When facing drug charges, several factors can influence the outcome of your case—such as the type and quantity of the drug, whether minors were involved, and your criminal history. These cases are complex and require the guidance of a skilled defense attorney.
If you or a loved one is under investigation or has been charged with a drug offense, it is crucial to act quickly. At The Napier Law Firm, we defend clients accused of drug crimes ranging from simple possession to complex felony trafficking conspiracies. Whether you were pulled over with a small amount of marijuana or are facing a felony indictment for distribution, we have the experience, insight, and resources to fight for your future. As former felony prosecutors, George Napier and Monica Cooper Napier use their insider knowledge to craft strong, strategic defenses tailored to your unique circumstances. We bring years of experience, and we understand how to challenge the government’s case at every stage.
What Is a Drug Crime in Texas?
Drug crimes in Texas fall under either state law or federal law, depending on factors such as:
- Whether the alleged offense crosses state lines
- The quantity and classification of the controlled substance
- Allegations of conspiracy, trafficking, or organized distribution
While local law enforcement investigate many drug crimes, federal agencies like the DEA or FBI investigate violations of federal drug law.
Federal drug charges can vary widely depending on the nature of the alleged offense. Common felony drug crimes include distribution, drug sales, trafficking, manufacturing controlled substances, and cultivation. These cases often involve drugs such as marijuana, cocaine, heroin, and MDMA (ecstasy). Additionally, drug laws cover the illegal possession or distribution of prescription medications without a valid prescription—such as Vicodin, Xanax, and Oxycodone.
Authorities aggressively investigate and prosecute these offenses, and convictions can lead to harsh penalties including mandatory minimum sentences.
Types of Drug Offenses We Defend
We handle many types of drug-related charges at the state and federal level. Our firm represents clients in state courts in Houston, The Woodlands, Montgomery County, and Fort Bend County, Texas, as well as federal courts including in the Southern District of Texas and the Eastern District of Texas.
State-Level Drug Crimes
- Simple Possession (including marijuana, cocaine, ecstasy, THC oil)
- Possession with Intent to Distribute
- Drug Manufacturing or Cultivation
- Prescription Drug Offenses (doctor shopping, forged scripts)
- Possession in Drug-Free Zones (school or park enhancements)
Federal Drug Crimes
- Drug Conspiracy
- Prescription Drug Fraud, Abuse, or “Doctor Shopping”
- Interstate Trafficking & Importation
- Operation of a Continuing Criminal Enterprise
- Fentanyl, Heroin, Meth, Cocaine, Hydrocodone, and Oxycodone Distribution
- Money Laundering or Asset Seizures Related to Drug Activity
Under federal law, conspiracy charges can be brought even if no drugs are found, so long as there’s evidence of an agreement and one overt act in furtherance of the conspiracy.
Schedule of Controlled Substances
Drugs are categorized by schedules according to their accepted medical use and potential for abuse or addiction:
Schedule I & II Substances (Most Heavily Prosecuted):
- Heroin
- Cocaine
- Methamphetamine
- Ecstasy (MDMA)
- LSD
- THC extracts and concentrates (federally illegal)
Prescription Drugs That May Lead to Charges If Misused:
- OxyContin (oxycodone)
- Hydrocodone
- Adderall
- Xanax
- Codeine
- Ativan
- Vicodin
Even legal medications can result in criminal charges when obtained without a valid prescription or distributed unlawfully.
Prescription Drug Charges and “Doctor Shopping”
Today’s opioid crisis has resulted in an uptick in prosecutions for prescription drug abuse. These cases often involve people who became dependent after legitimate medical treatment and turned to “doctor shopping” to maintain their supply. Unfortunately, the justice system may not show the same compassion as the public.
What is Prescription Fraud?
Prescription fraud includes:
- Visiting multiple doctors to obtain the same controlled medication
- Forging prescriptions
- Illegally possessing prescription pads
- Operating or working at a “pill mill” (a clinic prescribing medications for profit)
The DEA reclassified hydrocodone as a Schedule II controlled substance in 2014, making prescription practices even more restricted and triggering tighter surveillance of both patients and providers.
The Texas Prescription Monitoring Program (PMP) tracks controlled substance prescriptions across the state. Law enforcement can access this data during investigations, which has led to increased scrutiny of pharmacies, doctors, and even nurses.
Are You a Healthcare Professional Accused of Fraud?
Many doctors, pharmacists, and clinic staff are wrongly accused and investigated based on statistical data alone—without understanding the context of each prescription. We defend professionals who find themselves targeted in federal investigations and “pill mill” task force sweeps.
