Drug possession in Texas means having actual care, custody, or control of a controlled substance without a valid prescription under the Texas Controlled Substances Act, Health and Safety Code Chapter 481. Penalties range from a $500 fine for small amounts of marijuana to life in prison for possession of large quantities of substances like cocaine or methamphetamine. The specific charge depends on the penalty group classification of the drug and the amount found in your possession.
At Varghese Summersett, our Houston defense attorneys understand that being charged with drug possession can devastate your life, career, and future opportunities. Attorney Mike Hanson leads our Houston office and brings extensive experience defending drug cases in Harris County and Fort Bend County courts. We’ve successfully challenged illegal searches, negotiated pretrial diversion for first-time offenders, and secured dismissals based on insufficient evidence and constitutional violations.
If you or a loved one has been arrested for drug possession in Houston, it’s crucial to consult with an experienced Houston drug possession lawyer as soon as possible. At Varghese Summersett, we provide strategic, aggressive defense tailored to the specifics of your case.
What Constitutes Drug Possession Under Texas Law?
Texas law defines possession broadly under Health and Safety Code Section 481.002. You possess a controlled substance when you have actual care, custody, control, or management over it. Prosecutors can prove possession through actual physical possession — drugs found on your person or in your pocket, for example — or constructive possession, where drugs are found in an area you control, such as your vehicle, home, or workplace.
Constructive possession cases require prosecutors to prove you knew the drugs were present and that you exercised control over them. This becomes critical in cases involving multiple occupants of a vehicle or shared living spaces. Simply being present where drugs are found doesn’t automatically make you guilty of possession.
The prosecution must also prove you knowingly possessed the substance. If you genuinely didn’t know drugs were in your vehicle or that a prescription medication belonged to someone else, you may have a viable defense to possession charges.
An experienced Houston drug possession Lawyer will evaluate whether prosecutors can truly establish knowledge and control, especially in cases involving multiple individuals or shared spaces.
Texas Drug Penalty Groups Explained
Texas classifies controlled substances into penalty groups that determine charge severity and potential punishment. Understanding which penalty group applies to your case is essential because it directly impacts whether you face misdemeanor or felony charges.
Penalty Group 1
Penalty Group 1 includes the most serious drugs with high potential for abuse and no accepted medical use. This group contains cocaine, heroin, methamphetamine, GHB, ketamine, and rohypnol. Even small amounts trigger felony charges with severe penalties.
Penalty Group 1-A
This category specifically covers LSD (lysergic acid diethylamide). Penalties for LSD possession follow similar structures to Penalty Group 1 but use different quantity measurements due to the drug’s typical dosing.
Penalty Group 1-B
Penalty Group 1-B in Texas is specifically reserved for fentanyl and its related substances due to the drug’s extraordinary potency and very high risk of fatal overdose, even with very small amounts. Unlike Penalty Group 1, which covers a variety of other dangerous drugs, Group 1-B is used to carve out tough penalties in response to the ongoing fentanyl crisis and aims to deter both abuse and distribution
Penalty Group 2
Penalty Group 2 includes hallucinogenic substances like mescaline, psilocybin (mushrooms), MDMA (ecstasy), and PCP. These substances also carry serious penalties, though slightly less severe than Penalty Group 1 at comparable quantities.
Penalty Group 2-A
Penalty Group 2-A in Texas includes synthetic cannabinoids, commonly known as “spice” or “K2,” as well as any material, compound, mixture, or preparation containing any quantity of a synthetic chemical that mimics the effect of natural cannabinoids. These substances are treated separately from natural marijuana, and penalties for possession or distribution can range from a misdemeanor for small amounts to enhanced felonies for larger quantities.
Penalty Group 3
This group covers certain prescription medications with moderate abuse potential, including Valium, Xanax, Ritalin, and anabolic steroids. Possession of these substances without a valid prescription constitutes a criminal offense.
Penalty Group 4
Penalty Group 4 contains compounds with limited abuse potential, including certain prescription medications and chemical precursors. Penalties are generally less severe than other penalty groups.
Marijuana
Marijuana remains illegal under Texas law despite legalization in other states. Possession penalties depend on the amount, ranging from a Class B misdemeanor for small amounts to felony charges for larger quantities.
