Our Houston drug lawyer defends individuals charged with drug crimes in Harris County, from misdemeanor possession to federal trafficking conspiracies. If you’re facing drug charges in Houston, the stakes are high. Texas has some of the strictest drug laws in the nation, and a conviction can mean prison time, devastating fines, and a permanent criminal record.
At Varghese Summersett, our Houston drug defense attorneys have spent years fighting for clients in Harris County criminal courts. Our team includes former prosecutors who know how the state builds its cases and what it takes to dismantle them. We’ve helped hundreds of Houstonians avoid convictions, reduce charges, and protect their futures. Call (281) 805-2220 for a free consultation.
Why Drug Charges in Houston Are Serious
Harris County processes more criminal cases than almost any other jurisdiction in the United States. The Houston Police Department’s operational summary for October 2025 shows 6,578 drug and narcotic violation arrests so far this year, a 1.6% increase over 2024. The Harris County District Clerk reports approximately 48,000 pending felony cases in the system, with drug offenses representing a significant portion of that backlog.
This volume creates both challenges and opportunities. Overworked prosecutors may be more willing to negotiate favorable outcomes. But it also means your case can get lost in the shuffle if you don’t have aggressive representation ensuring it receives proper attention.
The Harris County Institute of Forensic Sciences received 22,938 cases involving seized drugs in 2024 alone, reflecting the sheer scale of drug-related investigations and prosecutions flowing through the Houston criminal justice system. Over 20% of pretrial detainees in Harris County are held on low-level, nonviolent drug offenses like simple possession.
What Types of Drug Cases Do Houston Drug Lawyers Handle?
Houston drug lawyers handle every type of drug offense under Texas and federal law. The specific charge you face depends on the substance involved, the quantity, and whether authorities believe you intended to sell or distribute.
Possession charges are the most common drug cases in Harris County. Under Texas Health and Safety Code Chapter 481, possessing any controlled substance without a valid prescription is illegal. Penalties depend on which penalty group the drug falls into and how much you allegedly possessed.
Drug trafficking and distribution cases carry far more severe consequences. Prosecutors pursue these charges when they believe you were selling drugs or intended to sell them. Evidence like scales, baggies, large amounts of cash, or multiple phones can lead prosecutors to pursue trafficking charges even if no actual sale occurred.
Federal drug charges arise when cases involve crossing state lines, large quantities, organized criminal enterprises, or federal agency investigations. The DEA’s Houston Division has been aggressive in 2025. In June, federal authorities arrested 23 individuals in a multi-jurisdictional operation spanning the Houston and Rio Grande Valley areas, seizing over 2,000 kilograms of methamphetamine and nearly $3 million in cash.
How Texas Classifies Controlled Substances
Texas law divides controlled substances into penalty groups based on their potential for abuse and accepted medical uses. The penalty group determines the severity of charges and potential punishment. Understanding which group your alleged substance falls into is the first step in building your defense.
Penalty Group 1 includes the most heavily controlled substances with no accepted medical use. Cocaine, heroin, methamphetamine, oxycodone, hydrocodone (over 300mg), ketamine, and GHB fall into this category. Even possessing less than one gram is a state jail felony.
Penalty Group 1-A contains only LSD and its analogues. Because LSD is sold by dose rather than weight, this group is measured in “units” instead of grams.
Penalty Group 1-B was created specifically for fentanyl and its derivatives. Texas legislators carved out this separate category in response to the fentanyl crisis. Harris County’s overdose death rate remains above the Texas average, with the majority of deaths involving fentanyl. Most alarming is that every teen overdose death in Harris County in 2023 and 2024 involved fentanyl.
Penalty Group 2 covers hallucinogens including ecstasy, PCP, mescaline, psilocybin mushrooms, and THC concentrates. Adderall also falls into this category.
Penalty Group 2-A includes synthetic cannabinoids like K2 and Spice. Unlike other penalty groups, possession of small amounts (under 2 ounces) is a misdemeanor.
