When you’re facing drug charges in Houston, it’s understandable to be anxious and afraid of what’s going to happen to you. After all, conviction for a drug crime in Texas carries some of the harshest penalties of any crime. Simply having a small amount of certain controlled substances in your possession can be a felony, meaning you could spend time in state jail or prison, pay thousands of dollars in fines, lose your job, and lose just about everything.
Don’t go to your hearing without an experienced Houston drug charge lawyer who has defended felony drug charges successfully in Harris County Criminal Courts.
Relax. Houston criminal defense lawyer Jay Cohen from Blass Law is here to help.
Hire a Houston Drug Charge Attorney for All Drug Offenses
As a knowledgeable, passionate Houston drug crimes attorney, I am dedicated to protecting your rights and your freedom. No matter what type of drug case you are facing, I can help you increase your chances of having the charges against you dropped, reduced, no billed, or a not guilty verdict.
As your criminal defense attorney, I will take the time to examine all of the evidence and details surrounding your case. I will ask the right questions and look for any holes I can find in the police’s evidence and the prosecution’s case. You will receive the personal attention and committed defense that you deserve. This means you get one-on-one time with your Houston drug charge lawyer for answers to your biggest questions, as well as sound legal counsel that will set you up for a favorable outcome to your case.
I am a:
- Houston Drug Manufacturing Lawyer – I represent people facing charges related to the production of illegal drugs, focusing on minimizing penalties and building a strong defense.
- Houston Drug Distribution Lawyer – I provide legal support for cases involving the distribution of controlled substances, aiming for favorable outcomes through expert defense.
- Houston Drug Possession Lawyer – I defend individuals facing charges of drug possession, ensuring protection of rights and seeking to reduce or dismiss charges.
- Houston Drug Trafficking Lawyer – I defend clients charged with transporting or distributing illegal drugs. They work to challenge evidence, protect your rights, and fight for reduced charges or case dismissal.
It doesn’t matter what the drug in question is—prescription narcotics, marijuana, cocaine, heroin, methamphetamine, ecstasy, or anything else—a Houston drug charge attorney will be your advocate and ensure your rights are protected.
Drug crimes are treated very seriously in Houston and in the state of Texas. The city and state are aggressively fighting the war on drugs, and anyone charged with drug crimes in Houston could be looking at time in prison. In fact, depending on the circumstances of your case, a drug conviction could actually get you life in prison.
Drug trafficking charges in Houston are aggressively prosecuted and often involve federal agencies, mandatory minimums, and complex investigations. A Houston drug trafficking lawyer can step in early to analyze the evidence, protect your rights, and build a strong defense tailored to your case.
You simply can’t risk losing your freedom. That’s why you must arm yourself with a knowledgeable and experienced Houston drug charge attorney. I will give you the defense you deserve against all types of crimes. No matter what type of drug crime you’re being charged with—prescription, marijuana, cocaine, heroin, or ecstasy and other designer drugs—you can be sure that I will fight relentlessly to help you win your case or reduce the charges against you.
As a client, you will always receive:
- One-on-one attention from Jay Cohen, your Houston drug charge lawyer
- True Houston drug crime expertise and sound legal counsel
- Legal services to fit your budget
Drug Charges Our Houston, Texas Drug Crimes Attorney Defends
We can help with:
- Possession of marijuana, cocaine, controlled substances, prescription drugs
- Intent to distribute or sell drugs
- Growing or manufacturing ecstasy, meth, molly, bath salts, marijuana
Remember, drug crimes in Houston carry harsh penalties. You could be looking at anywhere from a few months in prison to lifetime imprisonment, thousands or even hundreds of thousands of dollars in fines, the loss of your job, and a host of other severe consequences.
Let me put my knowledge of the justice system and Houston drug crimes to work for you, helping you stay out of jail and preserve your freedom.
Defense Strategies Our Houston Drug Charge Lawyer May Use
The defense strategy we employ depends on the specifics of your case. This could include establishing:
- The drugs were not yours. We may be able to argue this if you have a roommate or share a car with other people.
- You did not know you had drugs on you. We can argue this if you share a car with someone else or were holding someone else’s bag.
- You had drugs on you, but you did not intend to deliver or sell them to anyone.
