Drug Crimes

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

Drug Possession

Possession of marijuana (POM), possession of a controlled substance (PCS), or possession with intent to manufacture, deliver or sell – any type of drug possession is a serious offense in Texas. To convict someone of possession of drugs requires proof beyond a reasonable doubt, that the accused “intentionally and knowingly,” had “actual care, custody, control, or management” of controlled substance (or marijuana) they are accused of possessing.

To decisively fight controlled substance (or marijuana) possession cases requires a painstaking analysis to determine what defenses exist and determine 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 utilizes the full gambit of legal 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.  

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*
  • 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

 Controlled Substances

Controlled Substances (including some prescription medications) are regulated in Section 481 of the Texas Health and Safety Code.

It is illegal to possess prescription medications in any penalty group unless the substance 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).

The Texas Controlled Substances Act defines drug offenses in Texas. Punishments for controlled substance offenses are divided into Penalty Groups.

You can be prosecuted for possession of ANY DETECTABLE AMOUNT.

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 that follow are Jail or Prison time only, for a list of the possible fines see the Texas Penal Code*


Penalty Group 1: Methamphetamine, cocaine, heroin, 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

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

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 9/1/15 – If FDA Approved as medication, Class B Misdemeanor. (Ie. Adderall & Vyvanse)

Houston Chronicle newspaper article regarding law; 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
  • 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 – 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
  • 28 to 200 grams: 3rd Degree Felony
  • 200 to 400 grams: 2nd Degree Felony
  • More than 400 grams: 1st Degree Felony

Penalty Group 4 Codeine solutions. (“syrup” “purple” or “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

** 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.

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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