Texas Drug Penalties Are Harsh. Federal Drug Penalties Are Worse
The consequences for drug crimes vary depending on:
- The type of drug
- The amount in possession
- Whether the offense involved intent to distribute
- Any prior criminal history
Texas law—and federal law—impose mandatory minimum sentences for certain quantities of drugs. A case initially charged as possession can quickly escalate to possession with intent to deliver, exposing you to long prison terms and heavy fines.
Texas Drug Penalties
Penalties in Texas are based on the Penalty Group (I–IV) and quantity involved.
- Possession of less than 1 gram of a Penalty Group 1 substance = State Jail Felony (up to 2 years)
- More than 4 grams with intent to distribute = Second or First-Degree Felony (2 to 99 years)
- School zones can trigger mandatory minimums and sentence enhancements
Federal Drug Penalties
In federal court, relevant conduct can be used to increase drug weight calculations—meaning even uncharged or unseized amounts can influence your sentence if prosecutors can link them to you.
Federal drug cases often carry mandatory minimum sentences based on the drug type and weight:
- 5 years to life for 100+ grams of heroin or 500+ grams of cocaine
- 10 years to life for larger quantities or prior felony convictions
- No parole in federal court—only limited “supervised release” after serving time
What Are the Penalties for Drug Trafficking in Texas?
Drug trafficking or distribution charges are among the most serious in the criminal justice system. Even if you had no intent to sell drugs, prosecutors often use quantity alone to presume intent. The penalties include:
- Felony charges
- Long-term incarceration
- Asset forfeiture
- Loss of civil rights and employment opportunities
The federal sentencing guidelines are unforgiving—especially if your case includes enhancements like firearms, conspiracy, or involvement in an alleged drug ring.
Your Defense Begins With the Constitution
Many drug arrests result from questionable searches, improper traffic stops, or violations of your Fourth Amendment rights. The U.S. Supreme Court has clarified more law in the area of search and seizure than in any other. That’s why working with a Texas drug crimes attorney who understands the nuances of constitutional law is essential to winning your case.
Our legal team scrutinizes the facts, from the stop itself to how the evidence was seized. If police failed to follow proper procedure, we’ll file to suppress the evidence and fight to have your case dismissed.
Common Defenses Against Drug Charges
Our experienced team evaluates your case for all possible defenses, such as:
- Unlawful search and seizure
- No probable cause for traffic stop
- Drugs not belonging to you
- Insufficient evidence of possession or intent to distribute
- Entrapment by law enforcement
- Mistaken identity or coerced confession
At the Napier Law Firm, we don’t rely on cookie-cutter defenses. We tailor your strategy based on the unique facts of your case and the tactics prosecutors are likely to use.
Strategic Drug Crime Defense – How We Fight Back
We build custom defense strategies for each client by focusing on constitutional violations, procedural errors, and mitigating facts. Our approach includes:
Challenging the Stop, Search, or Seizure
- Was the traffic stop legal?
- Did officers have probable cause?
- Was the warrant valid?
- Were your Fourth Amendment rights violated?
Analyzing the Evidence
- Were drugs found in your possession—or merely nearby?
- Was lab testing done properly?
- Is there proof of “intent to distribute,” or were drugs for personal use?
Fighting Conspiracy & Trafficking Allegations
- Is there any direct evidence of a distribution agreement?
- Were you simply present, or actually involved?
- Can the government prove you committed an overt act?
Sentencing Mitigation
If a conviction is likely or a plea offer is strategic, we fight for:
- Diversion or deferred adjudication (for eligible first-time offenders)
- Probation or alternative sentencing
- Drug court referrals
- Downward departures or variances in federal court
Why Clients Trust The Napier Law Firm
Former Prosecutor Insight – We know how the State builds its cases and how to dismantle them
Federal Court Admissions – Licensed across Texas federal jurisdictions
Client-Focused Representation – Clear communication, trial readiness, and tailored defense
With years of experience—including time spent in both state and federal prosecution offices—we have a deep understanding of how drug cases are built and how to dismantle them.
We defend clients in:
- Pre-indictment investigations
- State and federal court
- Jury trials including major felony drug cases and federal drug cases
Contact Our Houston Criminal Defense Attorneys Defending Drug Crimes Today
If you’ve been arrested, charged, or contacted by law enforcement in Houston, The Woodlands, Harris County, Montgomery County, Fort Bend County, or the greater Houston area, don’t wait to protect your rights. The earlier you involve the Napier Law Firm criminal defense team, the more we can do to help.
Call today. Your future depends on it.