Conroe Drug Possession Attorney

Committed to Protecting Your Future

If you have been arrested and charged with drug possession in Texas, the consequences can be severe. Convictions for drug crimes can result in jail or prison time, fines, probation, and a criminal record that can affect you for the rest of your life. You need a skilled and experienced criminal defense attorney to help you fight the charges and protect your rights.

At the Law Office of Jeremy S. Dishongh, we know what you are up against. We know how the prosecution works, and we know how to fight for you. Our Conroe drug possession lawyer has the experience and resources to handle even the most challenging cases. We are prepared to aggressively advocate for you from day one and to work tirelessly to get the charges against you reduced or dismissed.

For a confidential review of your case, call our office today at (936) 233-6548 or online.

What Is Drug Possession in Texas?

In Texas, drug possession is defined as the act of having drugs on your person or in your control. The drugs can be in your pocket, in your purse, in your car, in your home, or anywhere else that you have access to or control over.

Texas drug possession laws are complex, and the consequences of a conviction depend on several factors, including the type of drug involved, the amount of the drug involved, and the specific circumstances of the case.

The following are the six different types of controlled substances under Texas law:

• Potentially dangerous drugs
• Prescription drugs
• Over-the-counter drugs
• Chemical precursor substances
• Controlled substances in Penalty Group 1
• Controlled substances in Penalty Groups 1A, 2, 3, and 4

Penalty Groups 1, 1A, 2, 3, and 4 include the following types of drugs:

• Stimulants
• Depressants
• Hallucinogens
• Salvia divinorum
• Various chemical compounds
• Other prescription medications

Penalty Group 1 drugs include the following (and more):

• Cocaine
• Heroin
• Methamphetamine
• Oxycodone
• Roxicodone
• Hydrocodone
• Codeine
• Lysergic acid diethylamide (LSD)
• Gamma hydroxybutyric acid (GHB)
• 2,5-Dimethoxy-4-ethylamphetamine (DOET)
• 3,4-Methylenedioxyamphetamine (MDA)
• 3,4-Methylenedioxymethamphetamine (MDMA)
• 3-Hydroxy-3-methyl-gamma-butyrolactone
• 3,4-Methylenedioxy-N-ethylamphetamine (MDEA)
• N-Benzylpiperazine (BZP)
• 4-Methyl-2,5-dimethoxyamphetamine (DOM)
• 4-Bromo-2,5-dimethoxyamphetamine (DOB)
• 3,4,5-Trimethoxy amphetamine (TMA)
• 4-Bromo-2,5-dimethoxyphenethylamine (2C-B)
• Lysergic acid diethylamide (LSD)
• Mescaline (Peyote)
• Psilocybin (Mushrooms)

Penalty Group 1A drugs include the following (and more):

• LSD
• MDMA
• MDA

Penalty Group 2 drugs include the following (and more):

• Mescaline
• PCP
• Ecstasy

Penalty Group 3 drugs include the following (and more):

• Valium
• Ritalin
• Xanax
• Hydrocodone
• Codeine

Penalty Group 4 drugs include the following (and more):

• Compounds with narcotics
• Prescription cough medicine

All of these drugs are illegal to possess in Texas, except when they are possessed and used in accordance with a valid prescription. A prescription is a written order from a healthcare provider authorizing a patient to be in possession of a specific controlled substance for a specific medical purpose.

Is Drug Possession a Felony in Texas?

The penalties for drug possession in Texas depend on the type of drug involved and the amount of the drug involved. In general, the penalties are more severe for possession of certain drugs when compared to others.

The following is an overview of the different types of drug possession charges in Texas, as well as the penalties for each:

Penalty Group 1

Penalty Group 1 includes the most dangerous and addictive drugs, such as heroin, cocaine, methamphetamine, and ketamine. Possession of these drugs is a state jail felony, which is punishable by 180 days to 2 years in state jail and a fine of up to $10,000. However, if you are found to be in possession of less than one gram of these drugs, you can be charged with a state jail felony, which carries a sentence of 180 days to 2 years in state jail and a fine of up to $10,000.