- Officers coerced you into selling drugs to an undercover officer. We may be able to argue entrapment if you don’t have a history of selling or possessing controlled substances.
- The substance in question is not illicit. Our founder can test the substance and establish that it is not the illicit drug cops are claiming it is.
- You have a valid prescription.
- Officers failed to maintain chain of custody.
- Officers violated your rights with an unlawful search and seizure or failed to read you your Miranda rights.
You want an experienced lawyer from our firm to handle these defenses on your behalf.
How the Texas Controlled Substances Act Determines Your Penalties for a Drug Charge Conviction
The Texas Controlled Substances Act (TCSA) categorizes both illicit and prescription drugs into “Penalty Groups” based on their potential for addiction and abuse and whether they have any accepted medical purpose. The Penalty Groups are as follows:
Penalty Group 1
These are the most dangerous, heavily controlled substances. Substances in this group include:
- Cocaine
- Methamphetamine
- Heroin
- Certain opiates
- Certain opioids
- Flunitrazepam (Rohypnol)
- GHB
- Ketamine
Penalties depend on the specific charge you are facing and the amount in question:
Penalties for possession of a substance in Penalty Group 1:
- Less than one gram: state jail felony
- At least one gram, but less than four grams: third-degree felony
- At least four grams, but less than 200 grams: second-degree felony
- At least 200 grams, but less than 400 grams: first-degree felony
- At least 400 grams: first-degree felony, at least 10 years in prison, and a fine of up to $100,000
Charges you face for manufacturing or delivering a substance in Penalty Group 1:
- Less than one gram: state jail felony
- At least one gram, but less than four grams: second-degree felony
- At least four grams, but less than 200 grams: first-degree felony
- At least 200 grams, but less than 400 grams: first-degree felony, a minimum of 10 years in prison, and a fine up to $100,000
- 400 grams or more: first-degree felony, a minimum of 15 years in prison, and fine of up to $250,000
Penalty Group 1-A
Penalty Group 1-A includes lysergic acid diethylamide (LSD) and related drugs.
Charges for manufacturing or delivering:
- Fewer than 20 units: state jail felony
- At least 20 units, but fewer than 80 units: second-degree felony
- At least 80 units, but fewer than 4,000: first-degree felony
- At least 4,000 units: first-degree felony, a minimum of 15 years in prison, and a fine of up to $250,000
Charges for possession:
- Fewer than 20 units: state jail felony
- At least 20 units, but fewer than 80 units: third-degree felony
- At least 80 units, but fewer than 4,000 units: second-degree felony
- At least 4,000 units, but fewer than 8,000 units: first-degree felony
- At least 8,000 units: first-degree felony, a minimum of 15 years in prison, and a fine of up to $250,000
Penalty Group 1-B
Penalty Group 1-B includes fentanyl and any of its derivatives.
Charges for manufacturing or delivering:
- Less than one gram: third-degree felony
- At least one gram, but less than four grams: second-degree felony
- At least 4 grams, but less than 200 grams: first-degree felony, at least 10 years in prison, fine up to $20,000
- At least 200 grams, but less than 400 grams: first-degree felony, at least 15 years in prison and up to a $200,000 fine
- At least 400 grams: first-degree felony, at least 20 years in prison, and a fine of up to $500,000
Charges for possession:
The charges and amounts are the same as for Penalty Group 1.
Penalty Group 2
Penalty Group 2 includes hallucinogens such as Ecstasy.
Charges for possession:
- Less than one gram: state jail felony
- At least one gram, but less than four grams: third-degree felony
- At least four grams, but less than 400 grams: second-degree felony
- At least 400 grams: first-degree felony, a fine of up to $50,000
Penalty Group 2-A
Penalty Group 2-A includes synthetic cannabinoids, including K2 and Spice.
