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Drug Crimes in Texas

Possession Charges

Possession of marijuana (POM), possession of a controlled substance (PCS), or possession with intent to manufacture, deliver or sell – 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 substance they are accused of possessing.

Winning drug possession cases requires a painstaking analysis to determine what defenses exist and whether evidence can be suppressed at trial because the stop, search, or arrest was unconstitutional. 

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

Tristan LeGrande utilizes the full array of legal 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

Marijuana possession over four ounces, possession of “controlled substances,” including: cocaine, heroin, methamphetamine, ecstasy (MDMA); or, charges of “manufacture,” “delivery,” “sale,” or “possession with intent to deliver.”  

Punishment for conviction of Felony drug possession in Texas can be severe.  Part of your defense is to investigate the manner in which the police stopped, searched or seized the the drugs.  It is important to your defense that your attorney knows how to fight to exclude incrimination evidence against you. 

Attorney Tristan LeGrande has a proven record of successfully fighting bad stops and searches of his clients and their property, having the drug evidence suppressed, and winning a dismissal of the charges.  

Hire Houston drug attorney Tristan LeGrande! 

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 MARIJUANA

  • Two 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: 5 to 99 years, or life

Harris County Misdemeanor Marijuana Diversion Program: If caught in Harris County with less than 4 ounces of marijuana, you will now be given the option to take a 4-hour class on cognitive decision making instead of going to jail. The class costs $150.  The marijuana will be seized and logged into evidence.  If you do not complete the class, the charges will be filed as usual.  More detailed information about the program can be found at the Harris County District Attorney’s website.**

**HOUSTON CHRONICLE** *Some* 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 regarding Seabrook prosecutor Robert C. Richter‘s insistence that any container you hold marijuana in is drug paraphernalia and their city does not have to follow the directives of the Harris County District Attorney.  READ THE ARTICLE – HERE – 


 CONTROLLED SUBSTANCES

Controlled Substances are regulated in Section 481 of the Texas Health and Safety Code (the “Texas Controlled Substance Act”).

Punishments for controlled substance offenses are divided into Penalty Groups.  You can be prosecuted for possession of ANY DETECTABLE AMOUNT.

It is also illegal to possess prescription medications in any penalty group 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 a controlled substance, 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 (AKA oxy/roxy), 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 Hallucinogenics Ecstasy (3, 4-methylenedioxy-N-methyl amphetamine, MDMA), psilolcybin (mushrooms), mephedrone (bath salts); concentrated THC (Tetrahydrocannabinol; AKA wax/shatter/honey oil/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 – prescription 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. **


Possession of any amount of a controlled substance from any of the above mentioned penalty groups is a SERIOUS matter and should be dealt with accordingly.

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

This is a charge for 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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