Penalty Group 3 includes stimulants and depressants such as Xanax, Valium, Ritalin, and lower doses of hydrocodone (under 300mg). Possession under 28 grams is a Class A misdemeanor.
Penalty Group 4 contains compounds with limited amounts of narcotics like certain codeine and morphine preparations. Small amounts (under 28 grams) are Class B misdemeanors.
Marijuana occupies its own category under Texas law. While possession of small amounts (under 2 ounces) is a Class B misdemeanor, larger quantities can result in felony charges.
What Are the Penalties for Drug Possession in Texas?
The penalties for drug possession in Texas vary dramatically based on the substance and quantity involved. Here’s a breakdown by penalty group:
Penalty Group 1 Possession (Cocaine, Meth, Heroin, Oxycodone)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days – 2 years in state jail; up to $10,000 fine |
| 1 – 4 grams | Third Degree Felony | 2 – 10 years in prison; up to $10,000 fine |
| 4 – 200 grams | Second Degree Felony | 2 – 20 years in prison; up to $10,000 fine |
| 200 – 400 grams | First Degree Felony | 5 – 99 years or life; up to $100,000 fine |
| 400+ grams | Enhanced First Degree | 10 – 99 years or life; up to $100,000 fine |
Penalty Group 1-A Possession (LSD)
| Amount (Units) | Charge Level | Potential Sentence |
|---|---|---|
| Fewer than 20 units | State Jail Felony | 180 days – 2 years; up to $10,000 fine |
| 20 – 80 units | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 80 – 4,000 units | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 4,000 – 8,000 units | First Degree Felony | 5 – 99 years or life; up to $100,000 fine |
| 8,000+ units | Enhanced First Degree | 15 – 99 years or life; up to $250,000 fine |
Penalty Group 1-B Possession (Fentanyl)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days – 2 years; up to $10,000 fine |
| 1 – 4 grams | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 4 – 200 grams | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 200 – 400 grams | First Degree Felony | 5 – 99 years or life; up to $10,000 fine |
| 400+ grams | Enhanced First Degree | 10 – 99 years or life; up to $100,000 fine |
Penalty Group 2 Possession (Ecstasy, PCP, THC, Mushrooms)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days – 2 years; up to $10,000 fine |
| 1 – 4 grams | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 4 – 400 grams | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 400+ grams | Enhanced First Degree | 5 – 99 years or life; up to $50,000 fine |
Penalty Group 2-A Possession (Synthetic Cannabinoids like K2, Spice)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 2 ounces | Class B Misdemeanor | Up to 180 days in jail; up to $2,000 fine |
| 2 – 4 ounces | Class A Misdemeanor | Up to 1 year in jail; up to $4,000 fine |
| 4 oz – 5 pounds | State Jail Felony | 180 days – 2 years; up to $10,000 fine |
| 5 – 50 pounds | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 50 – 2,000 pounds | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 2,000+ pounds | Enhanced First Degree | 5 – 99 years or life; up to $50,000 fine |
Penalty Group 3 Possession (Xanax, Valium, Ritalin)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 28 grams | Class A Misdemeanor | Up to 1 year in jail; up to $4,000 fine |
| 28 – 200 grams | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 200 – 400 grams | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 400+ grams | Enhanced First Degree | 5 – 99 years or life; up to $50,000 fine |
Penalty Group 4 Possession (Certain Codeine/Morphine Compounds)
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | Up to 180 days in jail; up to $2,000 fine |
| 28 – 200 grams | Third Degree Felony | 2 – 10 years; up to $10,000 fine |
| 200 – 400 grams | Second Degree Felony | 2 – 20 years; up to $10,000 fine |
| 400+ grams | Enhanced First Degree | 5 – 99 years or life; up to $50,000 fine |
These penalties increase significantly if the alleged offense occurred in a drug-free zone (within 1,000 feet of a school, playground, or youth center). Drug-free zone enhancements can elevate charges by one degree.
