Drug Crimes Lawyer in Houston, TX

Schedule Appointment

Home » Houston » Drug Crimes

Contact Us

Free consultation – 24 hours a day.
7 days a week.

Areas We Serve

Resources

Texas Drug Crime FAQs

What are the Texas drug penalty groups?

Texas Health & Safety Code Chapter 481 organizes controlled substances into Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4. Marijuana possession is addressed separately in Section 481.121. Group 1 includes heroin, cocaine, methamphetamine, and oxycodone; Group 1-A covers LSD; Group 1-B covers fentanyl and specified derivatives. Group 2 includes MDMA and certain THC products. The substance and amount determine the starting charge, subject to statutory authorizations and enhancements.

Is possession of marijuana a felony in Texas?

For unlawful possession of a usable quantity of marijuana, two ounces or less is a Class B misdemeanor; more than two ounces through four ounces is a Class A misdemeanor; and more than four ounces through five pounds is a state jail felony. Larger amounts bring higher felony grades. These are the ordinary classifications before any applicable enhancement. Unlawful THC concentrate possession is analyzed separately under Penalty Group 2; compliant hemp and lawful medical products are not automatically treated as illegal concentrates.

What is the penalty for possession of THC concentrate or vape 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.

Can drug charges be dismissed if the search was illegal?

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.

What is the Texas pretrial diversion program for drug charges?

For a drug case, a lawyer should check whether a pretrial intervention or drug-court program is available, which eligibility requirements apply, and what completion would mean for the charge. Do not assume that a program is available or that completion automatically clears the record. Expunction requires its own statutory eligibility and a court order.

Is possession with intent to distribute different from simple possession?

Yes. Simple possession and possession with intent to deliver are separate offenses. Under the applicable statute, the State must prove intent to deliver as well as possession; a completed sale is not required for a possession-with-intent charge. The substance and quantity determine the applicable provision and penalty, which is not always higher at every weight.

Practice Areas

Person Holding Drugs In A Small Packet Bag

Drug crime federal laws and Texas state laws prohibit the possession, manufacture, and sale of certain controlled substances like ecstasy, cocaine, and heroin. The estimated cost of drug abuse, including illegal drugs, tobacco, and alcohol, is more than $740 billion a year, according to the National Institute on Drug Abuse. 

If you’ve been charged with drug offenses and are facing drug charges in Houston, speak with a Houston drug crimes attorney. The experienced criminal defense law professionals at Napier Law Firm are prepared to protect your rights under Texas criminal law so sit down with a Houston drug lawyer for a free consultation. 

What Is a Drug Crime in Texas?

Different drug actions are considered crimes in Texas. The most common Houston, TX drug crimes involve drug trafficking, drug possession, and drug use. The penalties and fines for Texas drug crimes vary based on the severity, type of illegal drugs involved, and the amount of drugs involved. Many drug crimes result in misdemeanor cases and some result in felony charges. 

Texas law considers drug offenses to be serious crimes. That’s why illegal drug laws are categorized into different categories. Drug classification typically accounts for the drug’s addictiveness and legitimate medical purpose. The most commonly used drugs in Texas include methamphetamine, cannabis, and cocaine.  Federal laws and state laws prohibit the possession, manufacture, and sale of certain controlled substances.

Drug crimes involving aggravating events often lead to more serious punishments. Aggravated events are acts that occur in addition to drug offenses such as robbery, burglary, assault, murder, rape, homicide, and more. If you are facing Houston drug crime charges, a trusted drug defense law attorney can create a good legal defense to minimize penalties and fines or even get the case dismissed. 

What Are the Types of Crimes Associated With Drugs?

The most common crimes associated with drug convictions in Texas are the possession of drugs or a controlled substance, possession of drug paraphernalia, and the possession/delivery of a controlled substance with the intent to distribute it. Each Houston drug crime has regulations and penalties associated with the charges. 

