Drug Crimes
Texas drug law is driven by penalty groups and weights. The substance and the amount determine whether you are facing a state-jail felony or a first-degree felony with a potential life sentence. The difference between possession and possession with intent to deliver can turn on nothing more than the quantity.
Penalty groups
The Texas Controlled Substances Act divides drugs into penalty groups. Penalty Group 1, for example, includes heroin, cocaine, methamphetamine, and prescription opioids like oxycodone. The penalties for Penalty Group 1 range from a state-jail felony for less than one gram to ten years to life for more than 400 grams.
Marijuana is in a category of its own. Possession of processed THC, including edibles and concentrates, is punished under Penalty Group 2, which means a small amount of THC gummies is a felony.
What we challenge
Drug cases almost always begin with a stop, a search, or a tip. The legality of each step matters. If the stop was unlawful, the search that followed it was unlawful, and the evidence it produced is inadmissible. A motion to suppress can end a drug case before trial.
We also challenge the State’s proof of knowing possession. Drugs found in a car with four occupants do not automatically belong to the driver. The State must prove that the defendant knew the drugs were there and exercised care, custody, control, or management over them. That is a higher bar than proximity.
Diversion and dismissal
Harris County and other jurisdictions offer diversion programs for certain drug offenses. Completing a program can result in dismissal of the charges. We evaluate every case for diversion eligibility, because a dismissed case is better than a won case.
Talk to us
We also defend federal drug cases. If you have been convicted, we handle appeals.
Frequently Asked Questions
What are the penalty groups in Texas drug law?
Texas drug law divides controlled substances into penalty groups. Penalty Group 1 includes cocaine, methamphetamine, heroin, and prescription opioids. Penalty Group 2 includes MDMA and THC concentrates and edibles derived from cannabis. Penalty Group 3 includes certain prescription drugs. Penalty Group 4 includes compounds with low concentrations of narcotics.
The penalty group determines the punishment range. For Penalty Group 1, possession of less than one gram is a state-jail felony; possession of 400 grams or more carries 10 to 99 years or life in prison, plus a fine up to $100,000. The aggregate weight of the substance, including any adulterants and dilutants, is what the statute measures.
What is the difference between possession and possession with intent to deliver?
Possession is knowing control over a controlled substance. Possession with intent to deliver adds the element of intent to transfer the substance to someone else.
The State often tries to prove intent to deliver through circumstantial evidence: the quantity, the packaging, the presence of scales or cash, the absence of paraphernalia suggesting personal use. None of that is conclusive. Large quantities can be for personal use. Cash is not contraband. The State still has to prove every element beyond a reasonable doubt.
What does the State have to prove to convict me of drug possession?
Two things: that you knew the controlled substance was present, and that you exercised care, custody, control, or management over it. Proximity is not enough.
Drugs found in a car with multiple occupants do not automatically belong to the driver. Drugs found in a shared residence do not automatically belong to any one person. The State must affirmatively link the defendant to the drugs—through fingerprints, testimony, or other evidence that connects this person to this substance.
Can a drug charge be dismissed before trial?
Yes. The most common path to dismissal before trial is a successful motion to suppress. If the stop, search, or seizure that produced the drugs was unlawful, the evidence is excluded. Without the drugs, the State has no case.
Drug diversion programs offer another path. Harris County and other jurisdictions offer diversion for qualifying offenses. Completing the program results in dismissal. A dismissed case is better than a won case, because a won case still has a trial record.
What is a motion to suppress, and how does it work in a drug case?
A motion to suppress is a pretrial challenge to the admissibility of evidence obtained in violation of the Fourth Amendment. If the police stopped a car without reasonable suspicion, searched a home without a warrant or valid consent, or exceeded the scope of a lawful search, a court can suppress the evidence they found.
In drug cases, suppression often ends the prosecution. The State cannot prove possession of drugs it cannot introduce into evidence. The motion requires a hearing, testimony from the officer, and legal argument. Winning it requires a lawyer who understands both the constitutional doctrine and the specific facts of the search.
Is marijuana legal in Texas?
No. Possession of marijuana—flower—is a criminal offense in Texas. Possession of two ounces or less is a Class B misdemeanor. Possession of more than two ounces but not more than four ounces is a Class A misdemeanor. Possession of more than four ounces is a felony, ranging from a state jail felony to a first-degree felony depending on the amount.
THC extracted from cannabis—concentrates, edibles, vape cartridges—falls under Penalty Group 2, which means a state jail felony for any amount. The exception is hemp. Texas law since 2019 excludes hemp-derived products with no more than 0.3 percent delta-9 THC from the definition of controlled substances. Whether delta-8 THC derived from hemp falls under that exemption is currently contested: the Austin Court of Appeals upheld an injunction blocking the state from prosecuting delta-8 as a Schedule I substance, and the Texas Supreme Court granted review in April 2025. The law on delta-8 is unsettled.
What is the difference between a state and federal drug charge?
State charges are prosecuted in Texas courts under the Texas Controlled Substances Act. Federal charges are prosecuted in federal court under the Controlled Substances Act. Federal sentencing is governed by two separate frameworks: the Federal Sentencing Guidelines, which are advisory ranges judges consult, and statutory mandatory minimums in 21 U.S.C. § 841(b), which are not advisory. For drug offenses involving certain quantities of specific substances, the mandatory minimums run five or ten years regardless of what the Guidelines say.
Federal prosecution typically involves larger quantities, interstate trafficking, or DEA involvement. The procedures, standards, and sentencing are different. A lawyer who handles only state cases is not equipped for federal drug charges. We handle both.
If the charge is serious and the outcome matters, what should I do?
Call us: 713-224-1747. We handle serious drug cases at the trial level and on appeal. We evaluate every case for suppression issues, sufficiency issues, and diversion eligibility.