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Defense for Misdemeanor Drug Charges

A dangerous drug is defined by the state of Texas as a drug that is either a controlled substance or one that is not listed in the Texas Health and Safety Code Schedules. Possession of less than 28 grams of a dangerous drug, controlled substance, or Group 3 or 4 drug is a Class A misdemeanor. If you possess more than 28 grams at the time of your arrest, you will be charged with a felony.

The severity of the defendant’s drug charges are typically based on the county where the defendant was arrested. Some counties have relatively lax attitudes on drug possession charges, but those that regularly experience drug convictions or are faced with near-epidemic levels tend to be incredibly strict and almost always seek prison time and the maximum allowable fines. Your location could be the difference between a challenging court battle and jail time and avoiding a conviction altogether.

It is important to note that marijuana is in its own category and not considered a “dangerous” drug in the state of Texas. Marijuana can still carry harsh penalties depending on the county of arrest and the amount carried.

Contact Houston drug crime defense lawyer Samuel M. Gardner to learn more about your county’s drug policies.


Being convicted of a dangerous drug misdemeanor automatically suspends your license for up to six months. Having drug paraphernalia on your person, such as scales, bongs, or storage containers, can be leveraged against the defendant as a separate Class C misdemeanor. If the court can prove the defendant’s intent to gift or sell paraphernalia the charge is a Class A misdemeanor. Class C misdemeanors carry fines up to $500, and a Class A misdemeanor is punishable by up to a year in county jail and a maximum $4,000 fine.

If you have a prescription for your drugs, you are automatically protected under Texas state law. A skilled criminal defense attorney can sometimes have the charges dismissed if the defendant agrees to undergo rehabilitation classes, community service, and in some cases, probation. If the defendant is able to avoid a conviction, they are able to keep their driver’s license and an unblemished record.


For the state to prove possession, the prosecution is tasked with proving the defendant had control or care over the substance in question and the accused knew the substance they had in their possession is illegal. When charged with possession, your defense attorney will most likely attempt to address one of these two stipulations:

  • Burden of proof – Your lawyer may choose to decrease the chances that prosecution from meeting their burden of proof. Sometimes your lawyer can enter a plea agreement to avoid conviction altogether.
  • Deferred adjudication – Deferred adjudication means the judge agrees to hold sentencing until the defendant has had a chance to fulfill certain requirements. These requirements usually include the typical rehabilitation options like probation with random chemical testing, community service, and/or attendance of chemical addiction classes. At the end of the agreed period, the judge may pass a lighter sentence.

It’s wise to seek counsel to represent you that has experience with illegal substance cases in your particular county. For instance, in and around Austin and Travis County, dangerous drug misdemeanors write field-release citations for low-weight THC possession instead of making an arrest. Kerrville, Kerr, Fredericksburg, some of the more rural counties, and many in southwest Texas tend to be stricter, often serving maximum punishments for marijuana possession.

Samuel M. Gardner is an experienced criminal defense attorney who has represented drug crime defendants throughout Houston. Call (713) 489-2358 to arrange an appointment.


Take a look at our results.
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  • Jury Trial / Not Guilty Accused of Assault Family Member
  • Jury Trial / Mistrial / Dismissed Accused of Assault Family Member
  • Dismissed Accused of Assault Family Member
  • Jury Trial / Not Guilty Accused of Evading Arrest
  • Jury Trial / Not Guilty Accused of Felony Evading Arrest
  • Dismissed Accused of Forgery Government Financial Instrument
  • Dismissed Accused of Injury to Elderly
  • Dismissed Accused of Possession of a Controlled Substance 28-200g

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