An experienced Houston drug possession lawyer can explain how your charge’s penalty group affects sentencing and explore opportunities for case reduction or dismissal.
Houston Drug Possession Penalties
Texas drug possession penalties increase dramatically based on the drug’s penalty group classification and the quantity found. Understanding these penalty ranges helps you grasp the seriousness of charges you face and the importance of experienced legal representation.
| Penalty Group 1 Possession Penalties | ||
|---|---|---|
| Amount | Charge | Penalty |
| Less than 1 gram | State jail felony | 180 days to 2 years in state jail, up to $10,000 fine |
| 1 to 4 grams | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| 4 to 200 grams | Second-degree felony | 2 to 20 years in prison, up to $10,000 fine |
| 200 to 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 |
| Penalty Group 2 Possession Penalties | ||
|---|---|---|
| Amount | Charge | Penalty |
| Less than 1 gram | State jail felony | 180 days to 2 years in state jail, up to $10,000 fine |
| 1 to 4 grams | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| 4 to 400 grams | Second or First-degree felony | 2 to 99 years or life, up to $10,000 fine |
| Over 400 grams | Enhanced first-degree felony | 10 to 99 years or life, up to $100,000 fine |
| Penalty Group 3 & 4 Possession Penalties | ||
|---|---|---|
| Amount | Charge | Penalty |
| Less than 28 grams | Class A misdemeanor | Up to 1 year in jail, up to $4,000 fine |
| 28 to 200 grams | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| 200 to 400 grams | Second-degree felony | 2 to 20 years in prison, up to $10,000 fine |
| Over 400 grams | First-degree felony | 5 to 99 years in prison, up to $10,000 fine |
| Marijuana Possession Penalties | ||
|---|---|---|
| Amount | Charge | Penalty |
| 2 ounces or less | Class B misdemeanor | Up to 180 days in jail, up to $2,000 fine |
| 2 to 4 ounces | Class A misdemeanor | Up to 1 year in jail, up to $4,000 fine |
| 4 ounces to 5 pounds | State jail felony | 180 days to 2 years, up to $10,000 fine |
| 5 to 50 pounds | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| 50 to 2,000 pounds | Second-degree felony | 2 to 20 years in prison, up to $10,000 fine |
| More than 2,000 pounds | Felony with enhanced penalty range | 5 to 99 years, up to $50,000 fine |
Enhanced Penalties and Aggravating Factors
Texas law provides for enhanced penalties when drug possession occurs under certain circumstances. Possession in a drug-free zone—within 1,000 feet of schools, playgrounds, youth centers, or public swimming pools—can increase charges by one degree. Prior drug convictions also enhance penalties, potentially doubling prison sentences for repeat offenders.
Possession involving weapons, large amounts of cash, or evidence of distribution intent can result in additional charges beyond simple possession. Prosecutors in Harris County aggressively pursue enhancement provisions, making experienced legal representation essential.
How Houston Prosecutors Handle Drug Possession Cases
Harris County prosecutors approach drug possession cases with varying degrees of severity depending on the substance involved, quantity, defendant’s criminal history, and circumstances of the arrest. The Harris County District Attorney’s Office has shown willingness to offer pretrial diversion to qualifying first-time offenders charged with low-level possession, particularly marijuana cases.
However, prosecutors maintain tough stances on cases involving Penalty Group 1 substances, large quantities suggesting distribution intent, or defendants with prior drug convictions. Repeat offenders face significantly harsher plea offers, and prosecutors actively seek maximum penalties for habitual drug offenders.
Recent prosecutorial trends in Harris County reflect ongoing tension between progressive reform efforts and maintaining public safety priorities. While some low-level possession cases receive favorable treatment through diversion programs, felony possession cases still result in prison sentences at substantial rates.
Fort Bend County prosecutors similarly maintain strict approaches to drug crimes while offering alternatives for appropriate first-time offenders. Understanding the specific prosecutor assigned to your case and their typical negotiation patterns provides strategic advantages during plea negotiations.
Federal vs. State Drug Possession Charges
Most Houston drug possession cases proceed under Texas state law, but certain circumstances trigger federal jurisdiction. Federal charges typically arise when alleged possession occurs on federal property, crosses state lines, involves substantial trafficking quantities, or connects to larger drug distribution organizations.
