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Houston Felony Drug Crimes Defense Attorney

Substance and drug possession penalties in Texas are notoriously severe. A conviction will certainly mean probation (depending on the number of prior convictions), prison, heavy fines, loss of driver’s license, and the right to carry a gun. Texas has not decriminalized marijuana and classifies all drugs as controlled dangerous substances (CDS). The definition of CDS in Texas extends to the molecules used to create synthetic drugs like MDMA.

If you have been charged with possession of a controlled substance in Texas, Call (713) 489-2358 to speak with Houston criminal defense attorney Samuel M. Gardner.

Texas Drug Classifications

CDS is split into a few different groups arranged by punishment. Regardless of the punishment, any drug conviction will result in an automatic suspension of your driver’s license. Possession is charged if you are found with what the police call constructive possession. Constructive possession means the defendant could easily access the substances found by the police at the time of arrest. Keeping marijuana in a jar on a shelf in your living room or in a baggie in your sock is considered constructive possession.

Misdemeanor and felony drug charges:

  • Possessing less than 28 grams or less of Group 3 and 4 drugs such as motofen, pryovalerone, valium, xanax, and other prescription drugs is a Class A misdemeanor.
  • Possession of more than 28 grams of Group 3 and 4 drugs, or any amount of Group 2, 1A, or 1 drugs is automatically charged as a felony.

PCP, MDMA, and resin cannabis (e.g., oil or wax) are in Group 2. Group 1A is LSD, and Group 1 drugs contain the most addictive and destructive drugs like prescription opiates, heroin, cocaine, crack cocaine, and methamphetamine.

Penalties for Drug Crimes

Texas has some creative ways of prosecuting drug dealers charged with possession, including:

  • Tax Evasion – State laws allow for tax collection on the exchange of illegal drugs. Dealers who possess a certain amount of a drug can be charged with possession and tax evasion.
  • Asset Forfeiture – Any possession charges can result in the state attempting to take all assets that might have assisted in drug exchanges. The state can take your house, motor vehicle, clothing – even furniture. Basically, if you can hide or move illegal substances in the object, the state has a right to remove that from your possession. This is a civil action, which means the state can begin repossession whether or not the defendant is found guilty.

Drug paraphernalia, stated as objects used to conceal or use drugs like pipes, needles, baggies, bongs, or scales, is punishable as a separate offense. Repeat drug possession offenders are punished even more severely.

First Time Offenders & Rehabilitation

For first time offenders caught with a small amount of drugs (less than 200 grams) in a group of comparatively less severity might mean serving no jail time and minimal fines. Many jurisdictions in the state of Texas have special programs for defendants being charged with minor possession that allows for probation and a special set of rehabilitation rules aimed at helping drug offenders.

Counties with higher populations (greater than 200,000) must establish a special drug court program to provide treatment for those with an addictive problem. Individuals charged with dealing drugs are not elligible for these programs.

Courts are not required to give probation to offenders who have violated any prior probation period or if the defendant has been found guilty of a prior felony. It is at the judge’s discretion, and to a lesser extent the negotiating skills of your attorney, whether or not you are provided with drug rehabilitation and probation in lieu of jail time.

Contact Samuel M. Gardner Attorney at Law Today

As you can see, drug charges are complex and often carry multiple charges attached to a single case. It’s imperative that you seek legal counsel if you have been arrested for possession.

Call (713) 489-2358 today to arrange a meeting with our Houston drug crime lawyer Samuel M. Gardner.


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