A possession of a controlled substance charge in Fort Bend County can carry serious consequences, including prison time, a permanent felony record, and collateral damage to your career, housing, and immigration status. The charge you face depends on what substance was found and how much of it. The outcome depends on who represents you.
Why Varghese Summersett for Fort Bend Drug Charges
Varghese Summersett has a dedicated team serving Fort Bend County and the surrounding Houston area, led by Senior Counsel Mike Hanson. Mike is Board Certified in Juvenile Law by the Texas Board of Legal Specialization (2025) and brings over a decade of experience as a prosecutor, military lawyer, and criminal defense attorney. Before defending clients, Mike served as an Assistant District Attorney in both Fort Bend County and Tarrant County, meaning he knows exactly how Fort Bend prosecutors think, what they prioritize, and where they may be persuaded to reduce or dismiss charges.
Mike has tried more than 60 cases before a jury and continues to serve as a Judge Advocate in the United States Army Reserve JAG Corps. His dual perspective as a former Fort Bend County ADA and a seasoned defense attorney makes him uniquely effective in this jurisdiction.
Across all practice areas and locations, Varghese Summersett has secured over 1,600 dismissals and more than 800 charge reductions. The firm’s 70-plus person team includes five Board Certified attorneys and carries more than 100 years of combined legal experience. When you are facing a drug charge that could follow you for the rest of your life, that depth of experience matters.
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What Is Possession of a Controlled Substance in Texas?
Under Texas Health & Safety Code § 481.115, it is a crime to knowingly or intentionally possess a controlled substance listed in Penalty Group 1 or 1-B without a valid prescription. Similar provisions cover Penalty Groups 1-A, 2, 2-A, 3, and 4 under §§ 481.1151, 481.116, 481.1161, 481.117, and 481.118.
Texas classifies controlled substances into penalty groups based on their danger and potential for abuse. The group a substance falls into, combined with the amount found, determines what charge you face and how severe the punishment range is. A brief overview of each group:
- Penalty Group 1: Cocaine, crack, heroin, methamphetamine, ketamine, GHB, fentanyl, oxycodone, methadone, and opium
- Penalty Group 1-A: LSD (measured by dose unit, not weight)
- Penalty Group 1-B: Fentanyl and its derivatives and analogs
- Penalty Group 2: MDMA, PCP, psilocybin mushrooms, mescaline, Adderall, and THC concentrate (vape cartridges, wax, edibles)
- Penalty Group 2-A: Synthetic marijuana such as Spice and K2
- Penalty Group 3: Xanax, Valium, Ritalin, clonazepam, lorazepam, zolpidem, testosterone, and HGH
- Penalty Group 4: Prescription compounds containing codeine or morphine that have recognized medical use
To convict you of possession, the State must prove each of the following beyond a reasonable doubt:
- You exercised care, custody, control, or management over the substance
- You knew the substance was a controlled substance
- The substance was confirmed as a controlled substance listed in the applicable penalty group
- You possessed the amount alleged in the indictment or information
The burden of proof falls entirely on the State. You are not required to prove your innocence or explain anything. If the prosecution cannot establish every element beyond a reasonable doubt, you should not be convicted.
Penalties for Possession of a Controlled Substance in Fort Bend County
Penalties scale based on the substance’s penalty group and the quantity found. Even a trace amount of a Penalty Group 1 substance like fentanyl or meth is a felony under Texas law. Here is a breakdown of every penalty group:
Penalty Group 1 (Cocaine, Meth, Heroin, Oxycodone, GHB, Ketamine, Methadone)
Under Health & Safety Code § 481.115:
- Less than 1 gram: State jail felony — 180 days to 2 years in state jail, up to $10,000 fine
- 1 gram to less than 4 grams: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 4 grams to less than 200 grams: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 200 grams to less than 400 grams: First-degree felony — 5 to 99 years or life, up to $100,000 fine
- 400 grams or more: Enhanced first-degree felony — 10 to 99 years or life, up to $100,000 fine
Penalty Group 1-A (LSD/Acid)
Under Health & Safety Code § 481.1151. LSD is unique because it is measured by dose unit rather than by weight:
- Fewer than 20 units: State jail felony — 180 days to 2 years, up to $10,000 fine
- 20 to less than 80 units: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 80 to less than 4,000 units: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 4,000 to less than 8,000 units: First-degree felony — 5 to 99 years or life, up to $100,000 fine
- 8,000 units or more: Enhanced first-degree felony — 15 to 99 years or life, up to $250,000 fine
Penalty Group 1-B (Fentanyl and Derivatives)
Under Health & Safety Code § 481.115. Fentanyl is aggressively prosecuted in Fort Bend County. Even a trace amount is a felony:
- Less than 1 gram: State jail felony — 180 days to 2 years, up to $10,000 fine
- 1 gram to less than 4 grams: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 4 grams to less than 200 grams: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 200 grams to less than 400 grams: First-degree felony — 5 to 99 years or life, up to $10,000 fine
- 400 grams or more: Enhanced first-degree felony — 10 to 99 years or life, up to $100,000 fine
Texas has launched an aggressive War on Fentanyl. Prosecutors actively look for ways to upgrade possession charges to manufacture or delivery charges, and in cases where someone dies after ingesting a substance containing fentanyl, the State may pursue a fentanyl murder charge.
