Drug Possession

Houston Drug Possession Lawyer

Drug possession charges range in severity from a mild misdemeanor to a serious felony offense. A skilled criminal defense attorney can help get a deal for his client or explore alternatives to jail or prison time.

Potential Punishments for Drug Possession Charges

A person who is found to be in possession of controlled substances can face serious drug possession charges. Texas divides various drugs and controlled substances into different categories. These categories affect the type of potential punishments that a defendant can receive. Some examples of drugs and their associated punishments include:

Group 1 (Cocaine, heroin, methamphetamine, oxycodone and hydrocodone):

  • Less than one gram: 180 days to two years in state jail and/or a fine of up to $10,000
  • One gram or more, but less than four grams: two to 10 years in prison and/or a fine of up to $10,000
  • Four grams or more, but less than 200 grams: two to 20 years in prison and/or a fine of up to $10,000
  • 200 grams or more, but less than 400 grams: five to 99 years in prison and/or a fine of up to $10,000
  • 400 grams or more: 10 to 99 years in prison and a fine of up to $100,000

Group 1A (Lysergic acid diethylamide [LSD]):

  • Less than 20 units: 180 days to two years in a state jail and/or a fine of up to $10,000
  • 20 units or more, but less than 80 units: two to 10 years in prison and/or a fine of up to $10,000
  • 80 units or more, but less than 4,000 units: two to 20 years in prison and/or a fine of up to $10,000
  • 4,000 units or more, but less than 8,000 units: Five to 99 years in prison and/or a fine of up to $10,000
  • 8,000 units or more: 15 to 99 years in prison and/or a fine of up to $250,000

Group 2 (Phencyclidine [PCP], hashish and Ecstasy):

  • Less than one gram: 180 days to two years in state jail and/or a fine of up to $10,000
  • One gram or more, but less than four grams: two to 10 years in prison and/or a fine of up to $10,000
  • Four grams or more, but less than 400 grams: two to 20 years in prison and/or a fine of up to $10,000
  • 400 grams or more: Five to 99 years in prison and a fine of up to $50,000

Group 3 (Diazepam [Valium], alprazolam [Xanax] and methylphenidate [Ritalin]) and Group 4 (ethylmorphine and pyrovalerone):

  • Less than 28 grams: Up to one year in county jail and/or a fine of up to $4,000
  • 28 grams or more, but less than 200 grams: two to 10 years in prison and/or a fine of up to $10,000
  • 200 grams or more, but less than 400 grams: two to 20 years in prison and/or a fine of up to $10,000
  • 400 grams or more: Five to 99 years in prison and/or a fine of up to $50,000

The punishment that a defendant receives is based on the category of drug that he is found in possession of and the total weight of the substance. A judge has the discretion to give less prison time to an individual; this may be the case if a defendant does not have a prior criminal history. Community supervision and mandatory drug rehabilitation programs are alternatives to confinement in some cases.

Contact a Houston Drug Possession Attorney

A skilled drug possession lawyer can use various defensive strategies to provide a pleasing outcome for a client who faces serious drug charges. For example, he can question the constitutionality of a search that yielded drugs. He could also use a client’s lack of a criminal history to secure a lighter sentence. An experienced drug possession attorney like former prosecutor Gary Miller can provide criminal defendants with a strong legal defense.

Get in touch with the Miller Law Group, PLLC today by calling 713-866-6233.