Charges for manufacturing or delivering a substance in Penalty Group 2 or 2-A:
- Less than one gram: state jail felony
- At least one gram, but less than four grams: second-degree felony
- At least four grams, but less than 400 grams: first-degree felony
- At least 400 grams: first-degree felony, a minimum of 10 years in prison, and up to $100,000 in fines
Charges for possession without a valid prescription:
- Two ounces or less: class B misdemeanor
- Four ounces or less, but more than two ounces: class A misdemeanor
- Five pounds or less, but more than four ounces: state jail felony
- 50 pounds or less, but more than five pounds: third-degree felony
- 2,000 pounds or less, but more than 50 pounds: second-degree felony
- More than 2,000 pounds: first-degree felony, up to $50,000 in fines
Penalty Group 3
Penalty Group 3 includes:
- Opiates and opioids not included in Penalty Group 1
- Steroids
- Xanax, Valium, and other benzodiazepines
- Barbiturates like pentobarbital
- Peyote
- Ritalin
Charges for possession without a valid prescription:
- Less than 28 grams: class A misdemeanor
- At least 28 grams, but less than 200 grams: third-degree felony
- At least 200, but less than 400 grams: second-degree felony
- At least 400 grams: first-degree felony, up to $50,000 in fines
Penalty Group 4
Penalty Group 4 includes prescription drugs such as cough syrup with codeine.
Charges for possession without a valid prescription:
- Less than 28 grams: class B misdemeanor
- At least 28 grams, but less than 200 grams: third-degree felony
- At least 200 grams, but less than 400 grams: second-degree felony
- At least 400 grams: first-degree felony, up to $50,000 in fines
Charges for manufacturing or delivering a substance in Penalty Group 3 or 4:
- Less than 28 grams: state jail felony
- At least 28 grams, but less than 200 grams: second-degree felony
- At least 200 grams, but less than 400 grams: first-degree felony
- At least 400 grams: first-degree felony, at least 10 years in prison, and fines up to $100,000
Marijuana
Marijuana has its own separate penalty group.
Charges for possession of marijuana:
- Two ounces or less: class B misdemeanor
- Four ounces or less, more than two ounces: class A misdemeanor
- Five pounds or less, more than four ounces: state jail felony
- 50 pounds or less, more than five pounds: third-degree felony
- 2,000 pounds or less, more than 50 pounds: second-degree felony
- More than 2,000 pounds: first-degree felony, up to a $50,000 fine
Charges for delivery:
- 1/4 ounce or less: class B misdemeanor if you don’t receive some sort of payment for the marijuana, class A misdemeanor if you receive payment
- Five pounds or less, more than 1/4 ounce: state jail felony
- 50 pounds or less, more than five pounds: second-degree felony
- 2,000 pounds or less, more than 50 pounds: first-degree felony
- More than 2,000 pounds: first-degree felony, at least 10 years in prison, a fine of up to $100,000
Aside from the amount of a substance, other factors can affect the penalties you face. Your criminal record could affect the severity of your charges. You can also face more severe penalties if you manufactured drugs in the presence of a child, sold or delivered drugs to a child, sold or delivered drugs in a drug-free zone, or used a child to manufacture, sell, or deliver drugs.
Penalties for Misdemeanors and Felonies in Texas
Per Penal Code Chapter 12, you could face the following penalties upon conviction:
- Class B misdemeanor: Up to 180 days in jail and/or a fine of up to $2,000
- Class A misdemeanor: Up to one year in jail and/or a fine of up to $4,000
- State jail felony: Between 180 days and two years in state jail and a fine of up to $10,000
- Third-degree felony: Between two and 10 years in prison, a fine of up to $10,000
- Second-degree felony: Between two and 20 years in prison, a fine of up to $10,000
- First-degree felony: Between five and 99 years in prison, a fine of up to $10,000
What Can I Expect After My Arrest for Drug Charges in Houston?
After your arrest, you will go through the booking process (you’ll be fingerprinted and have your mugshot taken), and then you will go before a judge. This is called an arraignment. Call our team before speaking with the police about anything. The only word out of your mouth should be “lawyer.”
We will represent you at your arraignment, where you will hear the charges against you. During your arraignment, you’ll learn more about bail and what to expect.
If the judge offers bail, you can go home until your trial date. After your arraignment, we’ll build your case and head to trial, where we’ll fight for a not-guilty verdict. While your Houston drug charge lawyer builds your case, we’ll also determine whether there are options to get your charges reduced or even dismissed.
Contact a Houston Drug Charge Lawyer Today
If you have been arrested or charged with felony, misdemeanor, or federal drug cases in Texas, remember that you are innocent until proven guilty. Now is the time to make sure your rights are protected. Now is the time to fight back. Let Houston drug charge attorney Jay Cohen take a closer look at your case so you can get on the path to preserving your freedom.