Drug Crimes

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Drug Crimes in Texas

Possession Charges

Possession of marijuana, possession of a controlled substance (PCS), or possession with intent to deliver, or ANY DRUG OFFENSE IS SERIOUS.

Drug possession requires proof beyond a reasonable doubt the accused “intentionally and knowingly,” had “actual care, custody, control, or management” of the marijuana or controlled substance.

Winning drug possession cases requires an intensive, and case-specific analysis to explore possible defenses and evidence suppression issues at trial (because the stop, search, or arrest was unconstitutional). 

CRIMINAL DEFENSE ATTORNEY TRISTAN LEGRANDE HAS A TRACK RECORD OF WINNING DRUG CASES

LeGrande Law utilizes a full array of tactics to secure a dismissal, reduction in charges, or a Not Guilty verdict.  We will never bully you into pleading Guilty or taking a deal you are uncomfortable with.  


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Felony Drug Possession

Possession of more than four ounces of marijuana, possession of “controlled substances,” like cocaine,  methamphetamine, MDMA, THC; “or, an allegation of “manufacture,” “sale,” or “delivery” of a controlled substance.  

Punishments for felony drug possession can be severe.  To win, you must have an attorney skilled in analyzing the manner in which the police stopped, searched or seized the controlled substance.  No matter what your goals are in your case, Attorney Tristan LeGrande has the experience you need to negotiate a better disposition of your case, or, help to fight and win your case at trial.    

Attorney Tristan LeGrande has experience fighting and winning felony drug cases across Texas.  Call today to discuss your case – don’t take a deal until your free consultation!  


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 MARIJUANA

  • 2 ounces or less: Class B Misdemeanor (up to 6mo county jail)*
  • 4 ounces or less but more than 2 ounces: Class A misdemeanor (up to 1Y Co jail)
  • 5 pounds or less but more than 4 ounces:  State Jail Felony (6mo – 2Y Co jail)
  • 50 pounds or less but more than 5 pounds: 3rd Degree Felony (2 – 10Y TDCJ)
  • 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony (2 – 20Y TDCJ)
  • More than 2,000 pounds: 5 to 99 years, or life.

Harris County Misdemeanor Marijuana Diversion Program: If you are found in possession of under 4 ounces of marijuana, you will now offered a 4-hour class on cognitive decision making instead of going to jail. Class cost is $150.  The marijuana is seized and logged into evidence; and, if you do not complete the class, charges will be filed.

** CLICK HERE FOR MORE INFO **

**ATTORNEY TRISTAN LEGRANDE QUOTED IN THE HOUSTON CHRONICLE NEWSPAPER**  Several municipalities in Harris County (including Seabrook, Nassau Bay, Friendswood, Morgans Point and Lakeview) are refusing to follow the Marijuana Diversion Program, and instead are charging those caught with small amounts of marijuana with possession of drug Paraphernalia.  Attorney Tristan LeGrande is quoted IN THE ARTICLE – HERE – 


 CONTROLLED SUBSTANCES

Statutes can be found in Section 481, Texas Health and Safety Code (the “Texas Controlled Substance Act”).

Punishments are divided into Penalty Groups.  Prosecution is possible for ANY DETECTABLE AMOUNT.

Possession of any prescription medication listed in the Health and Safety Code is illegal unless the medication is acquired with a valid prescription.  (Click here to see the full text of the Health & Safety Code describing what substances are controlled substances under Texas Law).

Some Counties file charges for possession of “trace” amount of controlled substances, even if the quantity cannot be determined (the controlled substance cannot be weighed).

Punishments are enhanced if you are charged with intent to manufacture, deliver, or sell.


** Amounts are measured by aggregate weight including adulterants or dilutants. **

* Punishments below are Jail/Prison time only; see Texas Penal Code for a list of possible fines*


PENALTY GROUP 1: Methamphetamine, cocaine, heroin, oxycontin, fentanyl.

“PCS PG1” on court paperwork

  • Less than one gram: State Jail Felony (6mo – 2Y state jail).
  • 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
  • 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
  • More than 400 grams: 10 to 99 years, or life

PENALTY GROUP 1-A Lysergic acid diethylamide (LSD).  