Federal drug prosecutions follow the Controlled Substances Act, which uses different scheduling classifications than Texas penalty groups though the substances covered largely overlap. Federal cases proceed in United States District Court under different procedural rules and sentencing guidelines.
Federal drug possession convictions often carry mandatory minimum sentences that eliminate judicial discretion in sentencing. Federal prosecutors have greater resources, more sophisticated investigative techniques, and typically pursue only cases they believe they can win convincingly.
If you face potential federal drug charges, you need attorneys experienced in federal court procedures and federal sentencing guidelines. Our team has successfully defended clients in both state and federal courts and understand the critical differences between these systems.
What to Expect After a Drug Possession Arrest in Houston
Understanding the criminal justice process after drug possession arrest helps you make informed decisions about your defense. Drug cases in Houston typically follow predictable procedural paths, though specifics vary based on charge severity and individual circumstances.
Following arrest, you’ll be transported to county jail for booking, fingerprinting, and photographing. Bail is set based on charge severity, your criminal history, community ties, and perceived flight risk. First-time offenders charged with low-level possession often receive reasonable bail amounts or personal recognizance bonds. Serious felony possession charges can result in bail set at tens of thousands of dollars.
Your initial court appearance provides the first opportunity for your attorney to advocate for bail reduction and begin negotiating with prosecutors. Having experienced counsel present at this critical stage can significantly impact bail conditions and early case direction.
Misdemeanor drug possession cases proceed directly to county criminal courts. Felony cases require grand jury indictment before formal prosecution begins. The grand jury process typically occurs within 90 days of arrest.
After indictment or formal charges, the discovery process begins. Your attorney receives police reports, laboratory results, witness statements, and other evidence prosecutors intend to present. Our team conducts independent investigations, interviews witnesses, and identifies evidence supporting your defense.
Most drug possession cases resolve through plea negotiations rather than trial. However, the strength of your defense significantly impacts plea offers prosecutors extend. Cases with strong suppression issues, questionable lab results, or proof problems often result in favorable plea agreements or outright dismissals.
Proven Defenses to Houston Drug Possession Charges
Effective drug possession defense requires a thorough investigation, a solid understanding of constitutional protections, and a strategic approach to case presentation. Our defense team employs multiple approaches, depending on the specific facts and circumstances of your case.
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. Police must have probable cause for warrantless searches or obtain valid warrants based on probable cause. Common violations include traffic stops without reasonable suspicion, searches exceeding the scope of consent, and warrants based on false or insufficient information.
When police violate your Fourth Amendment rights, the exclusionary rule prohibits prosecutors from using illegally obtained evidence at trial. Successful suppression motions often result in case dismissal when the excluded evidence formed the prosecution’s primary proof of possession.
Our Houston drug possession lawyers carefully examine every aspect of the search that led to drug discovery — the initial stop or encounter, any consent given, the scope of the search conducted, and whether probable cause existed. Many drug cases are won through suppression of illegally obtained evidence.
Lack of Knowledge or Possession
Prosecutors must prove you knowingly possessed the controlled substance. In constructive possession cases involving drugs found in vehicles or homes with multiple occupants, establishing knowledge and control becomes difficult for the prosecution.
If drugs were found in a shared vehicle, common area of a residence, or location where others had access, you may successfully argue you didn’t know drugs were present or didn’t exercise control over them. This defense proves particularly effective when physical evidence doesn’t connect you to the drugs — no fingerprints, no proximity, no other evidence establishing your knowledge.
Challenging Laboratory Analysis
The prosecution must prove the substance found was actually a controlled substance through proper laboratory testing. Lab errors, contamination, chain of custody issues, or improper testing procedures can render drug evidence invalid.
Our Houston drug possession lawyers demand full discovery of laboratory procedures, analyst qualifications, and testing protocols. We retain independent experts when appropriate to challenge the state’s lab results and identify potential errors or irregularities in testing procedures.
Temporary or Innocent Possession
Texas law recognizes defenses for temporary possession in specific circumstances. If you possessed drugs briefly to deliver them to law enforcement or to prevent harm to another person, you may have a valid defense. The key requirement is that possession was momentary and for a lawful purpose.
