Drug Crimes

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Controlled substance or Possession of Marijuana charges?  
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Drug Crimes in Texas

Drug Possession

Being charged with Possession of marijuana (POM), possession of a controlled substance (PCS), or possession with intent to manufacture, deliver or sell – drug possession is a serious offense in Texas. A conviction for drug possession requires prosecutors for the State of Texas to prove, beyond a reasonable doubt, that the accused “intentionally and knowingly,” had “actual care, custody, control, or management” of a drug (controlled substance or marijuana) they are accused of possessing.

To effectively fight accusations that you possessed any drug, a painstaking analysis is required to determine what defenses exist, and whether the evidence can be suppressed because the stop, search, or arrest was unconstitutional. 

Criminal defense attorney Tristan LeGrande has a track record of winning drug cases.  Tristan LeGrande is a Houston drug lawyer capable of utilizing the full gambit of tactics to secure a dismissal, reduction in charges, or a Not Guilty at trial.  We will never bully you into pleading Guilty or taking a deal you are uncomfortable with.

Caught with a controlled substance or marijuana?  

LOCKED UP? CALL LEGRANDE LAW! 281-684-3500

What drug possession offenses are a Felony in Texas?

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

Felony drug possession is particularly serious, and punishments for possession of a controlled substance are substantial under the Texas Health and Safety Code.  Often the manner in which the police found the drugs can be fought in court and even suppressed, resulting in a dismissal of the charges against you.  

Hire Houston drug attorney Tristan LeGrande! 

Don’t take a deal until you talk to a REAL HOUSTON DRUG LAWYER!  RESULTS MATTER!

CALL LEGRANDE LAW NOW! 281-684-3500


 Marijuana

  • Two ounces or less: Class B Misdemeanor.*
  • Four ounces or less, but more than two ounces: Class A misdemeanor.
  • Five pounds or less but more than four ounces:  State Jail Felony.
  • 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
  • 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.
  • More than 2,000 pounds: 5 to 99 years, or life in prison and a fine not to exceed $100,000.

 Controlled Substances

Illicit Controlled Substances and controlled prescription medications are regulated under Texas Law under Section 481 of the Texas Health and Safety Code.

It is illegal to possess prescription medications (i.e., xanax, lortab, adderrall, etc.) in any penalty group unless the substance is acquired directly from or under a valid prescription.  (Click here to see the full text of the Health & Safety Code describing what substances are controlled substances under Texas Law).

The Texas Controlled Substances Act defines drug offenses in Texas. Punishments for controlled substance offenses are divided into Penalty Groups in Chapter 481 of the Texas Health and Safety Code.

You can be prosecuted for possession of ANY DETECTABLE AMOUNT of controlled substances. In some Counties charges are filed 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. **


Penalty Group 1: Methamphetamine, cocaine, heroin; also strong prescription painkillers morphine, hydromorphone (dilaudid), oxycontin (oxycodone – also known as oxy or roxy), and fentanyl.

“PCS PG1” on court paperwork

  • Less than one gram: State Jail Felony.
  • 1 to 4 grams: 3rd Degree Felony.
  • 4 to 200 grams: 2nd Degree Felony.
  • 200 to 400 grams: 1st Degree Felony.
  • More than 400 grams: 5 to 99 years, or life in prison, and a fine not to exceed $100,000.

Penalty Group 1-A Lysergic acid diethylamide (LSD).  

“PCS PG1-A” on court paperwork

  • Fewer than 20 abuse units (“hits”): State Jail Felony.
  • 20 to 80 abuse units (“hits”): 3rd Degree Felony.
  • 80 to 4000 abuse units (“hits”): 2nd Degree Felony.
  • 4000 to 8000 abuse units (aka”hits”): 1st Degree Felony.
  • Over 8000 abuse units (aka”hits”): 15 to 99 years, or life in prison, and a fine not to exceed $250,000.

Penalty Group 2 Hallucinogenics Ecstasy (3, 4-methylenedioxy-N-methyl amphetamine, MDMA), DMT, psilolcybin (mushrooms), mephedrone (bath salts); but also concentrated THC (Tetrahydrocannabinol) extracts hash oil (aka wax/shatter/honey oil/dabs).

“PCS PG2” on court paperwork

  • Less than one gram: State jail felony.
  • 1 to 4 grams: 3rd Degree Felony.
  • 4 to 400 grams: 2nd Degree Felony.
  • More than 400 grams: 1st Degree Felony.
  • AS OF 9/1/2015 Any PG2 substance FDA Approved as a medication is a Class B Misdemeanor, and is not punished like other PG2 substances (Ie. Adderall & Vyvanse) Houston Chronicle newspaper article regarding the law change where Attorney Tristan LeGrande is quoted – HERE – 

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

PCS PG2-A” on court paperwork

  • Two Ounces or Less: Class B Misdemeanor.
  • Four ounces or less but more than two ounces: Class A Misdemeanor.
  • Five pounds or less but more than four ounces: State Jail Felony.
  • 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
  • 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.
  • More than 2,000 pounds: 1st degree felony.

Penalty Group 3 – prescription painkillers, sedatives and anti-anxiety medications, such as:

  • Benzodiazepine drugs [Xanax (alprazolam), Klonopin (clonazepam), valium (diazepam), ativan (lorazepam), tamazepam];
  • Barbiturates (methylphenobarbital);
  • Sleeping aide drugs Ambien (zolpidem) or Lunesta (eszopiclone);
  • Painkiller drugs, like Vicodin / Norco / Lortab (hydrocodone), or Darvocet (dextropropoxyphene);
  • Steroid Drugs such as testosterone, Nandrolone, Equipose (boldenone), Stanozolol, “Andro” (Androstenedione).
  • Milder prescription stimulant drugs such as Ritalin (Methylphenidate).

“PCS PG3” on court paperwork

  • Less than 28 grams: Class A Misdemeanor.
  • 28 to 200 grams: 3rd Degree Felony.
  • 200 to 400 grams: 2nd Degree Felony.
  • More than 400 grams: 1st Degree Felony.

Penalty Group 4 Opiate (codeine) prescription solutions. (“syrup,” “purple,” or “lean,” “drank”).

“PCS PG4” on court paperwork

  • Less than 28 grams: Class A Misdemeanor.
  • 28 to 200 grams: 3rd Degree Felony.
  • 200 to 400 grams: 2nd Degree Felony.
  • More than 400 grams: 1st Degree Felony.

** It is important to remember that the amount of the 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.

REMEMBERJust because you are accused of possession of marijuana or possession of a controlled substance does not mean you do not have 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

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 charge.

LeGrande Law - Logo - Drug Crimes Attorney in HoustonIt 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 the court of law.  Attorney Tristan LeGrande of LeGrande Law has experience handling all types of drug possession cases – call today to discuss your case!

Drug Crimes | Houston Criminal Defense Attorney

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