In Texas, possession of even a small amount can lead to harsh penalities.
Drug charges are a serious matter in Texas. Even a first-time conviction can result in jail time, fines, and a criminal record. There are two main types of drug charges in Texas: drug possession and drug trafficking.
Drug possession is the unlawful act of having a controlled substance in your possession.
Drug trafficking is the unlawful act of transporting, delivering, or manufacturing a controlled substance.
The penalties for drug possession and drug trafficking vary depending on the type of drug involved, the amount of the drug, and the offender’s criminal history. For example, a first-time offender who is caught with a small amount of marijuana may only face a fine, while a repeat offender who is caught with a large amount of cocaine could face a prison sentence of several years.
And this is only the start. At The Webb Firm, P.C., in Conroe, TX, we fight aggressively to defend our clients’ freedom because we understand criminal penalties are not the only negative effects of a conviction. In addition to the possibility of incarceration and fines, people with Texas drug convictions often have difficulty getting a job, housing, financing, and professional licenses.
If you have been charged with a crime in the Montgomery County area, we are here to help. Contact The Webb Firm, P.C., for a free consultation to learn more about your potential legal options.
Types of drug possession charges in Texas
In general, drug possession charges are for the unlawful act of having a controlled substance in possession. Controlled substances are drugs that are regulated by the government and that have the potential to be abused. In the Greater Houston Area, drugs most often involved in possession cases include:
- Heroin and opioids.
- Marijuana, cannabis, and synthetic cannabinoids.
Drug possession charges in Texas can range from misdemeanors to felonies depending on the type and amount of drug involved. There are four categories of drug possession charges in Texas – Penalty groups 1-4. Penalty Group 1 includes drugs such as opiates like heroin and morphine, cocaine, and Ketamine. Marijuana possession is a Penalty Group 2 charge.
Leniency for a first-time offender is not guaranteed. The minimum sentence for possession of a small amount of a Class B misdemeanor drug carries a penalty of up to 180 days of incarceration and up to $2,000 in fines. Possession of larger amounts of Penalty Group 1 drug can result in even more severe penalties, including up to 99 years in prison and a fine of up to $250,000.
Types of drug trafficking charges
Drug trafficking charges in Texas are even more severe than drug possession charges. Drug trafficking is defined as the manufacturing, delivering, or selling of a controlled substance. The penalties for drug trafficking in Texas are determined by the type and amount of drugs involved.
Like drug possession charges, drug trafficking charges in Texas are divided into four penalty categories. The penalties for drug trafficking can range from a state jail felony to a first-degree felony, depending on the type and amount of drug involved.
For example, trafficking 500-4,999 grams of cocaine can result in up to 40 years in prison and $2 million in fines for a first conviction and up to life in prison and a $4 million fine for a second conviction. Additionally, if a trafficking charge involves a minor or occurs near a school, the penalties are even more severe.
How an experienced Texas criminal defense lawyer can help
People charged with drug crimes in Montgomery County, Texas, should contact an experienced criminal defense lawyer as soon as possible. At The Webb Firm, P.C., our Conroe, TX-based criminal defense law firm has helped many clients in similar situations.
We can investigate the charges, collect evidence, fight allegations, seek prosecution and law enforcement errors, and negotiate with the prosecutor on your behalf in an effort to get the charges reduced or dismissed.
Texas Criminal Defense Attorney Amanda Webb, our firm’s founding attorney, is well-versed in the law because she has handled numerous drug-related matters in court as a criminal defense attorney and formerly as an Assistant District Attorney for Montgomery County.
As a result, she understands how both sides think and what it takes to win complex cases. If you have been charged with a drug crime in Conroe, The Woodlands, or the Montgomery County area, contact us today to schedule a free case consultation.