Drug possession can lead to time behind bars, fines, and a permanent criminal record. This is a very scary situation, but remember, you have hope. Our Houston drug charges lawyer will aggressively defend you against your criminal charges, fighting for your freedom and your future.
Our team is dedicated to Keeping Innocent People Innocent®. Let a Houston drug possession lawyer from Blass Law do the same for you.
Penalties for Drug Possession in Houston
The drug charges you face depend on the type of substance as well as the amount of the substance in question. Below, we have detailed the penalties for possession of a few different substances as examples. Call a Houston criminal defense lawyer at Blass Law today to get started.
Cocaine Penalties
Per Texas Health and Safety Code 481.115, it is against the law to possess, manufacture, or deliver any amount of cocaine. The penalties you face depend on how much cocaine you had on you as well as whether you’re charged with manufacturing or delivering. Let’s break down penalties by offense and weight.
Possession of Cocaine
- Possession of cocaine under 1 gram: a state jail felony, 6 months to two years in state jail and/or fines up to $10,000
- Possession of at least 1 gram but fewer than 4 grams: a third-degree felony, 2 to 10 years in prison and/or fines of up to $10,000
- Possession of at least 4 grams but fewer than 200 grams: a second-degree felony, 2 to 20 years in prison and/or fines of up to $10,000
- Possession of at least 200 grams but fewer than 400 grams: a first-degree felony, 5 to 99 years in prison and/or fines up to $10,000
- Possession of at least 400 grams: a first-degree felony, a minimum of 10 years to life in prison and/or a fine of up to $100,000
Delivery of Cocaine
Under 1 gram is punishable by 6 months to 2 years in state jail. The penalties are much more severe for higher amounts. Delivery of at least 400 grams of cocaine is punishable by a sentence of 15 to 99 years in prison and/or a fine of up to $250,000.
Manufacturing Cocaine
The penalties for delivery of cocaine also apply to manufacturing cocaine.
Ecstasy/MDMA Penalties
The amount of MDMA you are accused of possessing, manufacturing, or delivering determines your penalties.
Possession of MDMA
- Under 1 gram: state jail felony, 6 months to 2 years in state jail and/or up to $10,000 in fines
- 1 gram to fewer than 4 grams: third-degree felony, 2 to 10 years in prison and/or up to $10,000 in fines
- 4 grams to fewer than 400 grams: second-degree felony, 2 to 20 years in prison and/or up to $10,000 in fines
- More than 400 grams: first-degree felony, 5 years to 99 years and/or up to $50,000 in fines
Manufacture or Delivery of Ecstasy
- Under 1 gram: state jail felony, 6 months to 2 years in state jail and/or up to $10,000 in fines
- 1 gram to fewer than 4 grams: second-degree felony, 2 to 20 years in prison and/or up to $10,000 in fines
- 4 grams to fewer than 400 grams: first-degree felony, 5 to 99 years in prison and/or up to $10,000 in fines
- At least 400 grams: first-degree felony, minimum of 10 years in prison to life in prison and/or up to $100,000 in fines
Anabolic Steroids Penalties
Possession of Anabolic Steroids
- Fewer than 28 grams: class A misdemeanor, up to one year and/or up to $4,000 in fines
- At least 28 grams, fewer than 200 grams: third-degree felony, 2 to 10 years in prison and/or up to $10,000 in fines
- At least 200 grams, fewer than 400 grams: second-degree felony, 2 to 20 years in prison and/or up to $10,000 in fines
- 400 grams or more: first-degree felony, 5 to 99 years and a fine of up to $50,000
Manufacture or Delivery of Anabolic Steroids
- Fewer than 28 grams: state jail felony, 6 months to 2 years in state jail and/or up to $10,000 in fines
- At least 28 grams, fewer than 200 grams: second-degree felony, 2 to 20 years in prison and/or up to $10,000 in fines
- At least 200 grams, fewer than 400 grams: first-degree felony, 5 to 99 years in prison and/or up to $10,000 in fines
- 400 grams or more: first-degree felony, 10 to 99 years in prison and a fine of up to $100,000
Marijuana Penalties
Yes, Marijuana is Still Illegal in Texas!
While most support legalizing marijuana, possession, delivery, and manufacture of marijuana is still illegal. The penalties you face depend on the charge, the amount of marijuana, and whether you allegedly received money or other payment for the drugs. Charges range from a class B misdemeanor to a first-degree felony with prison time and/or a fine of up to $100,000.
A Houston drug possession lawyer can help you learn more about the punishments you might face. If this is your first offense, you could be eligible for probation. You may not need to serve any time behind bars.
What a Lawyer from Our Firm Can Do for You
Jay has years of experience successfully handling drug possession cases in Houston and throughout Texas. He is a certified lawyer-scientist who approaches cases in a unique way that other attorneys don’t. He has the experience you want for your case. When he takes on drug possession cases, he can:
- Investigate your arrest to determine whether law enforcement violated your rights
- Test the substance to establish whether it is the substance law enforcement claimed it is
- Establish that law enforcement failed to maintain chain of custody
- Establish that you did not knowledgably possess any illicit substances
- Fight for a reduction of your charges (e.g., You were charged with possession with intent to deliver because of the amount of cocaine you had on you. We may be able to get the charges reduced to simple possession.)