“PCS PG1-A” on court paperwork

  • Fewer than 20 abuse units (“hits”): State Jail Felony (6mo – 2Y state jail)
  • 20 to 80 abuse units (“hits”): 3rd Degree Felony (2 – 10Y TDCJ)
  • 80 to 4000 abuse units (“hits”): 2nd Degree Felony (2 – 20Y TDCJ)
  • 4000 to 8000 abuse units (aka”hits”): 1st Degree Felony (5 – 99Y TDCJ)
  • Over 8000 abuse units (aka”hits”): 15 to 99 years, or life

PENALTY GROUP 2 –(3, 4-methylenedioxy-N-methyl amphetamine, MDMA), psilolcybin (mushrooms), mephedrone (bath salts); concentrated THC (Tetrahydrocannabinol; AKA wax/shatter/dabs).

“PCS PG2” on court paperwork

  • Less than one gram: State Jail Felony (6mo – 2Y state jail)
  • 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 4 to 400 grams: 2nd Degree Felony (2 – 20Y TDCJ)
  • More than 400 grams: 5 to 99 yrs or life
  • CASES FILED 9/1/15 UNTIL 9/1/17 – If FDA Approved as medication, it’s a Class B Misdemeanor. (Ie. Adderall & Vyvanse).  AFTER 9/1/17 it is a FELONY AGAIN.

Houston Chronicle article regarding law change; Attorney Tristan LeGrande is quoted HERE


PENALTY GROUP 2-A Synthetic cannabinoids (commonly known as “k2,” Kush, incense).

PCS PG2-A” on court paperwork

  • 2 ounces or less: Class B Misdemeanor (up to 6mo county jail)
  • 4 ounces or less but more than 2 ounces: Class A Misdemeanor (up to 1Y county jail)
  • 5 pounds or less but more than 4 ounces: State Jail Felony (6mo – 2Y state jail)
  • 50 pounds or less but more than 5 pounds: 3rd Degree Felony (2 – 10Y TDCJ)
  • 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony (2 – 20Y TDCJ)
  • More than 2,000 pounds: 1st degree felony ( 5 – 99Y TDCJ)

PENALTY GROUP 3 – painkillers, sedatives and anti-anxiety medications, such as:

BenzodiazepinesXanax (alprazolam), Klonopin (clonazepam), valium (diazepam)

Sleeping aidesAmbien (zolpidem)

Painkillers; Vicodin / Norco / Lortab (hydrocodone)

SteroidsNandrolone, Equipose (boldenone), Stanozolol 

StimulantsRitalin (Methylphenidate)

“PCS PG3” on court paperwork

  • Less than 28 grams: Class A Misdemeanor (up to 1Y county jail)
  • 28 to 200 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 200 to 400 grams: 2nd Degree Felony (2 – 20Y TDCJ)
  • More than 400 grams: 1st Degree Felony (5 – 99Y TDCJ)

PENALTY GROUP 4 Codeine solutions (“syrup” “purple” or “lean”).

“PCS PG4” on court paperwork

  • Less than 28 grams: Class A Misdemeanor (up to 1Y county jail)
  • 28 to 200 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 200 to 400 grams: 2nd Degree Felony (2 – 20Y TDCJ)
  • More than 400 grams: 1st Degree Felony (5 – 99Y TDCJ)

** Remember, entire solution is weighed, not just the active ingredient. **

REMEMBER -Being accused of possession of marijuana or possession of a controlled substance does not mean you have no options; at LeGrande Law we implement the full array of defense tactics and strategies to tenaciously defend our clients.  Our constant aim is a dismissal, evidence suppression, or not guilty at trial.


Possession of a Dangerous Drug

Illegal possession of a prescription drug not listed in other Penalty Groups, but still regarded as a “controlled substance” that is illegal to possess without a prescription.  Possession of any amount of this type of substance is a Class A Misdemeanor.


 IF CHARGED WITH A DRUG OFFENSE

YOU NEED A TOUGH DEFENSE ATTORNEY

LeGrande Law - Logo - Drug Crimes Attorney in Houston

Our criminal defense law firm takes all drug possession cases very seriously, whether it is a case of misdemeanor possession of marijuana, or a more serious felony charge, we will zealously defend your case.

It is very important that you contact our criminal defense law firm immediately so that we can take proactive steps to fight the drug crimes allegation you will have to face in court.  Call today!

Drug Crimes | Houston Criminal Defense Attorney

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