Drug Charge Defense

Texas Drug Attorneys in Houston

Criminal Defense Lawyer 77056

The State of Texas has many stringent and difficult-to-understand drug laws, and those found in violation can face severe consequences. Not only are drugs categorized into different categories but the amount of drugs and even the location of the drugs can affect your punishment. At Walter J. Pink & Associates, our team of Great Houston Drug and Controlled Substance Attorneys can defend you and help you understand these laws. 

Brief History

The United States government had a tumultuous relationship with drugs and alcohol starting with the prohibition movement in 1919, which made even alcohol illegal on the Constitutional level. Prohibition was repealed in 1933 but the war on mind-altering substances was reinvigorated in 1971 which is when the famously coined term “War on Drugs” by then-President Richard Nixon, began. The war on drugs has not stopped and has developed over time into the sets of laws and policies we have today.  In the State of Texas, our war on drugs began with the passing of the Controlled Substances Act of 1973 and has not stopped since its creation. 

Types of Drug Offenses in Houston, Texas

Texas categorizes drug offenses based on the nature of the crime and the type and amount of the controlled substance involved. 

Groups/Schedules of Controlled Substances can be found in Chapter 481 of The Texas Controlled Substances Act, Health and Safety Code and they break down into the following groups:

  1. Schedule I Penalty Group 1–Certain Opiates, opium derivatives, high-level depressants, and Drugs with a high risk of abuse. These include but are not limited to Benzethidine, LSD, Heroin, Crack, Methamphetamine, and Cocaine, among others.
  2. Schedule II Penalty Group 2–Chemical Synthesis, Stimulants, and Strong hallucinogenics. Ecstasy, PCP, MDMA, Psilocybin, mushrooms, among others.
  3. Schedule III Penalty Group 3–Valium, Xanax, Lysergic, anabolic steroids, Benzphatmine,
  4. Schedule IV Penalty Group 4–Barbital, Oxazolam, and marijuana derivatives

Houston, Texas Controlled Substance Possession

Possession means that you have the actual care, custody, management, and/or control. Texas Controlled Substance Act Section 481.002 (38)

Houston, Texas Marijuana Possession

The definition can be found in the Texas Controlled Substances Act Section 481.002 (26) and states in part:

  • (26) Marijuana means the plant Cannabis sativa L., whether growing or not.

Despite the adoption of marijuana/marihuana as legal in many states, it is still illegal in the State of Texas. The penalties for this substance are based on the quantity in question.

The Penalties of possessions can be found in the Texas Controlled Substances Act Section 481.121 if the person knowingly or intentionally possesses a useable quantity of marihuana:

  • Class B misdemeanor, 2 ounces (oz) or less
  • Class A misdemeanor, 2 ounces (oz) – 4 ounces (oz)
  • State Jail Felony, 4 ounces (oz) – 5 pounds (lbs)
  • Third (3rd) degree Felony, 5 pounds (lbs) – 50 pounds (lbs)
  • Second (2nd) degree Felony, 50 pounds (lbs) – 2000 pounds (lbs)
  • 5 to 99 years in the Texas Department of Criminal Justice and up to a $50,000 fine, 2,000+ pounds (lbs)

Houston, Texas Cocaine Possession

Cocaine is considered a Narcotic Drug and the definition can be found in the Texas Controlled Substances Act Section 481.002 (29)(D) and states in part:

  • (D) Cocaine, including:
    • (i) its salts, its optical, position, or geometric isomer…
    • (ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves…

Cocaine is a controlled substance in Category 1 and the Penalties for Substance 1’s are as follows:

  • State Jail Felony, less than a gram
  • Third (3rd) degree Felony, 1 gram (g) to 4 grams (g)
  • Second (2nd) degree Felony, 4 grams (g) to 200 grams (g)
  • First (1st) degree Felony, 200 grams (g) to 400 grams (g)
  • 10 to 99 years in the Texas Department of Criminal Justice and up to a $10,000 fine, 2,000+ pounds (lbs)

Houston, Texas Manufacturing and Delivery

This pertains to the production, preparation, and distribution of controlled substances. Oftentimes, an individual can be charged with the intent to distribute merely based on whether the amount of drugs you have in your possession is deemed too excessive for personal use.