Harris County’s Marijuana Diversion Program
Harris County takes a different approach to low-level marijuana cases than most Texas jurisdictions. The Misdemeanor Marijuana Diversion Program (MMDP) allows eligible individuals caught with four ounces or less of marijuana to avoid arrest, criminal charges, and a permanent record.
Here’s how it works. If you’re stopped with a misdemeanor amount of marijuana, the officer contacts the Harris County District Attorney’s Office to confirm eligibility. If you qualify, you sign an agreement and are released without being arrested or charged. You then have 90 days to complete a four-hour cognitive decision-making class and pay a $150 fee. Once completed, no criminal charge is ever filed.
The program has dramatically reduced marijuana prosecutions in Harris County. Misdemeanor marijuana filings have dropped to historical lows since MMDP’s implementation. The DA’s office reports a 75% success rate, with nearly 8,000 people completing the program in its first two years alone.
However, MMDP has important limitations. You’re not eligible if you’re already on bond, probation, or deferred adjudication for anything other than a Class C misdemeanor. The program doesn’t apply if you’re caught in a drug-free zone or possess marijuana with intent to deliver. And remember, MMDP is a Harris County policy, not state law. If you’re stopped by a state trooper or arrested outside Harris County, you face full Texas penalties.
Common Defense Strategies in Houston Drug Cases
Defending drug charges requires examining every aspect of the investigation and arrest. Our Houston drug lawyers scrutinize how law enforcement obtained evidence and whether your constitutional rights were violated.
Challenging the search. The Fourth Amendment protects you from unreasonable searches and seizures. Police need probable cause or a valid warrant to search your person, vehicle, or home. If officers violated your rights, any evidence they discovered may be suppressed. Without that evidence, the prosecution’s case often falls apart.
Attacking constructive possession. Simply being near drugs doesn’t mean you possessed them. The state must prove you knew the drugs were present and exercised care, custody, or control over them. If drugs were found in a shared space or someone else’s vehicle, we can challenge whether you had the required knowledge and control.
Questioning the substance identification. Was the alleged drug actually tested? Crime labs are backlogged and mistakes happen. Field tests are notoriously unreliable. Without proper laboratory analysis confirming the substance is actually a controlled substance, prosecutors may struggle to prove their case.
Exposing procedural errors. Law enforcement must follow strict protocols when handling evidence. Chain of custody issues, improper storage, or documentation failures can undermine the reliability of the state’s evidence.
Negotiating alternatives to conviction. Even when the evidence is strong, experienced defense lawyers can often negotiate outcomes that avoid a conviction. Pretrial diversion programs, deferred adjudication, and plea agreements to lesser offenses can protect your record and your future.
Federal vs. State Drug Charges in Houston
Houston’s position as a major metropolitan area near the Mexican border makes it a focal point for federal drug enforcement. Understanding the difference between state and federal charges is critical.
State charges are prosecuted in Harris County courts by the Harris County District Attorney’s Office. These cases follow Texas law and sentencing guidelines.
Federal charges are prosecuted in the United States District Court for the Southern District of Texas by federal prosecutors. Federal cases typically involve larger quantities, interstate trafficking, organized criminal enterprises, or investigations by agencies like the DEA, FBI, or ICE.
Federal sentences are generally more severe. There is no parole in the federal system, meaning you serve at least 85% of any prison sentence. Federal mandatory minimums can result in decades behind bars for trafficking convictions.
Recent federal operations demonstrate how seriously authorities are targeting Houston drug networks. In May 2025, 15 alleged gang members were indicted for running a trafficking organization that used a taco truck and the U.S. mail to distribute methamphetamine across Houston neighborhoods. Such investigations span months or years before arrests occur, meaning federal agents may have already gathered substantial evidence before you know you’re a target.
Why Choose Varghese Summersett for Your Houston Drug Case?