Penalty Group 2 (MDMA, PCP, Psilocybin, Adderall, THC Concentrate)
Under Health & Safety Code § 481.116:
- Less than 1 gram: State jail felony — 180 days to 2 years, up to $10,000 fine
- 1 gram to less than 4 grams: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 4 grams to less than 400 grams: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 400 grams or more: Special first-degree felony — 5 to 99 years or life, up to $50,000 fine
THC concentrate, including vape cartridges, wax, and edibles, is classified as a Penalty Group 2 substance in Texas, not marijuana. Even a small vape pen can result in a state jail felony charge.
Penalty Group 2-A (Synthetic Marijuana, Spice, K2)
Under Health & Safety Code § 481.1161:
- Less than 2 ounces: Class B misdemeanor — up to 180 days in county jail, up to $2,000 fine
- 2 ounces to less than 4 ounces: Class A misdemeanor — up to 1 year in county jail, up to $4,000 fine
- 4 ounces to less than 5 pounds: State jail felony — 180 days to 2 years, up to $10,000 fine
- 5 pounds to less than 50 pounds: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 50 pounds to less than 2,000 pounds: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 2,000 pounds or more: Special first-degree felony — 5 to 99 years or life, up to $50,000 fine
Penalty Group 3 (Xanax, Valium, Ritalin, Hydrocodone under threshold, Testosterone)
Under Health & Safety Code § 481.117:
- Less than 28 grams: Class A misdemeanor — up to 1 year in county jail, up to $4,000 fine
- 28 grams to less than 200 grams: Third-degree felony — 2 to 10 years, up to $10,000 fine
- 200 grams to less than 400 grams: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 400 grams or more: Special first-degree felony — 5 to 99 years or life, up to $50,000 fine
Penalty Group 4 (Compounds Containing Codeine or Morphine with Medical Use)
Under Health & Safety Code § 481.118:
- Less than 28 grams: Class B misdemeanor — up to 180 days in county jail, up to $2,000 fine
- 28 grams to less than 200 grams: Class A misdemeanor — up to 1 year in county jail, up to $4,000 fine
- 200 grams to less than 400 grams: Second-degree felony — 2 to 20 years, up to $10,000 fine
- 400 grams or more: Special first-degree felony — 5 to 99 years or life, up to $50,000 fine
Drug-Free Zone Enhancements
Under Health & Safety Code § 481.134, possession within 1,000 feet of a school, daycare, youth center, playground, or arcade increases the charge by one degree. A state jail felony becomes a third-degree felony; a third-degree becomes a second-degree, and so on. Fort Bend County’s suburban density means drug-free zone enhancements come up more frequently than people expect.
Mandatory Probation for Certain First-Time Offenses
Under Texas Code of Criminal Procedure Art. 42.551, probation is mandatory for a person convicted of certain state jail felony possession offenses who has no prior felony convictions. This applies to:
- Possession of a controlled substance under 1 gram, PG 1 (§ 481.115(b))
- Possession of a controlled substance under 5 units, PG 1-A (§ 481.1151(b)(1))
- Possession of a controlled substance under 1 gram, PG 2 (§ 481.116(b))
- Possession of a controlled substance 4 oz to 5 lbs, PG 2-A (§ 481.1161(b)(3))
For qualifying first-time offenders, a judge cannot sentence you to prison even if they want to. Mandatory probation does not apply if you have a prior felony conviction or were already on deferred adjudication for this offense.