Houston, Texas Delivery of Marijuana

The definition can be found in the Texas Controlled Substances Act Section 481.002 (26) and states in part:

  • (26) Marijuana means the plant Cannabis sativa L., whether growing or not.

Despite the adoption of marijuana/marihuana as legal in many states, it is still illegal in the State of Texas. The penalties for this substance are passed the quantity in question.

The Penalties of delivery can be found in the Texas Controlled Substances Act Section 481.120 if the person knowingly or intentionally delivers marihuana:

  • Class B misdemeanor, ¼ ounce (oz) or less with no remuneration
  • Class A misdemeanor, ¼ ounce (oz) or less with remuneration
  • State Jail Felony, ¼ ounce (oz) – 5 pounds (lbs)
  • Second (2nd) degree Felony, 5 pounds (lbs) – 50 pounds (lbs)
  • First (1st) degree Felony, 50 pounds (lbs) – 2,000 pounds (lbs)
  • 10 to 99 years in the Texas Department of Criminal Justice and up to a $100,000 fine, more than 2,000+ pounds (lbs)

 Houston, Texas Cocaine Delivery

Cocaine is considered a Narcotic Drug and the definition can be found in the Texas Controlled Substances Act Section 481.002 (29)(D) and states in part:

  • (D) Cocaine, including:
    • (i) its salts, its optical, position, or geometric isomer…
    • (ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves…

Cocaine is a controlled substance in Category 1 and the Penalties for delivery of Substance 1’s are as follows:

  • State Jail Felony, less than a gram
  • Second (2nd) degree Felony, 1 grams (g) to 4 grams (g)
  • 10 to 99 years in the Texas Department of Criminal Justice and up to a $20,000 fine, 4 grams (g) to 200 grams (g)
  • 15 to 99 years in the Texas Department of Criminal Justice and up to a $200,000 fine, 200 grams (g) to 400 grams (g)
  • 20 to 99 years in the Texas Department of Criminal Justice and up to a $500,000 fine, more than 400 grams (g)

Houston, Texas Trafficking and Distribution

These charges involve the large-scale transport and sale of controlled substances, often crossing state or international borders.

Houston, Texas Prescription Fraud

This involves obtaining controlled substances through deceptive means, such as forging prescriptions or doctor shopping.

Factors Influencing Houston Drug Charges

Several factors can influence the severity of drug charges in Texas:

  1. Type of Drug: Controlled substances are categorized into different penalty groups in Texas, with each group having its own set of penalties.
  2. Amount: Larger quantities typically result in more severe charges.
  3. Location of Offense: Crimes committed near protected areas, such as schools or day-care centers, can lead to enhanced penalties.
  4. Prior Convictions: Individuals with previous drug convictions may face stiffer penalties.

Potential Consequences of Houston Drug Convictions

The repercussions of a drug conviction in Texas can be severe:

  1. Fines: Depending on the offense, fines can range from a few hundred dollars to tens of thousands.
  2. Incarceration: Jail or prison sentences can vary from a few days to life, depending on the severity of the offense.
  3. Probation: This may involve regular check-ins, drug testing, and mandatory rehabilitation programs.
  4. Asset Forfeiture: The state may seize assets believed to be connected to drug-related activities.
  5. Criminal Record: A conviction can lead to a permanent criminal record, affecting future opportunities and rights.

In Conclusion

Drug offenses in Texas carry significant legal and personal ramifications. Understanding the charges, potential consequences, and the importance of skilled legal representation is paramount. With the guidance of a dedicated great Houston drug defense attorney, individuals can navigate the complexities of the legal system, ensuring that their rights are protected and that they receive a fair and just trial.

If you or a loved one are accused of any of the crimes listed on this page, or any crime at all, your life can be irrevocably changed, your liberties stripped, and your pursuit of happiness hindered. For these reasons, you and your family can not just trust anyone with such a serious life-altering matter. You can trust our team of Houston drug defense Attorneys to help you anywhere in the State of Texas. We have received dismissals for our clients in Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, and can fight for you anywhere else in this great state of Texas.

Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands! Call us immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, 713-664-6651.

Existing Clients: (713) 664-6651
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