Drug Possession Lawyer in Houston, TX

Texas Drug Possession FAQs

What are the penalties for possession of a controlled substance in Texas?

Penalties depend on the substance, penalty group, and amount. Unlawful possession of less than one gram of a Penalty Group 1, 1-B, or 2 substance is ordinarily a state jail felony, with a range of 180 days to two years and a fine up to $10,000. Marijuana possession of two ounces or less is ordinarily a Class B misdemeanor. Statutory authorizations, sentencing alternatives, and enhancements must also be checked.

Can I be charged with drug possession if the drugs were not on me?

Yes — through the doctrine of "constructive possession." Prosecutors must show you knew of the drugs and had care, custody, or control. Factors include proximity to the drugs, ownership of the location, paraphernalia in plain view, your conduct, and any statements. Mere presence is not enough on its own.

Will I lose my driver's license for a drug possession conviction in Texas?

A drug conviction can affect your driver’s license, but not every conviction triggers an automatic suspension. For a qualifying final conviction, the statutory period is generally 90 days, subject to an extension tied to drug education. Misdemeanor cases have separate rules based on prior drug convictions and a court’s public-safety finding.

Can drug possession charges be expunged in Texas?

An acquittal, dismissal, or qualifying pretrial intervention may support an expunction, but the result and statutory requirements must be checked. Completing a program does not erase records by itself. Some people who complete deferred adjudication may qualify for nondisclosure instead, subject to eligibility rules and any waiting period.

What happens if my home or car was searched without a warrant?

A search without a warrant is not automatically unlawful. The defense must examine the stop, any warrant, and any claimed exception to the warrant requirement, including valid consent or the automobile exception. If evidence was obtained unlawfully, a motion to suppress may keep it out of court; dismissal is not automatic.

Is possession of THC vape oil or wax a felony in Texas?

Unlawful possession of THC concentrate in Penalty Group 2 is a state jail felony below one gram; a third-degree felony at one gram or more but less than four grams; and a second-degree felony at four grams or more but less than 400 grams. At 400 grams or more, the range is five to 99 years or life and a fine up to $50,000. The aggregate weight includes adulterants and dilutants, not just pure THC. Compliant hemp and lawful medical possession must be considered separately.

Marijuana Bag With A Handcuffed Person in the Background

If you are facing drug charges for possession of controlled substances in Houston, then you need a qualified drug possession lawyer who is well-versed in criminal law to represent you. Drug crimes can become a very challenging situation, as such, you should seek proper legal representation.

George Napier is a skilled Houston drug crimes lawyer with extensive experience in helping clients when they are accused of a drug offense such as drug possession or drug trafficking. The criminal charges that an individual faces for drug-related crimes can result in very severe penalties that can impact their life. Whether you are charged with marijuana possession, illegal possession of prescription drugs, cocaine possession, crystal meth possession, or a drug-related offense involving a different illegal substance, you deserve proper legal representation in your case.

Drug offenses are often difficult to manage, especially if you are struggling with addiction or have a criminal history involving illegal drugs. When you are faced with a drug charge, you should choose Napier Law Firm. You can find more information about the services George Napier provides by visiting our areas of practice page.

Understanding Drug Possession Laws in Houston, TX

Texas possession charges depend on the substance and amount. Unlawful possession of less than one gram of cocaine is ordinarily a state jail felony, while two ounces or less of marijuana is ordinarily a Class B misdemeanor. If federal charges are alleged, the federal statute charged needs a separate analysis.

Types of Drug Possession Charges

Drug possession under Texas law can be a misdemeanor, a state jail felony, or a higher-degree felony. The substance, amount, and any applicable enhancement matter. Federal charges require a separate analysis of the federal offense alleged.

Federal drug cases like federal drug trafficking are oftentimes much more challenging than misdemeanor or felony cases, as the federal court might suggest more harsh punishments for a federal charge than you would see at a local or state level. This is why it is important to place your trust in an experienced attorney who is familiar with federal law and focuses on drug possession defense.

Consequences of Drug Possession Convictions

For Texas controlled-substance possession, the State generally must prove knowing or intentional possession of a substance covered by the charged statute. A valid prescription or other statutory authorization may matter. DEA registration is not the general test for whether a patient or other individual lawfully possesses a substance. Manufacturing and delivery are separate offenses.

Some of the possible punishments for drug possession cases include jail time, fines, probation, and prison time. If you are facing a drug charge in Harris County, Montgomery County, or another county in the Houston area, then you should contact an experienced criminal defense attorney from Napier Law Firm. 

The importance of hiring a drug possession lawyer

A drug crime lawyer can help you when you are accused of Houston drug crimes such as drug possession, manufacturing cocaine, or violations involving other controlled substances. A Texas drug crime lawyer can help you avoid punishments such as time in local, federal, or state jail.

The role of The Napier Law Firm, PLLC in drug possession cases

The Napier Law Firm’s role in your drug possession case is to serve as your advocate during your time in the criminal justice system. It is important to contact The Napier Law Firm before you are questioned.

Photo of Drugs and Syringes

Experience of The Napier Law Firm’s criminal defense lawyers in drug crimes

George Napier from The Napier Law Firm has years of experience in defending clients from drug charges. With this experience, George Napier can represent every client with a personalized approach to their case.

Building a strong defense strategy 

The Napier Law Firm can obtain statements from witnesses, police reports, and other information that can be used to help you. This allows us to provide the defense that has the highest chance of resolving the case in your favor.

Negotiating with prosecutors and exploring alternate resolutions

Not every drug case is handled in the same way. For example, cocaine punishments depend on the amount of cocaine you are accused of possessing and the circumstances of the possession. Cocaine punishments range from a short time in jail to a lengthy prison sentence.

A state jail felony is not an alternative to incarceration; its ordinary range is 180 days to two years in state jail and a fine up to $10,000. Community supervision may be available, and Article 42A.551 requires it for specified state jail drug convictions when its conditions are met. Prior felony history, adjudication after deferred adjudication, and specified quantity exceptions can change that result.

Success stories and testimonials

The Napier Law Firm has received widespread public support from our previous clients. This is evidenced by our five-star reviews from our previous clients.

Benefits of hiring The Napier Law Firm, PLLC

The Napier Law Firm has years of experience defending clients accused of drug possession and DWI cases in Houston involving drug intoxication. George Napier will use his experience and knowledge to represent you whether you are facing a jury trial, a local trial, or a federal trial.

Frequently Asked Questions

How do you beat a possession charge in Texas?

The best way is to hire a qualified Houston drug crimes attorney. A drug crimes lawyer can help you build a strong defense.

Is possession a felony in Texas?

A small amount can still be a felony. Unlawful possession of less than one gram of a Penalty Group 1, 1-B, or 2 substance is ordinarily a state jail felony. Marijuana, Penalty Group 2-A, and some prescription-drug offenses have different thresholds.

What is the law on drug possession in Texas?

Texas generally prohibits knowing or intentional possession of a controlled substance unless the law authorizes it, such as through a valid prescription that meets the applicable statute. The drug’s penalty group and amount determine the starting classification. Marijuana has its own possession statute.

Contact The Napier Law Firm Today

When you need a criminal defense attorney, get in touch with The Napier Law Firm. George Napier is an experienced and qualified defense attorney who offers a personalized and professional approach. Contact The Napier Firm online for a free consultation.

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