Beyond incarceration and fines, a drug conviction in Texas triggers an automatic driver’s license suspension, can disqualify you from federal student financial aid and many professional licenses, and may affect your ability to rent housing or pass an employment background check. For non-citizens, a drug conviction can lead to deportation or inadmissibility.
Bond Amounts for Possession Charges in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County from January through December 2025, the following reflects typical bond amounts for controlled substance possession charges:
| Charge (Code Section) | Typical Bond Range | Most Common Bond |
|---|---|---|
| PG 1/1-B Less Than 1G (§ 481.115(b)) | Varies | $5,000 |
| PG 1/1-B 1G to Less Than 4G (§ 481.115(c)) | Varies | $5,000 |
| PG 1/1-B 4G to Less Than 200G (§ 481.115(d)) | Varies | $10,000 |
| PG 1/1-B 200G to Less Than 400G (§ 481.115(e)) | Varies | $10,000 |
| PG 1/1-B 400G or More (§ 481.115(f)) | Varies | $40,000 |
| PG 1-A Less Than 20 Units (§ 481.1151(b)(1)) | Varies | $4,000 |
| PG 2 Less Than 1G (§ 481.116(b)) | Varies | $2,000 |
| PG 2 1G to Less Than 4G (§ 481.116(c)) | Varies | $5,000 |
| PG 2 4G to Less Than 400G (§ 481.116(d)) | Varies | $5,000 |
| PG 2-A Less Than 2oz (§ 481.1161(b)(1)) | Varies | $1,000 |
| PG 3 Less Than 28G (§ 481.117(b)) | Varies | $1,000 |
| PG 4 Less Than 28G (§ 481.118(b)) | Varies | $2,000 |
| PCS in Drug-Free Zone (§ 481.134) | Varies | $4,000 |
Bond amounts in Fort Bend County vary based on prior criminal history, ties to the community, flight risk, and the circumstances of the arrest. An experienced attorney can often argue for a bond reduction at a hearing before the assigned court.
How a Fort Bend Drug Possession Case Gets Challenged
A drug possession charge does not guarantee a conviction. Texas law requires the State to prove every element of the offense, and there are multiple points in the process where a skilled defense attorney can challenge the evidence or the legal basis for the charge.
Unlawful search and seizure. The Fourth Amendment protects you from unreasonable searches. If officers searched your car, home, or person without a valid warrant, consent, or an applicable legal exception, any drugs discovered may be subject to suppression. Evidence obtained illegally generally cannot be used against you at trial. A successful motion to suppress can derail a prosecution entirely if the primary evidence is thrown out.
Constructive possession disputes. The State cannot simply show drugs were near you. They must prove you had knowledge of the substance and exercised control over it. When multiple people were in a vehicle or shared a residence, or when the drugs were found in a common area, the State’s burden becomes significantly harder to meet.
Lab testing and chain of custody. The substance must be chemically confirmed by a certified lab. Defense attorneys scrutinize lab reports for errors, question whether proper chain of custody was maintained from seizure to testing, and may challenge whether the certified weight matches the charge level alleged by prosecutors.
Diversion and intervention programs. Fort Bend County has diversion and intervention options that may be available for first-time or low-level offenders. Successful completion can result in dismissal of the charge. An attorney who knows the Fort Bend DA’s office and the local court landscape is far better positioned to secure these outcomes than someone unfamiliar with how this jurisdiction operates.
Case Results
Varghese Summersett has secured favorable outcomes in possession of controlled substance cases across Texas. In one case, a client facing a possession of controlled substance charge was accepted into a Deferred Prosecution Program, avoiding a conviction entirely. In another, a client charged with a PCS under 1 gram in a drug-free zone in Tarrant County had the case dismissed. In a separate matter, a client charged with Possession of Controlled Substance PG 2 in Tarrant County received a 2-year Deferred Adjudication under § 12.44(b), avoiding a felony conviction on their record.
Past results do not guarantee future outcomes.
The Legal Process for Drug Possession Cases in Fort Bend County
Understanding what comes next can help reduce some of the uncertainty you may be feeling right now. Here is what typically happens after a possession arrest in Fort Bend County.
Arrest and booking. After your arrest, you will be booked at the Fort Bend County Jail in Richmond and assigned a bond amount. Depending on the charge level, you may bond out relatively quickly or remain in custody until a bond hearing is held.
