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LEGRANDE LAW WE WIN DRUG CASES 

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DRUG CRIMES IN TEXAS

Possession Charges

Possession of marijuana – possession of a controlled substance (PCS) – ANY DRUG OFFENSE IS SERIOUS.

In drug crime cases the State needing to prove possession, or intent to manufacture or deliver an illegal or prohibited substance. Possession means “intentionally and knowingly,” having “actual care, custody, control, or management” of the substance.

To win drug possession cases requires a knowledge, experience, and tenacity, to uncover defenses and suppression issues (due to the stop, search, or arrest being unconstitutional). 

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

LeGrande Law utilizes a variety of defense 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.   


LOCKED UP?

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What make drug possession a Felony?

Possession of over 4 ounces of marijuana, possession of “controlled substances,” or, an allegation of sale, manufacture, or delivery of any controlled substance.  

Successfully defending drug possession cases requires an attorney to scrutinize the stop or search that led to the criminal charges.  Attorney Tristan LeGrande has experience negotiating favorable disposition for clients, and will FIGHT & WIN YOUR CASE at trial.  DO NOT TAKE A DEAL until your free consultation!  


RESULTS MATTER!

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281-684-3500


MARIJUANA

  • 2 ounces or less: Class B Misdemeanor.*
  • 4 ounces or less but more than 2 ounces: Class A misdemeanor.*
  • 5 pounds or less but more than 4 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, and a fine up to $50,000.

Harris County Misdemeanor Marijuana Diversion Program: under 4 ounces of marijuana – complete a 4-hour class instead of going to jail ($150). If you do not complete the class, charges will be filed.

** CLICK HERE FOR MORE INFO **

Some Harris County municipalities refuse to follow the Marijuana Diversion Program, and are instead charge those arrested with marijuana with possession of drug Paraphernalia.   

**ATTORNEY TRISTAN LEGRANDE QUOTED IN HOUSTON CHRONICLE REGARDING LAW MMDP POLICY**  


CONTROLLED SUBSTANCES

In Texas, punishment for controlled substance offenses are divided into Penalty Groups.  Prosecution is possible for ANY DETECTABLE AMOUNT. The amount of a controlled substance or marijuana someone is charged with is  measured by aggregate weight including adulterants or dilutants.

Possession of a prescription medication is illegal unless the medication is acquired with a prescription.  (Full text of TX Health & Safety Code).

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


PUNISHMENTS

Class B Misdemeanor = up to 6 months county jail, and a fine up to $2,000.

Class A Misdemeanor = up to 1 year county jail, and a fine up to $4,000.

State Jail Felony = 6 months to 2 years in a State Jail Facility, and a fine not to exceed $10,000.

3rd Degree Felony = 2 to 10 years in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.

2nd Degree Felony = 2 to 20 years in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.

1st Degree Felony = 5 to 99 years, or life in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.


PENALTY GROUP 1
 

Cocaine, Methamphetamine, Heroin, Some Rx-only medications*

“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: 10 to 99 years, or life, and a fine not to exceed $50,000.

* Some prescription medications with high potential for abuse are contained in Penalty group 1, such as amphetamine and oxycodone based medications, see Section 481 of the Texas Health and safety code for a full list.


PENALTY GROUP 1-A

Lysergic acid diethylamide (LSD)

(Acid)*  

“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, and a fine not to exceed $50,000.

PENALTY GROUP 2
 

3, 4 Methylenedioxymethamphetamine [MDMA, Ecstacy, Molly]

Tetrahydrocannabinol [THC, wax, dabs, THC-carts]*

“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: 5 to 99 yrs or life, and a fine not to exceed $50,000.

DID YOU KNOW?  Possession of amphetamine cases for from 9/1/15 – 9/1/17 were a misdemeanor?

  • If FDA Approved as medication, it was a Class B Misdemeanor. (Ie. Adderall & Vyvanse).  AFTER 9/1/17 it is a FELONY AGAIN.

Article regarding the unusual and accidental law change; Attorney Tristan LeGrande is quoted in the Houston Chronicle HERE


PENALTY GROUP 2-A

Synthetic cannabinoids (AKA “k2,” Kush, incense)*

PCS PG2-A” on court paperwork

  • 2 ounces or less: Class B Misdemeanor.
  • 4 ounces or less but more than 2 ounces: Class A Misdemeanor.
  • 5 pounds or less but more than 4 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

BenzodiazepinesXanax, etc.

Sleeping aidesAmbien, etc.

Narcotic Painkillers; hydrocodone, etc.

SteroidsNandrolone, Equipose, etc. 

StimulantsRitalin (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.

* For a full list of medications in this penalty group, see: Section 481 of the Texas Health and safety code for a full list.


PENALTY GROUP 4

Codeine solutions (“syrup,” / “lean”)*

“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.

*Only the most common controlled substances are listed. For a FULL list of the controlled substances in each penalty group, refer to Section 481 of the Texas Health and Safety Code, HERE.

REMEMBER -If accused of a drug crime you still have options; at LeGrande Law we implement the full array of defense tactics to tenaciously defend our clients.  Our goal is a dismissal, evidence suppression, or not guilty at trial.

 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 possession of marijuana or a felony controlled substance delivery charge, we will zealously defend your case.

WE FIGHT DRUG CASES & WIN!

CLIENT REVIEWS OF LEGRANDE LAW

**HERE**

LeGrande Law | Top 40 under 40 in Criminal Defense | AVVO 10.0 | Martindale-Nolo | Lawyers.com | Justia

http://www.houstondrugattorney.net