If you’ve been arrested for a drug offense such as possession of marijuana, possession of a controlled substance, possession of a controlled substance with intent to deliver, or manufacture/delivery of a controlled substance, you need defense.

A conviction for a possession charge can alter your entire life for many years to come. 

At Shane Phelps Law., our College Station criminal defense attorneys is led by Shane Phelps, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization 1992-present. 

Our team is backed by decades of experience litigating all types of criminal charges, including drug offenses.

Have you been charged with drug possession? Call Shane Phelps Law today at 979-596-6843 or contact us online to request a free consultation with our drug possession attorney in Bryan & College Station.

Drug Possession Cases We Handle

Our drug possession attorney handles cases involving:

• Possession of marijuana
• Possession of a controlled substance
• Possession of a controlled substance with intent to deliver
• Delivery of a controlled substance
• Possession of dangerous drugs
• Prescription drug fraud
• Possession of drug paraphernalia
• Federal drug offense

Penalties for Drug Possession in Texas

Controlled substances in Texas are divided into six categories known as penalty groups, each with their own sets of penalties:

• Penalty Group 1: This group includes opioids like codeine, hydrocodone, and oxycodone. Possession of a small amount of these drugs can lead to between 180 days and two years in jail, as well as fines of up to $10,000. For larger amounts, you could be facing 15 and 99 years plus fines up to $100,000.
• Penalty Group 1-A: This group includes LSD and any derivatives of LSD. Possession of a small amount of these drugs can lead to between 180 days and two years in jail, as well as fines of up to $10,000. For larger amounts, you could be facing 15 and 99 years plus fines up to $100,000.
• Penalty Group 2: This group includes hallucinogenic drugs like Ecstasy, PCP, and peyote. Possession of a small amount of these drugs can lead to between 180 days and two years in jail, as well as fines of up to $10,000. For larger amounts, you could be facing 15 and 99 years plus fines up to $50,000.
• Penalty Group 2-A: This group includes artificial chemical compounds that mimic cannabinoids. Possession of a small amount of these drugs can lead to up to a year in jail. For larger amounts, you could be facing 2 and 20 years plus fines up to $10,000.
• Penalty Group 3: This group includes benzodiazepines, anabolic steroids, methylphenidate, and other prescription drugs. Possession of a small amount of these drugs can lead up to a year in jail, as well as fines of up to $4,000. For larger amounts, you could be facing up to 99 years in jail.
• Penalty Group 4: This group includes prescription drugs that have a high potential for abuse. Possession of a small amount of these drugs can lead to 180 days in jail, as well as fines of up to $2,000. For larger amounts, you could be facing 5 and 99 years plus fines up to $50,000.

Penalties for Drug Possession with Intent to distribute: Group Classifications

Based on §481.112 of the Texas Controlled Substances Act, a suspect person the offense of possession with intent to distribute if the person knowingly manufactures, delivers or possesses with intent to deliver a controlled substance. What determines the offense level are the kind of drug and amount distributed.

The penalty group classifications are the following:

• Penalty Group 1 – Cocaine, Heroin, Ketamine, Oxycodone, Hydrocodone, and Methamphetamine
• Penalty Group 1a – LSD
• Penalty Group 2 – Ecstasy, PCP, Marinol, Mescaline
• Penalty Group 3 – Ritalin, Hydrocodone (less than 300 mg.), Valium, Xanex
• Penalty Group 4 – Morphine, Motofen, Buprenorphine, and Pyrovalerone

No matter what kind of drug it is, if you are arrested with 400 grams or more, you may be charged with a life term in prison and/or fines of up to $100,000.

Although for Penalty Group 1, you may be sentenced to a life term if you are found with less than 400 grams, but more than 200 grams.

Less than a gram of a Penalty Group 1 substance is still considered a felony, which comes with a minimum two-year prison sentence and/or fines up to $10,000. If found with less than 28 grams of a Penalty Group 3 or 4 substance, it is considered a felony as well.