- Fight for a complete dismissal of your charges
- Review plea bargains
More important than what he will handle for you, though, is the results he gets. Two examples of possession cases we handled:
- Possession with intent to deliver cocaine in an amount over 400 grams: Our client was accused of possessing 46 kilos of cocaine. We got the case dismissed.
- Second–offense DWI and possession of a controlled substance: Our client blew a 0.12 and was allegedly found in possession of a controlled substance. We got the case dismissed in the middle of trial.
Defenses We Can Use Against Drug Possession Charges
The defense Jay and the Blass Law team uses depends on the specifics of your case. It could include:
- Unlawful search and seizure: We may be able to prove that law enforcement violated your Fourth Amendment rights. If so, we can have the evidence they recovered thrown out.
- No knowledgeable possession: We may be able to establish that you didn’t know there were drugs in your possession. This can be easier to prove if you share a vehicle or home with other people.
- Valid prescription: We can prove that you have a valid prescription for the drug in your possession
- No chain of custody: Law enforcement must maintain a chain of custody for all evidence they recover to prevent tampering or contamination. If we can establish that law enforcement failed to do so, we may be able to get that evidence thrown out.
- Entrapment: Some police officers convince innocent people to commit crimes so they can arrest them. We may be able to establish this and get your charges thrown out.
- Not an illicit drug: Some innocuous substances may appear to be illicit substances. Our attorney is certified in forensic chromatography. He knows how to establish whether the substance in your possession was a controlled substance or something more innocuous.
- Affirmative defense: We can establish that you did possess a certain substance, but argue that you possessed it solely for your own use. You did not intend to sell it, give it away, or otherwise deliver it.
Our team will investigate your case to determine the best course of action.
Can I Get My Record Expunged?
You may be eligible for expunction or non-disclosure for your drug possession offense if you meet certain criteria. These criteria can be difficult to understand. Our Houston criminal record expungement lawyer can ensure you meet these criteria and handle all the paperwork on your behalf.
If you don’t meet the criteria for expungement, you may qualify for non-disclosure. We can help you through this process.
A Houston Drug Possession Lawyer Can Help You Determine Whether You Qualify for Harris County RIC Court
In Harris County, the RIC Court has been created for some lower-level drug offenses, specifically possession of up to four grams of a controlled substance. RIC stands for Responsive Interventions for Change.
The prosecutors in RIC court know they don’t go to trial. If a case is set for trial or a suppression hearing in RIC court, it is transferred back to the home court. For this reason, any suppression issues or guilt innocence issues can take longer in RIC court.
Lawyer for Possession of a Controlled Substance and Possession With Intent to Deliver in Houston: Don’t Get Caught Without an Experienced Attorney
Have you been charged with possession of a controlled substance in Houston? Charged with possession of a controlled substance with intent to distribute? If so, it’s critical that you contact criminal defense attorney Jay Blass Cohen as soon as possible. Depending on the specifics of your case, you could be facing very serious penalties if convicted.
As a knowledgeable, experienced possession of a controlled substance defense attorney, he will review the details of your case carefully, educate you on what your charges mean and what the best method of defense is, and fight vigorously on your behalf to ensure you are represented better than anyone else.
Whether you’ve been charged with possession of marijuana, cocaine, heroin, ecstasy, methamphetamine, or another drug in any of Texas’ penalty groups, he will aggressively defend you so you have a chance to beat your charges or significantly reduce any penalties you might be facing.
Charged With Possession of a Controlled Substance in a School Zone?
Under federal law, penalties for possessing controlled substances in a school zone can be increased. Texas law considers a school zone anything within 1,000 feet of school property. Getting caught with drugs in this area can have you facing a serious felony charge that can rob you of your freedom.
That’s why it’s so important that you hire our Houston possession of a controlled substance lawyer. We have an understanding of school zone possession violations and have experience in courts throughout Houston. Jay will scrutinize all of the evidence surrounding your case, looking for holes in the evidence and the prosecution’s case to help increase your chances of having your charges dismissed or significantly reduced.
What Is the Texas Controlled Substances Act?
The Texas Controlled Substances Act, found in Chapter 481, details the penalty groups for substances with the potential for abuse. It also explains the penalties you face if you are accused of possessing, delivering, or manufacturing substances in these groups. There are four main penalty groups (1, 2, 3, 4) with subgroups and a separate group for marijuana.
The substances in Penalty Group 1 are the most dangerous with the highest potential for abuse, while those in Penalty Group 4 are the least dangerous with the lowest potential for abuse.
- Penalty Group 1 includes cocaine, methamphetamine, ketamine, and opioids.
- Penalty Group 1-A includes LSD.
- Penalty Group 1-B includes fentanyl.
- Penalty Group 2 includes ecstasy, amphetamines, and psilocybin.
- Penalty Group 2-A includes synthetic cannabinoids.
- Penalty Group 3 includes steroids and Valium.
- Penalty Group 4 includes opiates and opioids that are not contained in other penalty groups.
See How a Houston Drug Possession Lawyer Can Help You Today
If you’re facing drug possession charges or possession of a controlled substance, 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 possession attorney Jay Cohen take a closer look at your case, so you can get on the path to preserving your freedom.