Houston Drug Possession Attorney

Being arrested with a drug possession charge can be intimidating and frightening. Your world may turn upside down in an instant, with no friendly faces or allies to hear your story. Always ask to speak with your attorney the moment you face drug possession charges.

The laws that govern drug possession in the United States are complex. Every kind of drug and drug amount has a unique set of standards that dictate how a person who is convicted will be sentenced. In Texas, possession is considered the concealment of an illegal drug on your person or property found during an investigation.

Merely finding an amount of drugs nearby your person is not enough for a conviction. Prosecutors also have to prove knowledge of the drug. Every state defines possession and the penalties for possession a little bit differently. Texas uses a “penalty group” arrangement that classifies drugs in four different ways depending on the addictiveness and dangerousness of the substance.

Being charged with drug possession, even marijuana, is considered a serious offense in Texas. To fight a charge and protect your rights, you will need the guidance and representation of an attorney who is familiar with Texas drug possession laws and the court systems in your jurisdictions. From state to federal and drug courts, the range of penalties arising from convictions may be different in every case.

Possession Penalties According to Classification

In Texas, the penalties for drug possession are as follows:

  • Penalty Group 1. This group contains cocaine, heroin, and methamphetamine.
  • Penalty Group 1A. Hallucinogens like LSD are included in this group and sentencing could include life in prison or up to $250,000 in fines.
  • Penalty Group 2. This group includes many of the “club drugs” such as ecstasy, mescaline, and molly (MDMA). Life imprisonment and fines up to $50,000 may be imposed for this class of drug possession.
  • Penalty Groups 3&4. These groups include the possession of prescription drugs in the absence of a valid prescription. Maximum penalties for these groups include 20 years in prison and $10,000 in fines.
  • Marijuana. Classified on its own, marijuana penalties could be as long as 20 years in prison or life imprisonment and $10,000 in fines. Marijuana convictions are more likely than others to be eligible for alternative forms of sentencing such as drug rehabilitation and probation periods as an alternative to prison time.

Drug Possession Punishment Ranges in Texas

wdt_ID Class Possesion Fine/Criminal Charges
1 Class C Possession of Drug Paraphernalia 0-$500 fine
2 Class B Possession of Marijuana (0-2 oz) 0 – 180 days in jail
3 Class A Possession of Marijuana (2-4 oz) 0-1 year in jail
4 4th Degree Possession of Marijuana (between 4oz - 5 lbs) or Possession of Penalty Group 1 -- includes drugs such as Cocaine and Heroin (Less than 1 gram) 6-24 months in state jail
5 3rd Degree Possesion of Marijuana (between 5 - 50 lbs) or Possession of Penalty Group 1 (1-4 grams) 2-10 years in prison
6 2nd Degree Possesion of Marijuana (50 - 2000 lbs) or Possesion of Penalty Group 1 (4-200 grams) 2-20 years in prison
7 1st Degree Possession of Penalty Group 1 (200-400 grams) 5 years – life in prison
8 Enhanced Penalty For 1st Degree Possesion of Penalty Group 1 (over 400 grams) 10 years - life in prison

Contact a Houston Drug Possession Lawyer Today

If you are charged with the possession of any of these drugs or others, you could be facing serious jail time and a mark on your permanent record. Everything from how a drug was concealed to the amount found and a past history of convictions will become part of the case against you. In addition to prison time and fines, convicted persons may also face driver’s license suspension, probationary terms including community service, and drug treatment and rehabilitation programs.

The only way to ensure that your rights are protected and that your case is heard in a fair and just manner is to secure the services of an experienced attorney. The attorneys who work at the Law Office of David A. Breston have completed numerous successful drug possession cases.

Regardless of whether your charge faces judgment according to state or federal laws, our attorneys will be able to help you through your case at any level. We provide personalized legal services that hinge on a strong relationship with our clients. By fully understanding your case, we can offer you advice, counsel, and help you make the most informed decisions at every step of the way.