The magistrate and bond hearing. Within 24 to 48 hours of arrest, a magistrate will review your case and set or confirm your bond. At this stage, an attorney can advocate for a reduced bond amount by presenting information about your community ties, employment, and criminal history.
Indictment or information. For felony charges, the District Attorney’s office will present the case to a grand jury. The grand jury decides whether probable cause exists to formally indict. A skilled defense attorney can sometimes intervene at the pre-indictment stage to present favorable information and work to prevent charges from being filed at all.
Arraignment. Once indicted, you will be arraigned in the appropriate Fort Bend County district court. Your attorney enters a plea on your behalf, typically “not guilty,” to preserve all available options.
Discovery and motion practice. Your attorney requests all evidence the State plans to use, including police reports, lab results, body camera footage, and witness statements. Motions to suppress unlawfully obtained evidence are filed at this stage. This phase is often where cases are won or resolved favorably before trial ever begins.
Plea negotiations or trial. Many cases are resolved through negotiated plea agreements, deferred adjudication, or diversion programs. If no acceptable resolution is available, the case proceeds to trial, where the State must prove guilt beyond a reasonable doubt to every juror.
Fort Bend County felony drug cases are heard in the district courts in Richmond, Texas. Having an attorney who has appeared in these courts and knows the prosecutors personally is an advantage that cannot be overstated.
What to Expect From Varghese Summersett
From the moment you call, you will be connected with a member of our team who can begin working on your case. We do not outsource client communication or leave you guessing about what comes next. Senior Counsel Mike Hanson personally handles Fort Bend County cases and brings an insider’s understanding of how the local DA’s office makes charging decisions.
We take every possession case seriously, whether it involves less than a gram or a large-quantity first-degree charge. Our team analyzes the evidence, identifies every viable challenge, and fights for the best possible outcome, whether that means getting a charge dismissed, negotiating into a diversion program, or taking the case to trial.
Reach our office any time, day or night, at (281) 805-2220. Consultations for criminal defense cases are always free.
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Fort Bend Possession of Controlled Substance: Frequently Asked Questions
Is possession of a controlled substance always a felony in Texas?
Not always. Possession of a Penalty Group 2-A substance in less than 2 ounces is a Class B misdemeanor, and Penalty Group 3 in less than 28 grams is a Class A misdemeanor. Penalty Group 4 in less than 28 grams is also a Class B misdemeanor. However, any amount of a Penalty Group 1 substance like cocaine, meth, heroin, or fentanyl is a felony. Even the smallest detectable amount of PG 1 is a state jail felony that can result in up to two years in a state jail facility.
Can a drug possession charge be dismissed in Fort Bend County?
Yes. Charges can be dismissed for many reasons, including an unlawful search, insufficient evidence, a lab error, or successful completion of a diversion program. First-time offenders may be eligible for deferred prosecution or other programs that result in dismissal. An attorney with experience in Fort Bend County courts can evaluate your specific facts and identify what options are available.
What is constructive possession and how does it affect my case?
Constructive possession means the drugs were not found on your person but in a location you had access to, such as a car, home, or bag. The State must still prove that you knew the drugs were there and that you exercised control over them. This is often difficult to prove when others had equal access to the location. Constructive possession cases are frequently more defensible than cases involving drugs found directly on a person.
Will I lose my driver’s license if convicted of drug possession in Texas?
A drug conviction triggers a driver’s license suspension under Texas law, regardless of whether a vehicle was involved. If you are under 21, the suspension is one year. If you are 21 or older, it is six months. You must also complete a 15-hour Drug Education Program before the Texas Department of Public Safety will reinstate your license. An occupational license may be available to allow limited driving during the suspension. Avoiding a conviction through dismissal, deferred adjudication, or diversion prevents this consequence entirely.
Does deferred adjudication for drug possession count as a conviction?
Legally, a deferred adjudication is not a final conviction under Texas law. However, the charge remains visible on a background check and can be used against you in future criminal proceedings. If you successfully complete deferred adjudication for certain drug offenses, you may be eligible to petition for a nondisclosure order, which seals the record from most public searches. Eligibility depends on the offense and your history. An attorney can advise whether a nondisclosure is possible in your situation.
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A drug possession charge in Fort Bend County is serious, but it is not the end of the road. The right attorney can make the difference between a felony conviction and a second chance. Call (281) 805-2220 to speak with a member of our team any time, day or night.
