Drug Crimes

When you or someone you love is facing a drug crimes charge, a lot is on the line. Drug crimes are prosecuted aggressively in Texas with major consequences people often don't see coming. Many drug crimes cases are the result of questionable (sometimes outright illegal) police practices. When you're facing a drug crimes case, you need an experienced drug crimes lawyer who knows illegal search & seizure law and is willing to push back against government overreach. 

More and more, the addiction problems that underpin many drug crimes cases are now being given the attention they deserve. You need a knowledgeable drug crimes lawyer who can see if pre-trial diversion programs and/or drug treatment can benefit you or your loved one.

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A proven Track Record

State  v. NP - Possession of Controlled Substance 4-200g Intent to Deliver - illegal search suppressed. DISMISSED!

State v. BB - Possession of a Controlled Substance 1-4 grams - pretrial diversion. DISMISSED!

State vs. SB - Possession of a Controlled Substance 1-4 grams - deferred probation & drug treatment!

State vs. RT - Possession of Marijuana < 2oz - illegal search suppressed. DISMISSED!

State vs. AM - Possession of Marijuana < 2oz - DISMISSED!

State vs. CB - Possession of Marijuana 2 - 4oz - DISMISSED!


Possession of marijuana

A person commits possession of marijuana if he is found in the care, custody, control, or management of marijuana. Possession of  2 ounces or less is a Class B misdemeanor (up to 6 months in the county jail and up to a $2,000 fine). Possession of 2 - 4 ounces is a Class A misdemeanor (up to 1 year in the county jail and up to a $4,000 fine). Possession of 4 ounces to 5 pounds is a state jail felony (6 months - 2 years in the state jail facility and up to a $10,000 fine). Possession of 5-50 pounds is a third-degree felony (2-10 years in prison and up to a $10,000 fine). Possession of 50-200 pounds is a second-degree felony (2-20 years in prison and up to a $10,000 fine). Possession of more than 2,000 pounds is punishable by 5-99 years in prison and up to a $50,000 fine. 

Possession of marijuana with the intent to deliver bumps the punishment up one degree. Common ways to prove intent to deliver include drugs being individually packaged for sale, possession of scales or other materials used to cut/distribute drugs, or possession of a quantity of drugs that is larger than what a drug user would normally carry.

Possession of a Controlled Substance

A person commits possession of a controlled substance if he possesses (care, custody, control or management of) a controlled substance (like cocaine, methamphetamine, heroin, et cetera). It's not ownership (who's drugs they actually are) but possession (care, custody, control, or management).

The penalty range of possession of a controlled substance depends on the type of substance and the weight. For drugs like cocaine, heroin, and methamphetamine, possession of under 1 gram is a state jail felony (6 months - 2 years in the state jail facility and up to a $10,000 fine); possession of 1-4 grams is a third-degree felony (2-10 years in prison and up to a $10,000 fine); 4-200 grams is a second-degree felony (2-20 years in prison and up to a $10,000 fine); 200+ grams is a first-degree felony (5-99 years or life imprisonment and up to a $10,000 fine). 

Possession with the Intent to Deliver

A person commits possession with the intent to deliver if possesses a controlled substance "with the intent to deliver." Intent to deliver is a fact question for the jury. Common ways to prove intent to deliver include drugs being individually packaged for sale, possession of scales or other materials used to cut/distribute drugs, or possession of a quantity of drugs that is larger than what a drug user would normally carry. This last method of proving intent to deliver basically means any cases where someone is found with more than 4 grams will almost certainly be filed as "intent to deliver." Intent to deliver bumps the punishment range up 1 degree. 1-4 grams with the intent to deliver becomes a second-degree felony (2-20 years), 4-200 grams becomes a first degree (5-99 years or life), and 200+ grams becomes 15-99 years or life. 

Manufacture or Delivery of a Controlled Substance

The manufacture or delivery of a controlled substance is punishable as one degree higher than the related possession charge. So whereas simple possession of 1-4 grams is a third-degree felony, manufacture or delivery of 1-4 grams is a second-degree felony. Whereas simple possession of 4-200 grams is a second-degree felony, manufacture or delivery of 4-200 grams is a first-degree felony. Whereas simple possession of 200+ grams is a first-degree felony, manufacture or delivery of 200+ grams carries 15 - 99 years or life in prison.


The information contained on this website is for informational purposes and should not be construed as legal advice, a substitute for legal advice, or as creating an attorney/client relationship between the reader and the Law Office of Mike Howard. Consult an attorney about your specific situation and the facts involved for comprehensive legal advice.