Drug Possession Lawyer in Conroe, TX

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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.

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Photo of Drugs and Syringes

Drug possession charges are taken extremely seriously in Conroe, TX, and other cities in Montgomery County. If you are found with controlled substances, you could face severe penalties. The consequences can have a long-term negative impact on your life, and you may never be able to fully recover from a drug possession conviction. However, our criminal defense lawyer can help you fight the drug possession charges. At Napier Law Firm, we have the experience, legal knowledge, and resources to build a strong defense against drug possession charges. 

Drug Possession Laws In Conroe, TX

Texas uses Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4 for controlled-substance possession. The substance and amount determine the starting charge; marijuana has a separate possession statute. Prior convictions and other statutory enhancements can change the punishment.

Penalty Group 1 includes cocaine, methamphetamine, heroin, ketamine, and PCP. Fentanyl is in Penalty Group 1-B, while LSD is in Penalty Group 1-A and is measured in abuse units. Penalty Group 4 includes certain limited-narcotic medicinal mixtures and other specifically listed substances; it is not simply a category for small amounts of depressants or stimulants.

The possession of a controlled substance is typically charged as a felony in Texas; however, the charges depend on several factors including the amount of substance and the prior history of the defendant. 

Drug-free-zone provisions can increase punishment when the offense and location meet the statute’s requirements. Marijuana is treated separately from other controlled substances: unlawful possession of two ounces or less is ordinarily a Class B misdemeanor, while more than four ounces can be a felony. Compliant hemp and lawful medical possession require a separate analysis. You can discuss the substance, weight, and location alleged in your case with our Conroe drug possession attorney.

Legal Defense To Drug Possession Charges in Montgomery County

The most commonly used legal defense to drug crimes such as drug possession charges is lack of knowledge. The prosecution has to prove that not only did you possess drugs, but that you were aware of them and had control over them. 

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.

There are several other defenses, including improper chain of custody and entrapment. Drug possession attorneys can guide you on the best legal defense for your case. As each case is unique, a Conroe drug possession defense attorney will have to evaluate the specifics of your case to determine your best legal options. 

Consult A Criminal Defense Attorney In Conroe, TX

We understand that it can be nerve-wracking to be charged with a drug possession crime. However, you are innocent until proven guilty.  Allow us to build a strong defense against the drug charges. 

At The Napier Law Firm, we handle a wide range of criminal cases, including drug possession charges in Conroe, TX. This includes cases that involve transportation of prescription drugs across state lines, forged prescriptions, possession of drugs without prescription, and more. Explore Napier Law Firm, PLLC’s experience in drug crimes. When you are ready, contact us to schedule a consultation with an experienced drug possession lawyer. For more information on drug possession laws, visit drug possession lawyers in Houston, TX.

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