Frequently Asked Questions: Bryan, TX Drug Possession Lawyer

What types of drug crimes do you handle?

We handle a wide range of drug offenses, including possession of controlled substances, marijuana possession, possession of prescription drugs without a valid prescription, and possession with intent to distribute. Our expertise covers cases involving all penalty groups under Texas law.

What are the potential penalties for drug possession in Texas?

Penalties vary based on the type and amount of drug involved. They can range from a Class B misdemeanor (up to 180 days in jail and a $2,000 fine) to a first-degree felony (up to life in prison and a $250,000 fine). Factors like prior convictions and proximity to schools can increase penalties.

How can a drug possession lawyer help me?

An experienced defense attorney can:

• Analyze the evidence and identify weaknesses in the prosecution’s case
• Ensure your constitutional rights were not violated during the arrest or search
• Negotiate for reduced charges or alternative sentencing options
• Represent you in court and build a strong defense strategy

What should I do if I’m arrested for drug possession?

• Remain silent and exercise your right to an attorney
• Do not consent to searches without a warrant
• Contact an experienced drug possession lawyer as soon as possible
• Do not discuss your case with anyone except your attorney

Are there any defenses to drug possession charges?

Yes, possible defenses include:

• Lack of probable cause for the initial stop or search
• Illegal search and seizure
• Chain of custody issues with evidence
• Lack of knowledge or intent to possess
• Entrapment
• Valid prescription for the substance

What’s the difference between possession and possession with intent to distribute?

Simple possession typically involves smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell or distribute the drugs. Penalties for intent to distribute are generally more severe.

Can drug charges affect my professional license or employment?

Yes, drug convictions can have serious consequences for professional licenses, employment opportunities, housing, and education. Our firm works to minimize these collateral consequences.

Do you offer free consultations?

Yes, we offer free initial consultations to discuss your case and explain how we can help. Contact our Bryan office to schedule your consultation today.

What areas do you serve?

We primarily serve Bryan and College Station, as well as the broader Brazos County area.

How do I get started with your firm?

Call our office today to schedule a free consultation. We’ll review your case, explain your options, and start building your defense strategy right away.

What is the difference between state and federal drug charges?

State drug charges are prosecuted under Texas law and typically involve smaller quantities or local distribution. Federal drug charges often involve larger quantities, crossing state lines, or are part of a larger criminal enterprise. Federal charges generally carry harsher penalties and are prosecuted in federal court. Our firm has experience defending against both state and federal drug charges.

Can a drug possession charge be expunged from my record?

In some cases, yes. Texas law allows for expungement (complete removal) or non-disclosure (sealing) of certain drug possession records, particularly for first-time offenders or those who complete diversion programs. Eligibility depends on factors like the type and amount of drug, your criminal history, and the outcome of your case. We can assess your situation and guide you through the process if you’re eligible.

How does Texas law treat possession of THC oil or edibles?

Possession of THC oil, edibles, or other cannabis concentrates is treated more severely than marijuana flower in Texas. Under state law, these substances are classified in Penalty Group 2, alongside drugs like ecstasy and PCP. Even small amounts can result in felony charges.

For instance, possession of less than one gram of THC oil is a state jail felony, punishable by 180 days to 2 years in state jail and up to a $10,000 fine. Our firm stays updated on the evolving cannabis laws and can provide a strong defense for these charges.

Contact Our Drug Possession Attorney Today

There are numerous potential legal issues involved in the investigation and prosecution of drug offenses. Was there sufficient legal reason to stop you (reasonable suspicion or probable cause)? If you gave consent, was your consent voluntary?

If a police officer uses a search warrant against you, was it legally faulty? Was your car searched legally? The answer to these and other important questions comes with years of experience in these cases.

Our drug possession lawyers have been part of thousands of drug cases in our legal careers. During his time as a prosecutor, law enforcement officers sought our founder out for advice on when and how to search, how to write search warrants, and when it was appropriate to make an arrest.

Contact Shane Phelps Law today to get started on your defense with our Bryan & College Station drug possession lawyer.