State and federal prosecutors pursue drug charges relentlessly, so much so that it can start feeling like you are guilty before even having your day in court. Stop their advances and legal strategies and start putting power back on your side of the fight with a legal champion at Walter J. Pink & Associates, PC.
Our Houston criminal defense lawyers have more than five decades of experience across three generations. Let us put our family’s power, knowledge, and resources behind your drug charges defense. Call us at (713) 664-6651 for a free consultation to learn more about your rights, obligations, and potential defenses.
Why Hire Walter J. Pink & Associates, PC?
Facing drug charges can have serious consequences, making it essential to have a skilled legal team on your side. Walter J. Pink & Associates, PC is ready to defend you.
Our Houston drug crime defense attorneys are recognized for:
- Experience—With over five decades of experience across three generations, our firm has a proven history of successfully defending clients against a wide range of drug-related charges.
- Reputation—We have earned a strong reputation for our success in the courtroom, supported by numerous positive client testimonials.
- Tenacity—Our legal team is unwavering in protecting your rights, both in and out of court, ensuring that the criminal justice system upholds your legal protections at every step.
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Prohibition was repealed in 1933, but the war on mind-altering substances was reinvigorated in 1971, which is when the famously coined term “War on Drugs” by then-President Richard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. A lower categorization number indicates more serious dependence and risk of abuse, while a higher categorization suggests the opposite.
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:
- 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.
- Schedule II Penalty Group 2–Chemical Synthesis, Stimulants, and Strong hallucinogenics. Ecstasy, PCP, MDMA, Psilocybin, mushrooms, among others.
- Schedule III Penalty Group 3–Valium, Xanax, Lysergic, anabolic steroids, Benzphatmine,
- Schedule IV Penalty Group 4–Barbital, Oxazolam, and marijuana derivatives
Houston, Texas Controlled Substance Possession
Possession means having the actual care, custody, management, and 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 for 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, optical, position, or geometric isomer…
- (ii) coca leaves and salt, compound, derivative, or preparation of coca leaves…
Cocaine is a controlled substance in Category 1, and the Penalties for Substance 1 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 offense pertains to controlled substances’ production, preparation, and distribution. Often, 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 past the quantity in question. If you have been wrongfully charged with marijuana delivery, contact one of our Houston marijuana defense attorneys today.
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, optical, position, or geometric isomer…
- (ii) coca leaves and salt, compound, derivative, or preparation of coca leaves…
Cocaine is a controlled substance in Category 1, and the Penalties for delivery of Substance 1 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 act involves obtaining controlled substances through deceptive means, such as forging prescriptions or doctor shopping.
You Deserve to Know Your Options
From federal trafficking charges to simple possession, Walter J. Pink & Associates, PC, will mount a tough, sensible defense on your behalf. If you have a federal charge against you, our expert Houston federal crime defense lawyer will guide you through legal steps to get the justice you deserve.
We invite you to have a no-cost, no-obligation discussion with one of our Texas drug lawyers in Houston and learn more about your legal rights and options and how we would help you.
Call Walter J. Pink & Associates, PC, at (713) 664-6651 for a free consultation today.
Factors Influencing Houston Drug Charges
Texas criminal law and the prosecution of matters thereof allow for nuance. You will often hear or read Texas drug attorneys in Houston repeating the adage, “Every case is unique,” it is an accurate statement, which is good news for you.
Judges consider several factors when overseeing matters; a single misstep on the prosecutor’s part could mean a victory for your freedom and rights.
Several factors can influence the severity of drug charges in Texas, including:
- Type of Drug: Controlled substances are categorized into different penalty groups in Texas, with each group having its own set of penalties.
- Amount: Larger quantities typically result in more severe charges.
- Location of Offense: Crimes committed near protected areas, such as schools or day-care centers, can lead to enhanced penalties.
- Prior Convictions: Individuals with previous drug convictions may face stiffer penalties.
With these elements, it is possible to face more severe conviction penalties. However, prosecutors do not always build their cases on perfect facts. That is why you should hire a Texas drug attorney in Houston to represent your case from the outset. Walter J. Pink & Associates, PC, will ensure that prosecutors do not get to run the proceedings without hearing an assertive counter.
Potential Consequences of Houston Drug Convictions
Texas courts punish drug charges severely. From prison time to fines, the classification and grading of your conviction will determine the general provisions for sentencing. However, you can only face a sentence if you are convicted; otherwise, you should be free to walk away from the courtroom with a bright future in hand.
The repercussions of a drug conviction in Texas can be severe:
- Fines: Depending on the offense, fines can range from a few hundred dollars to tens of thousands.
- Incarceration: Jail or prison sentences can vary from a few days to life, depending on the severity of the offense.
- Probation: This may involve regular check-ins, drug testing, and mandatory rehabilitation programs.
- Asset Forfeiture: The state may seize assets believed to be connected to drug-related activities.
- Criminal Record: A conviction can lead to a permanent criminal record, affecting future opportunities and rights.
Even if prosecutors have too much evidence against you and can secure a conviction, Walter J. Pink & Associates, PC, will continue to fight for you. We will push for reduced, alternative, and other favorable sentences by highlighting every action you have taken over your life to warrant it.
Our legal team will ensure that you do not pay for an unfair or unjust sentence.
Ready to Find Out How to Defend Your Drug Charges?
We know this moment is very stressful for you and your family; however, you might feel a greater sense of direction, certainty, and control with more answers about your legal options. Start getting answers as soon as possible during a free consultation with the Texas drug attorneys in Houston at Walter J. Pink & Associates, PC, by calling (713) 664-6651 or privately messaging us.