Penalty Group 1A

Penalty Group 1A includes LSD, which is a hallucinogenic drug. Possession of LSD is a state jail felony, which is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

Penalty Group 2

Penalty Group 2 includes hallucinogenic drugs, such as mescaline and ecstasy. Possession of these drugs is a state jail felony, which is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

Penalty Group 3

Penalty Group 3 includes prescription drugs, such as Valium and Xanax. Possession of these drugs is a Class A misdemeanor, which is punishable by up to 1 year in county jail and a fine of up to $4,000. However, if you are found to be in possession of less than 28 grams of these drugs, you can be charged with a Class A misdemeanor, which carries a sentence of up to 1 year in county jail and a fine of up to $4,000.

Penalty Group 4

Penalty Group 4 includes prescription drugs that have a low risk of addiction and abuse, such as cough medicine with codeine. Possession of these drugs is a Class B misdemeanor, which is punishable by up to 180 days in county jail and a fine of up to $2,000. However, if you are found to be in possession of less than 28 grams of these drugs, you can be charged with a Class A misdemeanor, which carries a sentence of up to 1 year in county jail and a fine of up to $4,000.

Possession of Drug Paraphernalia

In addition to possession of controlled substances, it is also illegal to possess drug paraphernalia in Texas. Drug paraphernalia includes items that are used to manufacture, cultivate, package, store, or consume drugs. Possession of drug paraphernalia is a Class C misdemeanor, which is punishable by a fine of up to $500.

Defenses to Drug Possession Charges

If you have been charged with drug possession, you have the right to defend yourself against the charges. There are several defenses that may be available, depending on the specific circumstances of your case.

The following are some of the most common defenses to drug possession charges:

• Illegal search and seizure
• Unlawful traffic stop
• Unlawful arrest
• Constructive possession
• Temporary possession
• Entrapment
• Mistaken identity
• Valid prescription

The police are required to have a valid reason to pull you over or to stop you on the street, such as a broken tail light or a traffic violation. If the police stop you without a valid reason, anything they find on you or in your vehicle after the stop may be inadmissible in court.

The police are also required to have a warrant to search your home or your vehicle, with some exceptions. If the police search your home or your vehicle without a warrant and without an exception, anything they find may be inadmissible in court.

If the police find drugs on you or in your vehicle, they may arrest you. However, they must have a valid reason to arrest you. If the police arrest you without a valid reason, anything they find on you or in your vehicle after the arrest may be inadmissible in court.

Why Choose the Law Office of Jeremy S. Dishongh?

When you are facing drug possession charges, you need a skilled and experienced criminal defense attorney on your side. You need someone who will fight for you and who will protect your rights. At the Law Office of Jeremy S. Dishongh, we are committed to helping you achieve the best possible outcome in your case. We will work tirelessly to get the charges against you reduced or dismissed, and we will be there to answer your questions and address your concerns from start to finish.

When you choose our firm, you can expect the following:

• Compassionate legal guidance
• Personalized legal solutions
• Aggressive representation
• Open and honest communication
• A track record of success

We know what you are up against, and we know how to help. We will fight for you in and out of the courtroom, and we will be there to support you every step of the way.

Call for a Confidential Consultation

If you or someone you love has been arrested and charged with drug possession in Texas, the time to act is now. You need to contact an experienced criminal defense attorney right away. The sooner you call, the sooner we can start fighting for you.

At the Law Office of Jeremy S. Dishongh, we are committed to providing you with the aggressive and effective representation you deserve. We will review the evidence against you, answer your questions, explain your rights, and help you make informed decisions. We will be there to protect your rights and to fight for you from start to finish.

For a confidential consultation with our drug possession lawyer in Conroe, call our office today at (936) 233-6548 or online.