Are you facing drug charges in San Antonio? Michael & Associates has defended countless drug cases across Bexar County and the surrounding region, ranging from marijuana possession to possession of drug paraphernalia.

Drug charges in Texas must be taken seriously and can leave you saddled with a criminal record for life.

If you’re tempted to plead guilty just to make the charges disappear, don’t do it. This would be a mistake. You need an experienced defense attorney who knows the key players in the San Antonio area. One who will fight to get you the best possible results.

Common Drug Charges in San Antonio

How we approach your case will also depend on the charge you’re facing. The four most common charges in San Antonio are:

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

The drug involved and the amount found in your possession are also key factors. Penalties range from a Class C misdemeanor with a $500 fine up to an enhanced felony, which 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 confusing and inconsistent. Sometimes, what’s legal in one city may be illegal a few miles away, just across the city limits. This makes marijuana possession one of the most common charges we see. 

Pot policies vary across the state. San Antonio voters rejected a ballot initiative in 2023 that would have decriminalized marijuana. Other Texas counties have diversion programs for low-level offenses. Some cities, like Austin, have passed decriminalization measures. 

This is why it’s crucial that you have an experienced attorney fighting on your behalf. The penalties you face can often depend on exactly where you’re pulled over. 

And although marijuana possession is illegal in Texas, low-dose hemp-based products such as Delta 9 THC are legal. The distinction causes confusion because marijuana and hemp are both derived from the same cannabis plants.

Complicating matters further, “marijuana” possession applies only to buds, plants, and flowers. If you’re caught with vape pens, gummies, tinctures, edibles, mints, beverages, and other products, you may face different penalties because these are classified as “controlled substances,” which we’ll explain in a moment. 

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

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” means that a drug is in your “actual care, custody, control or management.” The drug found in your possession will determine the severity of the charge. Texas classifies controlled substances by group. 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. That’s because Texas classifies controlled substances by group based on perceived danger and potential for addiction.  

Bexar County has a cite-and-release program that allows cops to decide whether to ticket people for nonviolent, low-level offenses instead of arresting them and taking them to jail, which means that how police handle your case could vary based on the officer who stops you. 

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 San Antonio

Most drug cases in Bexar County in 2023 ended in guilty pleas or dismissals.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of Drug Paraphernalia

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

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

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 controlled substances in San Antonio.

This is defined by Health and Safety Code Section 481.119 as manufacturing or possessing a controlled substance with the intent of delivering 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 of Controlled Substances in San Antonio

Most manufacture or delivery of controlled substances cases in Bexar County in 2023 ended with guilty pleas or dismissals.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Other Drug Charges in San Antonio

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

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

A drug conviction remains on your criminal record for life. If you’re facing drug charges, contact us immediately so we can start building your defense.

Classification of Controlled Substances in Texas

The Texas Controlled Substances Act has assigned each drug 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 classification, substance, and 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 with no acceptable medical use and a high potential for abuse.

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

Section 481.115 of the Texas Health and Safety Code has established 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 bottle caps, needles, or hollowed-out pens, you’ll face a fine of up to $500. 

Group 1-A

Due to the nature of abuse, Group 1-A substances are classified separately. 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

Group 2 controlled substances include hallucinogens and other substances that have some acceptable medical uses but also have a high potential for abuse.

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

Section 481.116 of the Texas Health and Safety Code establishes 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

This subgroup is primarily 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 includes common prescription drugs that can still lead to physical or psychological dependence but have a lower potential for abuse than those in Groups 1 and 2.

Examples include Valium, Xanax, 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 judge you. We understand that people make mistakes. If you’re facing drug charges, it is crucial that you’re completely honest with your attorney. We can only craft the best possible defense for you if we have accurate information. You will need to answer the following questions:

• What types of drugs were involved?
• What was the amount of drugs found in your possession?
• Do you have any previous criminal history (even if it isn’t drug-related)?

If you’re found with one joint, you could face a Class B misdemeanor charge that could land you in jail for up to six months and potentially cost up to $2,000 in fines. Your driver’s license could also be suspended. Any drug conviction on your criminal record could affect certain career prospects and make it more complicated to rent an apartment. 

Call us as soon as possible after your arrest.

Potential Drug Defenses in San Antonio

More than 80% of our drug cases start with a traffic stop. 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 much of our defense strategy involves challenging your arrest. 

We can do this by examining:

• What were the circumstances?
• 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?
• Was the search-and-seizure process legal?

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 each client is entitled to the best possible defense. Everyone is more than just a name on a contract – we understand that people make mistakes and will fight to get you the best possible outcome. This includes working to negotiate plea agreements with reduced penalties.

For example, a recent case involved a college student who was caught in Comal County with a small amount of marijuana. The client – a dean’s list student – was facing a criminal record for life.

After tough negotiations, prosecutors agreed to dismiss the case upfront so that the client has no active case or conviction on their record. The case will not be refiled by the state as long as the client does not break the law again.

This is our goal for every client — no probation, no conviction, and no lifelong ramifications.

Contact us today to set up a free consultation.