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The drug laws in Texas are very strict. The state shares a border with Mexico, and there is strong interest in ensuring drug trafficking and production doesn’t occur in cities like Houston. The execution and prosecution of Texas’s drug laws are equally forceful, with Houston law enforcement making the detection of drug possession and other charges a huge priority.

The statute criminalizing the possession of controlled substances, including narcotics, illegal prescription pills, opioids, and others aren’t found in the Texas Penal Code, as are most criminal offenses defended by Greco Neyland. Rather, Houston’s ability to prosecute drug charges comes from Section 481 of the Texas Health and Safety Code. This set of state laws is called the Texas Controlled Substances Act.

Learn more about our Houston possession lawyer >>>

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Top Houston Possession Of A Controlled Substance Lawyer

Manufacture, delivery, and trafficking are all serious offenses in the Texas Controlled Substances Act, as applied in Houston and Harris County. Sometimes, compared to these other felony charges, possession of a controlled substance is viewed as a lesser offense, similar to DWI or shoplifting.

Yet, all of these criminal charges, including possession in Houston, are serious and require specific legal knowledge of a Houston criminal lawyer to build a defense. In Houston, possession of a controlled substance is defined as:

  1. Knowingly or intentionally;
  1. Possessing a controlled substance;
  1. That is listed on a controlled substance Penalty Group for Texas.

The only exception to the possession of a controlled substance is when it is obtained from a licensed and legal source, such as a pharmacist or physician.

A possession of a controlled substance lawyer in Houston doesn’t just defend cases involving drugs on your person or body, but any time the controlled substance is under your control or authority. This can include:

  • Controlled substances in your home;
  • When controlled substances are found in your vehicle or boat;
  • Having controlled substances in a bag, purse, or backpack; and
  • Keeping controlled substances elsewhere on your property or person.

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What Are the Repercussions of a Possession Conviction?

Your defense to possession charges in Houston must similarly be a priority and require a Houston drug defense law firm. The execution and prosecution of Texas’s drug laws are equally forceful, with charges of possession in Houston carrying heavy penalties. The severity of both the charges against you and possible repercussions are primarily based on two factors:

  • What Penalty Group the controlled substances fall are in, according to Texas law; and
  • How much of the controlled substance is found in your possession?

In Houston and more broadly in Harris County, every illegal controlled substance is categorized based upon the likelihood that drug will cause addiction and its negative impact on society. These categories are called Penalty Groups in Texas. The most serious and harmful drugs fall into Penalty Group 1, while less serious controlled substances are categorized as Penalty Group 3 or 4.

Possession of a controlled substance in Penalty Group 1 is always a felony offense. Depending on the amount in your possession, Penalty Group 1 offenses are charged as:

  • A state jail felony for possession of one gram or less;
  • A third-degree felony for possession of one to four grams;
  • A second-degree felony for possession of four to 200 grams;
  • The first-degree felony for possession of 200 grams to 400 grams; and
  • A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 2 is always a felony offense. Depending the amount in your possession, Penalty Group 2 offenses are charged as:

  • A state jail felony for possession of one gram or less;
  • A third-degree felony for possession of one to four grams;
  • A second-degree felony for possession of four to 400 grams; and
  • A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 3 can be either a misdemeanor or felony offense. Depending the amount in your possession, Penalty Group 3 offenses are charged as:

  • A class A misdemeanor for possession of fewer than 28 grams;
  • A third-degree felony for possession of 28 to 200 grams;
  • A second-degree felony for possession of 200 to 400 grams; and
  • A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 4 is either a misdemeanor or felony offense. Depending the amount in your possession, Penalty Group 4 offenses are charged as:

  • A class B misdemeanor for possession of fewer than 28 grams;
  • A third-degree felony for possession of 28 to 200 grams;
  • A second-degree felony for possession of 200 to 400 grams; and
  • A sentence of 99 years in prison for the possession of 400 grams or more.

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Hire a Private Defense Lawyer for Possession Charges

Your defense to any drug charges in Houston begins with contacting a qualified and knowledgeable Houston lawyer. You can’t always count on the public defender assigned by the court to be the best person to take your case, in fact rarely is this true. Public defenders have overbooked dockets and full caseloads that demand their attention in every direction.

Your experience with a Houston or Harris County lawyer at Greco Neyland is certain to be very different. We always give your Houston possession case the time and attention required. We will be there to answer your questions, take your phone calls, and keep you updated on the case. All actions certain to provide make us a better Houston possession of a controlled substance lawyer for your defense.

Contact our controlled substance possession lawyers in Houston >

AWARDS & RECOGNITION
TESTIMONIALS

Rated 5/5 based on 52 customer reviews

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Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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