – and find drugs in the car, the law says they are yours (even if you didn’t know they were there), and it’s tough to prove otherwise. 

This means that most of our defense strategy involves challenging how the substances were found.

We can do this by examining:

• Were police search-and-seizure actions legal?
• What were the circumstances behind your arrest?
• Which drugs were seized?
• Did police officers use the correct procedures during your arrest?
• Do you already have a criminal history of drug-related activity?
• Is the police report accurate?
• Did police find drug paraphernalia?

If you were carrying legal drugs (or have a valid prescription that was not with you at the time), we will explore that as well.

We will also work with you to create a “good guy/gal packet,” which is a compilation of documents that highlight your positive actions, including work history, completion of drug awareness classes, lack of criminal history, volunteer actions, and evidence of remorse. The goal of the packet is to persuade prosecutors to be lenient and convince judges that you aren’t likely to be a repeat offender.

Tough Negotiators – With Compassion

At Michael & Associates, we believe that everyone is entitled to the best possible defense. Our clients are more than just names on a contract – we understand that everyone makes mistakes and will fight for the best possible outcome for each person. 

We will work aggressively to negotiate deals with reduced penalties.

For example, one of our recent cases involved a college student who was caught with a small amount of marijuana. Our client was a dean’s list student who was facing a criminal record for life.

Prosecutors agreed to dismiss the case upfront so that there is no active case or conviction on our client’s record. As long as the client does not break the law again, the case will not be refiled by the state.

This is our ultimate goal for each client – no conviction, no probation, and no criminal record. 

Contact us today to set up a free consultation.