Prescription Defense
For controlled substances in Penalty Groups 3 and 4, valid prescriptions provide complete defenses to possession charges. If you possessed prescription medication lawfully prescribed to you, you cannot be convicted of illegal possession even if the medication wasn’t in its original container.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they weren’t predisposed to commit. While entrapment defenses appear more commonly in drug sale cases than possession cases, situations involving confidential informants or undercover officers sometimes present entrapment issues.
Pretrial Diversion Programs for First-Time Offenders
Harris County and Fort Bend County offer pretrial intervention programs for qualifying first-time drug offenders. These programs provide alternatives to traditional prosecution, allowing defendants to avoid conviction through successful program completion.
Typical pretrial diversion requirements include drug education classes, community service, random drug testing, and regular check-ins with program administrators. Program lengths vary from several months to one year, depending on charge severity and individual circumstances.
Successful completion results in case dismissal, leaving you without a drug conviction on your record. You subsequently become eligible for expunction, completely removing the arrest from your criminal history.
Not every case qualifies for pretrial diversion. Prosecutors consider factors including criminal history, drug type and quantity, circumstances of arrest, and your willingness to accept responsibility and participate in treatment. Even marginal cases sometimes qualify for diversion through effective attorney advocacy.
However, accepting diversion means acknowledging some responsibility for the charged conduct. If you have strong defenses and viable suppression issues, it may be in your best interest to pursue a trial or fight for a case dismissal.
How Drug Possession Convictions Affect Your Future
Drug possession convictions create lasting consequences extending far beyond immediate penalties of fines and incarceration. A drug conviction appears on criminal background checks and impacts virtually every aspect of your life.
Employment Consequences
Many employers conduct criminal background checks and automatically disqualify applicants with drug convictions. Positions involving driving, working with vulnerable populations, security clearances, or professional licensing become extremely difficult to obtain with drug convictions on your record.
Professional licenses in fields including healthcare, education, law, real estate, and financial services face suspension or revocation following drug convictions. State licensing boards view drug crimes as reflecting on character and fitness to practice, often imposing discipline even for misdemeanor convictions.
Housing and Public Benefits
Drug convictions can result in denial of public housing assistance and disqualification from federal student loans and grants. Private landlords frequently reject rental applications from individuals with drug convictions, making housing difficult to secure.
Immigration Consequences
Non-citizens face severe immigration consequences for drug convictions. Even minor marijuana possession can trigger removal proceedings, prevent naturalization, or bar reentry to the United States. Controlled substance convictions generally constitute aggravated felonies under immigration law, making deportation virtually certain for lawful permanent residents.
Non-citizens must consult with immigration attorneys before accepting any plea agreement in drug cases. Our attorneys coordinate with immigration counsel to structure outcomes minimizing or eliminating immigration consequences whenever possible.
Driver’s License Suspension
Drug convictions result in automatic driver’s license suspension for 180 days under Texas Transportation Code Section 521.372. This suspension applies even when the offense didn’t involve driving and creates significant hardship for people who depend on driving for work or family obligations.
What to Do If You’re Arrested for Drug Possession
Your actions immediately after drug possession arrest significantly impact your case outcome. Follow these critical steps to protect your rights and strengthen your defense.
Exercise your right to remain silent. Be polite with officers but do not discuss the drugs, where you were going, who you were with, or any other details about your case. You cannot talk your way out of arrest, and statements you make will be used against you in court.
Do not consent to searches. Police may ask to search your vehicle, home, or phone. Politely refuse consent and make them obtain a warrant. Many successful defenses are built on challenging the legality of searches that exceeded constitutional bounds.
Do not discuss your case with anyone except your attorney. Jail calls are recorded, and conversations with inmates, friends, and family can be used as evidence against you. Do not post about your case on social media or discuss it in text messages or emails.
Document everything you remember. Write down the circumstances of your arrest while details remain fresh—what the officer said, whether you were read Miranda warnings, who else was present, and any observations about how evidence was collected. These details can prove crucial to your defense.
Contact an experienced Houston drug possession lawyer immediately. The sooner your attorney begins investigating your case, interviewing witnesses, and challenging the prosecution’s evidence, the stronger your defense will be.
