If you’re facing drug charges in Collin County, you need an attorney who understands Texas drug laws and how Collin County prosecutors handle these cases. A skilled Collin County drug lawyer can work to get your charges dismissed, reduced, or resolved in a way that keeps your record clean. At Varghese Summersett, our criminal defense team has secured more than 1,600 dismissals and 800 charge reductions across Texas.
Drug offenses in Texas vary dramatically based on the substance and amount involved. You can be charged with possession even if drugs weren’t on your person. If prosecutors can argue the drugs were in your “care, custody, or control,” you could face serious criminal penalties. But an arrest doesn’t have to mean a conviction. Our goals on every drug case are straightforward: keep you out of custody, avoid a conviction, and protect your record from permanent damage.
What are the consequences of drug possession in Collin County?
Texas law treats drugs differently based on their classification and quantity. Possessing cocaine or heroin triggers much harsher penalties than having a vape pen with THC or Valium without a prescription. The type of drug determines which penalty group applies, and the amount determines whether you face a misdemeanor or felony.
Beyond criminal penalties, a drug conviction in Collin County can affect your employment, housing options, ability to get loans, and child custody arrangements. A felony conviction means losing your right to vote in Texas and your right to possess firearms. Your driver’s license will also be suspended for 180 days after any drug conviction, and you must complete a 15-hour Drug Education Program before reinstatement.
Before we break down the specifics, watch this video from Benson Varghese, a Collin County drug lawyer who is Board Certified in Criminal Law by the Texas Board of Legal Specialization.
Hear from a Collin County Drug Lawyer
What is possession of a controlled substance in Texas?
Under Texas Health and Safety Code Section 481.115, a person commits possession of a controlled substance if they intentionally or knowingly have “care, custody, control, or management” of a controlled substance without a valid prescription. The substance must fall within one of Texas’s penalty groups.
Prosecutors don’t need to prove the drugs were in your pocket. If drugs are found in your car, your home, or anywhere you have access to, you could face charges. This is where experienced defense attorneys make a difference. Weak “affirmative links” between you and the drugs can be challenged in court.
What is joint possession of drugs in Texas?
When police find drugs accessible to multiple people, everyone present could potentially face charges. This is called joint possession. For example, if officers stop a car with three passengers and find cocaine on the floorboard, all three could be charged with possession.
This differs from exclusive possession, where drugs are found on a specific person, like in their pocket or purse. Joint possession cases often present stronger defense opportunities because prosecutors must prove each defendant had knowledge of and control over the drugs.
How does Texas classify controlled substances?
The Texas Controlled Substances Act organizes drugs into penalty groups based on their danger, potential for abuse, and medical use. Penalty Group 1 contains the most heavily controlled substances with no accepted medical use. Penalty Groups 3 and 4 contain drugs with legitimate medical applications and lower abuse potential, resulting in less severe penalties.
Penalty Group 1 includes the most dangerous and addictive substances with no valid medical use: cocaine, crack, heroin, methamphetamine, and GHB.
Penalty Group 1-A contains only LSD (acid). It has its own category because LSD is sold by dose rather than weight, unlike most other controlled substances.
Penalty Group 1-B was created specifically for fentanyl due to its extreme potency and the ongoing overdose crisis.
Penalty Group 2 includes hallucinogens like ecstasy, bath salts, PCP, and THC concentrates (oils, wax, and dabs).
Penalty Group 2-A covers synthetic cannabinoids, including Spice and K2.
Penalty Group 3 contains prescription drugs when possessed without a valid prescription: Valium, Xanax, Clonazepam, Hydrocodone, Human Growth Hormone, and testosterone.
Penalty Group 4 includes opioids and opiates not listed elsewhere, such as opium, codeine, dihydrocodeine, and ethylmorphine.
What are the penalties for drug possession in Texas?
Texas drug penalties depend on two factors: the penalty group classification and the quantity involved. Here’s what you could face for each group.
Penalty Group 1 (Cocaine, Meth, Heroin)
Possessing less than one gram is a state jail felony: 180 days to 2 years in state jail and up to a $10,000 fine. Possessing more than 400 grams is an enhanced first-degree felony: 10 years to life in prison and up to a $100,000 fine.
Penalty Group 1-A (LSD)
Fewer than 20 units or doses is a state jail felony: up to 180 days in state jail and a maximum $10,000 fine. More than 8,000 units is an enhanced first-degree felony: 15 years to life in prison and up to $250,000 in fines.
Penalty Group 1-B (Fentanyl)
Under 1 gram is a third-degree felony: 2 to 10 years in prison and up to a $10,000 fine. More than 400 grams is an enhanced first-degree felony: 20 years to life in prison and up to $500,000 in fines. Texas created this separate category in response to the fentanyl crisis, imposing harsher penalties than other Penalty Group 1 substances at similar weights.