Common Drug Charges In Houston

If you’ve received a drug charge, you could face severe penalties. Here are some of the most common drug charges that our firm has experience dealing with:

  • Marijuana possession
  • Cocaine possession
  • Drug distribution
  • Drug trafficking
  • Drug manufacturing
  • Illegal sale of prescription drugs
  • Drug possession with intent to distribute
  • Other drug-related charges

If you need a drug possession attorney, sit down with a skilled drug crime lawyer from Napier Law Firm for a free consultation to discuss your state or federal drug charges. 

The penalties for possession of an illegal substance range from simple misdemeanors to serious felonies. The type and amount of the drug in possession, how it was being carried, concealed, and handled, the criminal law in question, how much (if any) paraphernalia was found, and the record of drug offenses are all factors taken into account.

Drug Possession in Houston, TX

The severity of your punishment for a drug offense depends on several factors. The following outlines how the type of drugs can influence the drug charges:

  • Penalty Group 1 includes cocaine and heroin; Group 1-B covers fentanyl and specified derivatives. Unlawful possession below one gram is ordinarily a state jail felony, with a range of 180 days to two years and a fine up to $10,000. At 400 grams or more, possession carries ten to 99 years or life and a fine up to $100,000. Group 1-A covers LSD and uses abuse units rather than grams.
  • Penalty Group 2 includes MDMA and certain THC products, not PCP itself. Unlawful possession below one gram is ordinarily a state jail felony. At 400 grams or more, the range is five to 99 years or life and a fine up to $50,000. Compliant hemp and lawful medical possession must be considered separately.
  • Penalty Group 3 includes Valium and Ritalin. Unlawful possession below 28 grams is ordinarily a Class A misdemeanor, with up to one year in jail and a fine up to $4,000, or both. At 400 grams or more, the range is five to 99 years or life and a fine up to $50,000.
  • Penalty Group 4 includes certain limited-narcotic medicinal mixtures and other specifically listed substances; it is not a general category for morphine and opium. Unlawful possession below 28 grams is ordinarily a Class B misdemeanor, with up to 180 days in jail and a fine up to $2,000, or both. At 400 grams or more, the range is five to 99 years or life and a fine up to $50,000.
Loads Of Drug Bags On A Table

Common Drug Defenses in Houston Drug Crimes

Napier Law Firm has a track record of success in drug crimes defense, a legal specialization in criminal defense, and an understanding of federal drug cases, Houston drug charges, drug possession charges, and more. Here are some of the most common defenses used in drug charge cases: 

  • The State cannot prove you knowingly exercised care, custody, control, or management over the drugs.
  • You had no idea the drugs were there and therefore had no intent on exercising “dominion and control” over them.
  • The police illegally discovered the drugs.
  • Prosecutors must prove the elements of the charged offense, including knowing possession and the identity of the controlled substance. The defense can examine where the substance was found, how it was handled, and whether testing supports the charge.

Drug Crimes Defense Attorney

Harris County, Texas drug laws are strict concerning drug offenses related to narcotics and illicit drugs. That’s why it’s important to work with a drug offense lawyer because our Houston drug crimes lawyers understand what’s at stake, are familiar with the law, and have experience in state and federal court. 

Hire a Houston Drug Crimes Lawyer Immediately

Many drug-related charges can be resolved by paying small fines and/or community service. However, admitting to a major drug crime can be detrimental. That’s why it’s important to remember that when you have been arrested and are questioned by police, you don’t have to tell them anything without your lawyer present. If you are facing a drug-related offense charge, contact an experienced drug law attorney for a free consultation.

To explore the broad spectrum of legal services offered by The Napier Law Firm, including representation in criminal defense cases, or to schedule a complimentary consultation, please do not hesitate to contact our team. For more information on how our Houston criminal defense attorneys can assist you, visit our dedicated page on criminal defense law.

Free Consultation

Free consultation – 24 hours a day.
7 days a week.

Schedule Consultation