If you face drug possession charges in Houston, Harris County, Fort Bend County, or the surrounding areas, your choice of legal representation may determine whether you face conviction and harsh penalties or walk away with the charges dismissed. Call Varghese Summersett today at (281) 805-2220 or contact us online to discuss your case with experienced Houston drug possession lawyers who will fight to protect your freedom and future.
Common Questions About Houston Drug Possession Charges
Will I go to jail for drug possession? Jail time depends on the drug type, quantity, and your criminal history. First-time offenders charged with small amounts of marijuana or low-level controlled substances often avoid jail through pretrial diversion or probation. Felony possession of Penalty Group 1 substances typically results in prison time, absent strong defenses or mitigating circumstances.
Can drug possession charges be dismissed? Yes, drug charges can be dismissed through various means, including illegal search and seizure, insufficient evidence, lab errors, or successful pretrial diversion. Experienced defense counsel significantly increases dismissal prospects by identifying weaknesses in the prosecution’s case.
What if the drugs weren’t mine? Prosecutors must prove you knowingly possessed the controlled substance. In cases involving multiple people or shared spaces, proving knowledge and control becomes difficult. This defense requires careful presentation of facts showing you lacked knowledge of the drugs’ presence or control over them.
Can police search my car without permission? Police can search your vehicle without a warrant under the automobile exception if they have probable cause to believe it contains contraband or evidence of a crime. However, traffic stops require reasonable suspicion of traffic violations or criminal activity, and searches must remain within constitutional limits.
Should I talk to police about drug charges? You should exercise your right to remain silent and request an attorney immediately. Statements to police rarely help your case and typically provide prosecutors with additional evidence. Police may suggest cooperation will help you, but statements made during interrogation almost always strengthen the prosecution’s case.
How long do drug cases take in Houston? Misdemeanor cases typically resolve within several months. Felony cases take longer, often six months to over a year from arrest to final resolution. Complex cases involving suppression issues, expert witnesses, or trial preparation can extend beyond a year.
Why Choose Varghese Summersett for Houston Drug Defense
Varghese Summersett brings extensive experience defending drug possession charges throughout Houston, Harris County, and Fort Bend County. Our Houston drug possession lawyers understand local court procedures, prosecutor tendencies, and judicial preferences that impact case outcomes.
Mike Hanson leads our Houston office and has handled drug cases ranging from misdemeanor marijuana possession to serious felony charges involving large quantities of controlled substances. As a former prosecutor, he understands how the state builds drug cases and knows effective strategies for dismantling prosecution evidence.
Our track record includes dozens of dismissals based on illegal searches, successful pretrial diversion negotiations for first-time offenders, and favorable plea agreements that avoid prison time and minimize long-term consequences. We’ve challenged laboratory procedures, demonstrated lack of knowledge and possession, and secured acquittals through effective trial advocacy.
We understand that drug charges often stem from addiction issues rather than criminal intent. Our attorneys work to connect clients with treatment resources and present compelling mitigation evidence demonstrating your commitment to addressing underlying substance abuse problems.
When to Contact a Houston Drug Possession Lawyer
Contact an experienced Houston drug possession lawyer immediately after arrest or upon learning you’re under investigation. Early legal intervention creates opportunities to shape case outcomes before charges are filed and protects your constitutional rights throughout the investigation.
If police want to question you about drug-related activity, you should have legal representation present. Officers often suggest that cooperation will help your case, but statements made during these interactions typically become prosecution evidence used against you at trial.
The period between arrest and formal charging provides critical opportunities for defense preparation. Experienced Houston drug possession lawyers can communicate with prosecutors before charging decisions are made, present mitigating evidence, and sometimes prevent charges from being filed altogether.
Don’t wait to see what happens or hope charges will be dropped on their own. Drug cases move quickly through the court system, and delays in securing representation limit your defense options and increase conviction likelihood.
Speak to a Houston Drug Possession Lawyer Today
Facing a drug possession charge can be overwhelming—but you don’t have to face it alone. At Varghese Summersett, our Houston team, led by experienced defense attorney Mike Hanson, is ready to fight for your rights and your future. Don’t wait. Contact us today at 281-805-2220 or fill out our online contact form to schedule a confidential consultation with a trusted Houston drug possession lawyer who will fight to protect your freedom and future.
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