Penalty Group 2 (Ecstasy, THC Concentrates)
Less than one gram is a state jail felony: 180 days to 2 years in state jail and up to $10,000 in fines. More than 400 grams is an enhanced first-degree felony: 5 years to life in prison and up to a $50,000 fine.
Penalty Group 2-A (Synthetic Cannabinoids)
Less than two ounces of Spice or K2 is a Class B misdemeanor: up to 180 days in county jail and a $2,000 fine. More than 2,000 pounds is an enhanced first-degree felony: 5 years to life in prison and up to a $50,000 fine.
Penalty Group 3 (Prescription Drugs Without Prescription)
Less than 28 grams of Valium or similar drugs without a prescription is a Class A misdemeanor: up to one year in county jail and a $4,000 fine. More than 400 grams is an enhanced first-degree felony: 5 years to life in prison and up to a $50,000 fine.
Penalty Group 4 (Opioids)
Less than 28 grams of opium is a Class B misdemeanor: up to 180 days in county jail and a $2,000 fine. More than 400 grams is an enhanced first-degree felony: 5 years to life in prison and up to a $50,000 fine.
Marijuana
Marijuana in plant form has its own penalty structure. Anything under four ounces is a misdemeanor. Four ounces or more becomes a felony. THC concentrates (oils, wax, dabs) are classified under Penalty Group 2 and treated as felonies even in small amounts.
Will I lose my driver’s license after a drug conviction?
Yes. Texas law requires an automatic 180-day driver’s license suspension for any drug conviction. You must also complete a 15-hour Drug Education Program before your license can be reinstated. This applies to both misdemeanor and felony drug convictions.
How can a Collin County drug lawyer beat my charges?
Every drug case has vulnerabilities that an experienced defense attorney can exploit. The prosecution must prove every element of their case beyond a reasonable doubt, and there are many points where their case can fall apart.
Our attorneys have handled thousands of drug cases across Collin County and throughout Texas. We examine every aspect of your arrest and the evidence against you. Common defense strategies include challenging unlawful searches and seizures, questioning whether police had probable cause, exposing entrapment by law enforcement, and proving you had a valid prescription.
We also challenge the prosecution’s ability to connect you to the drugs. Were the affirmative links strong enough? Was the chain of custody properly maintained? Did the lab follow proper testing procedures? Is the evidence admissible, or did police violate your rights in obtaining it?
If witnesses will testify against you, we look for ways to impeach their credibility. If the prosecution plans to use expert testimony, we challenge their conclusions. And throughout the process, we hold police accountable for any misconduct that may have occurred.
If we can get your case dismissed, reduced to a misdemeanor, or no-billed by a grand jury, you may be eligible to have your records expunged or sealed through a non-disclosure order.
Why choose Varghese Summersett for your Collin County drug case?
Our team includes more than 70 legal professionals across our Dallas, Fort Worth, Houston, and Southlake offices. Our criminal defense attorneys have over 100 years of combined experience and have tried more than 550 jury trials. Many of our senior attorneys are former prosecutors who understand exactly how the other side builds its case.
We have secured more than 1,600 dismissals and 800 charge reductions for our clients. When we appear in Collin County courtrooms, prosecutors know we’re prepared to take cases to trial if necessary.
If you’re facing drug charges in Collin County, call (214) 903-4000 today for a free consultation. The sooner we get involved, the more options you’ll have for defending your case.
Frequently Asked Questions About Collin County Drug Charges
Can I be charged with drug possession if the drugs weren’t mine?
Yes. Texas law allows prosecutors to charge you with possession if they can show the drugs were in your “care, custody, control, or management.” This means drugs found in your car, apartment, or anywhere you have access could result in charges, even if someone else put them there. A skilled defense attorney can challenge whether prosecutors have established sufficient “affirmative links” between you and the contraband.
What’s the difference between a state jail felony and a regular felony in Texas?
A state jail felony carries 180 days to 2 years in a state jail facility rather than a prison. Unlike prison, state jail doesn’t offer “good time” credits for early release. First-time offenders may be eligible for probation or deferred adjudication, which could result in no conviction on your record if you complete all requirements successfully.
Is THC oil treated the same as marijuana in Texas?
No. THC concentrates (oils, wax, dabs) are classified under Penalty Group 2 and are always felonies, even in small amounts. Marijuana in plant form under four ounces is a misdemeanor. This means a small THC vape cartridge can result in felony charges while a similar amount of marijuana flower would only be a misdemeanor.
Can I get my drug charge expunged in Collin County?
If your case is dismissed, you receive a not guilty verdict, or the grand jury returns a no-bill, you may qualify for expunction. If you receive deferred adjudication and complete all terms successfully, you may qualify for a non-disclosure order, which seals your record from public view. Our attorneys can evaluate your eligibility during your free consultation.
How long will my license be suspended after a drug conviction?
Your driver’s license will be suspended for 180 days following any drug conviction in Texas. You must also complete a 15-hour Drug Education Program before reinstatement. This suspension applies regardless of whether the offense was a misdemeanor or felony.
