Drug Possession Defense Lawyer in Montgomery County
Drug possession charges in Texas range from misdemeanors to serious felonies depending on the type of substance, the amount, and whether the prosecution alleges intent to deliver. A conviction can result in jail or prison time, fines, and a permanent record that affects employment and housing. The Law Office of Timothy Rose handles drug possession and drug crime defense in Conroe and across Montgomery County.
What to Do If You Are Facing Drug Charges in Montgomery County
Do not make statements to law enforcement without speaking with a defense attorney first. You have the right to remain silent — use it.
Do not consent to searches of your vehicle, home, or personal belongings. Politely state that you do not consent.
Write down everything you remember about how the stop, arrest, or search occurred while it is fresh.
Secure your court paperwork. Know your court date and do not miss it.
Contact a drug possession lawyer as soon as possible. The earlier your attorney is involved, the more options are available.
Drug Charge Levels in Texas: What the Penalties Can Look Like
In Texas, drug offenses are classified by penalty group. The penalty group is determined by the type of substance. The amount in your possession then determines the charge level within that group. Below is a general overview. Every case is different.
Penalty Group 1 — Cocaine, Heroin, Methamphetamine, Opioids
- Under 1 gram: State jail felony — 180 days to 2 years, fine up to $10,000
- 1 to 4 grams: Third-degree felony — 2 to 10 years
- 4 to 200 grams: Second-degree felony — 2 to 20 years
- 200 to 400 grams: First-degree felony — 5 to 99 years
- 400+ grams: Enhanced first-degree felony — 10 to 99 years or life
Marijuana (Cannabis)
- Under 2 ounces: Class B misdemeanor — up to 180 days in jail, fine up to $2,000
- 2 to 4 ounces: Class A misdemeanor — up to 1 year in jail, fine up to $4,000
- 4 ounces to 5 pounds: State jail felony
- 5 to 50 pounds: Third-degree felony
- 50 to 2,000 pounds: Second-degree felony
- Over 2,000 pounds: First-degree felony — 5 to 99 years
Penalty Group 2 — MDMA (Ecstasy), PCP, Synthetic Cannabinoids
- Under 1 gram: State jail felony
- 1 to 4 grams: Third-degree felony
- 4 to 400 grams: Second-degree felony
- 400+ grams: First-degree felony
Penalty Group 3 — Prescription Drugs Without a Valid Prescription (Xanax, Valium, Ritalin, Anabolic Steroids)
- Under 28 grams: Class A misdemeanor
- 28 to 200 grams: Third-degree felony
- 200 to 400 grams: Second-degree felony
- 400+ grams: First-degree felony
Possession vs. intent to deliver:
Prosecutors may charge 'possession with intent to deliver' instead of simple possession based on the amount found, the presence of scales or packaging, or cash. Intent to deliver carries significantly higher penalties than simple possession. An attorney can assess whether the facts support that charge.
What Is Drug Trafficking in Texas?
Drug trafficking in Texas is generally charged as manufacture or delivery of a controlled substance, or possession with intent to deliver. The charge does not require a large quantity — prosecutors can allege intent to deliver based on circumstantial evidence including the amount, packaging, and surrounding circumstances.
Federal drug trafficking charges can also arise when the alleged conduct crossed state lines, involved large quantities, or was investigated by a federal agency. Federal drug charges carry their own penalty structure, including mandatory minimum sentences in many cases.
Federal drug charges
If you are facing a federal drug case, the stakes are significantly higher. Federal sentencing guidelines and mandatory minimums apply. Contact an attorney with experience in federal criminal defense as soon as possible.
How a Drug Possession Case Typically Moves Through Montgomery County Courts
Arrest and booking
You are processed at the Montgomery County Jail. A bond is set. Misdemeanor drug cases may allow for quick release. Felony drug charges may involve a higher bond or a bond hearing.
Charges filed
The prosecutor reviews the case. The filed charge may differ from the initial arrest charge based on lab results and the evidence gathered.
Lab testing
In most drug cases, the substance must be tested by a forensic lab to confirm it is a controlled substance. This process can take time and is a key element the prosecution must prove.
Discovery
Your attorney requests the evidence, including the police report, dashcam or bodycam footage, the lab report, chain of custody records, and any search warrant documentation.
Pretrial motions
If there are constitutional issues with how the evidence was obtained, your attorney may file a motion to suppress. If granted, the suppressed evidence cannot be used against you.
Negotiation or trial
Many drug cases are resolved through negotiation, including options like deferred adjudication in some cases. If no acceptable resolution is available, the case proceeds to trial.
Possible Defenses in a Drug Possession Case
The right defense depends entirely on the facts of your case. These are examples of issues that may be relevant — not a guarantee of any outcome.
Unlawful search and seizure
The Fourth Amendment protects against unreasonable searches. If law enforcement searched your vehicle, home, or person without proper legal authority, your attorney may file a motion to suppress the evidence obtained.
Lack of knowing possession
The prosecution must prove you knowingly possessed the controlled substance. If the drugs were not yours or you were unaware of their presence, that is relevant to the charge.
Constructive possession issues
When multiple people were in a vehicle or residence, proving who possessed the drugs can be complicated. Proximity alone is not enough to establish possession.
Lab testing and chain of custody
The substance must be properly identified and tested. Issues in the chain of custody or the lab procedure can affect the reliability of the test results.
Valid prescription
Some substances require a valid prescription. If you had one, that is a complete defense to possession of that substance.
Entrapment
If law enforcement induced you to possess a substance you would not otherwise have possessed, entrapment may be a viable defense.
Frequently Asked Questions About Drug Charges in Montgomery County
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Speak With a DWI Lawyer in Montgomery Count
If you were charged with DWI or DUI in Conroe or anywhere in Montgomery County, contact the Law Office of Timothy Rose. The ALR deadline moves quickly. Act now to protect your driving privileges and understand your options.
Consultations are confidential. If you were arrested or given a court date, call as soon as possible.