Facing Drug Charges in Texas? You Need to Fight Back.
Our team of dedicated criminal defense attorneys, former prosecutors, ex-judges, and even a former FBI agent will examine your case from all angles. You aren't just getting one lawyer. Everyone works together to help get you the best possible outcome.
Facing drug charges in Texas can be worrisome and confusing. Penalties are strict, but state laws are ambiguous and inconsistently enforced. Where you’re arrested will make a significant difference, and it’s essential to hire an attorney you can trust who understands the nuances of each jurisdiction when it comes to enforcing drug laws.
For instance, you could end up facing 180 days in jail for possessing less than two ounces of marijuana in some places, while other cities often won’t prosecute low-level offenses. And the substance in your possession makes a huge difference as well.
Texas Drug Possession Laws
Drug laws in Texas are particularly complex. They change frequently, and sometimes even law enforcement isn’t familiar with the latest laws. And while some counties don’t prosecute some minor marijuana infractions, other counties throw the book at potential offenders. Where you’re arrested is almost as critical as the substance you’re accused of possessing.
The most common drug-related charges in Texas include marijuana possession and possession of controlled substances without a valid prescription.
Marijuana Possession
Although marijuana laws continue to evolve across the U.S., weed continues to be illegal statewide. This includes cannabis-derived edibles, vape cartridges, and oils.
READ MORE: Study investigates whether your THC gummies are legal
Possession of a Controlled Substance
Under the Texas Health & Safety Code (Sections 481.115–481.118), it is a crime to knowingly or intentionally possess a controlled substance without a valid prescription.
Penalties depend on the substance and the quantity found. You could face a misdemeanor or a felony charge with potential jail time.
READ MORE: Texas drug laws
Other Drug Crimes in Texas
Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, 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: §481.113Manufacture 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
Texas Drug Penalty Groups and Consequences
The Texas Controlled Substances Act categorizes drugs into groups based on their risk and medical use:
Drug Crime Penalty Groups in Texas
The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Texas has classified marijuana as a Schedule 1 controlled substance. This means that the state considers marijuana to have a high potential for abuse and no currently accepted medical use.
The penalties decrease based on the group classification and the amount involved.
Here are the classifications:
|
Schedule |
Examples |
Potential charges (based on volume) |
|
Group 1: |
Codeine |
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: |
PCP |
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; lower abuse potential (§481.104) |
Valium |
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
We start every case by examining whether your arrest was lawful.
- Did local law enforcement officers appropriately test the substance in your possession?
- Were your rights violated?
- Was there probable cause?
- Was evidence obtained through an illegal search?
- Did you have a valid prescription?
- Was the substance truly in your possession?
We Know What’s at Stake
At Michael & Associates, we understand that a drug conviction can affect your future for years to come.
One mistake shouldn’t define your life.
Our team brings compassion and a commitment to real outcomes. Whether it’s working to get the charges against you dismissed, negotiating for pretrial diversion, or fighting in court, we’re ready to work tirelessly to protect your future.