Varghese Summersett brings a unique combination of experience and resources to Houston drug cases. Our team includes former prosecutors who spent years on the other side of the courtroom. They understand how cases are built and know where to find weaknesses.
Our firm has three attorneys board-certified in criminal law by the Texas Board of Legal Specialization, the highest level of recognition for criminal defense expertise in Texas. We’ve handled thousands of drug cases across Texas, from first-time possession charges to multi-defendant federal conspiracies.
We’ve achieved results that matter. Our attorneys have secured dismissals, not-guilty verdicts, and charge reductions for clients facing everything from marijuana possession to methamphetamine trafficking. While we can never guarantee outcomes, we can guarantee aggressive, prepared representation focused on achieving the best possible result in your case.
What to Do If You’re Arrested for a Drug Crime in Houston
The steps you take immediately after an arrest can significantly impact your case. Follow these guidelines:
Exercise your right to remain silent. Police will try to get you talking. Anything you say can and will be used against you. Politely but firmly decline to answer questions beyond providing basic identification information.
Do not consent to searches. If police ask permission to search your vehicle, home, or person, you have the right to refuse. Saying no doesn’t make you look guilty. It protects your constitutional rights.
Contact a Houston drug lawyer immediately. The sooner an attorney gets involved, the more options you may have. Early intervention can sometimes prevent charges from being filed or secure pretrial release on favorable terms.
Document everything you remember. Write down exactly what happened, what officers said, and how the search was conducted. These details matter for your defense.
Avoid discussing your case. Don’t talk about your arrest on social media or with anyone except your attorney. Conversations with friends or family are not protected and can be used as evidence.
Houston Drug Lawyer FAQ
How much does a Houston drug lawyer cost?
Legal fees vary based on the complexity of your case, the charges involved, and whether you’re facing state or federal prosecution. At Varghese Summersett, we offer free consultations to discuss your case and provide transparent information about costs. We believe quality representation should be accessible, and we work with clients to find payment arrangements that fit their circumstances.
Can a first-time drug offense be dismissed in Houston?
Yes, dismissals are possible, especially for first-time offenders. Harris County offers several diversion programs that can result in charges being dropped. Even outside these programs, an experienced defense attorney can often negotiate dismissals by challenging the evidence or identifying constitutional violations. Every case is different, but first offenses typically offer the best opportunities for favorable outcomes.
What is the difference between drug possession and possession with intent to deliver?
Simple possession means having drugs for personal use. Possession with intent to deliver means prosecutors believe you planned to sell or distribute the drugs. Intent charges carry significantly harsher penalties. Prosecutors may infer intent from the quantity of drugs, the presence of paraphernalia like scales or baggies, large amounts of cash, or witness testimony. Challenging the evidence of “intent” is often central to defending these cases.
Will I go to jail for a drug charge in Houston?
Not necessarily. Many factors influence whether jail time is likely, including the substance involved, the quantity, your criminal history, and the quality of your defense. First-time offenders charged with lower-level possession often avoid incarceration through probation, diversion programs, or deferred adjudication. However, large quantities, trafficking charges, or repeat offenses significantly increase the likelihood of prison time.
How long does a drug case take in Harris County?
Harris County’s massive caseload means drug cases can take months or even years to resolve. Simple misdemeanor possession cases may be resolved in a few months. Complex felony cases involving multiple defendants, lab testing, or federal charges can take a year or longer. An experienced attorney can often expedite favorable outcomes while ensuring no shortcuts are taken in your defense.
Contact a Houston Drug Lawyer Today
A drug charge doesn’t have to derail your life. With the right defense, many people facing drug accusations avoid convictions, keep their records clean, and move forward with their futures intact.
At Varghese Summersett, we’ve helped hundreds of Houstonians fight drug charges in Harris County courts. Our team has the experience, the resources, and the determination to pursue every available avenue in your defense.
Call (281) 805-2220 today for a free, confidential consultation. We’re available 24/7 because arrests don’t wait for business hours. Let us put our experience to work for you.
