936-647-3352
Criminal Defense Lawyer
Conroe, TX and Montgomery County
936-647-3352

Drug Possession Attorney

A Trial-tested criminal defense lawyer fighting for your rights

Have you been charged with drug possession in Texas? Depending on the amount of drugs you had in your possession and what type of drugs they claim you had at the time of your arrest, you could be facing months or even years in jail and thousands of dollars in fines. Having an experienced criminal defense lawyer can make a big difference.

That’s why it’s critical that you take your drug charges seriously right from the start. That’s why we want to meet with you. At The Webb Firm, P.C. in Conroe, we understand the seriousness of your charges. That’s because our drug possession attorneys have handled many similar cases throughout the area.

Criminal defense attorney Amanda Webb has extensive experience representing people charged with such serious crimes. Before Webb founded her own law firm, she previously worked as an Assistant District Attorney in Montgomery County. Such experience gives Webb a unique outlook on such complex cases.

Types of drug possession charges

Drug possession charges can cover a wide range. In most cases, the larger the quantity of illicit drugs or controlled substances you have in your possession at the time of your arrest, the more serious the charges. Some of the most common drug possession charges we deal with at our law firm include:

In some cases, you might be charged with drug dealing or drug trafficking if you have an unusually large amount of drugs in your possession at the time of your arrest. Whatever the circumstances, it’s important to talk with a drug possession lawyer as soon as possible about all your legal options.

Is drug possession a federal crime?

The short answer? Sometimes. In some cases, some drug possession charges are classified as a federal crime. However, in other cases in Texas, other drug possession charges might fall under the state law, which gives Texas jurisdiction over such drug possession charges.

Examples of when a drug possession charge might be classified as a federal crime include:

  • The drug possession offense involved crossing state or international borders.
  • The incident took place on federal property.
  • The charge involves large amounts of drugs intended for distribution.

The Controlled Substances Act classifies different drugs into schedules and sets guidelines for federal enforcement. Simple possession of illegal drugs for personal use is generally prosecuted by state authorities, but federal authorities may step in if the offense is linked to drug trafficking or other federal offenses. Convictions for federal drug possession often carry more severe penalties, including significant prison time and large fines.

Is drug possession a felony?

The short answer? It depends. In Texas, drug possession can be classified as either a misdemeanor or a felony, depending on the type and quantity of the drug involved. Smaller amounts of certain drugs, like marijuana, might result in misdemeanor charges, while possession of larger quantities of certain controlled substances, such as cocaine or heroin, could result in a felony charge.

Examples of when drug possession is often considered a felony in Texas include:

  • Possession of more than a small amount of a controlled substance like methamphetamine or cocaine.
  • Possession of THC oil or gummies, which Texas classifies as controlled substances, which can result in a felony drug charge.
  • Possession of drugs in a drug-free zone, such as near a school or playground.
  • Repeat offenses or having a prior criminal record related to drug possession or distribution. Felony drug possession charges often carry more severe penalties, including longer prison sentences and larger fines compared to misdemeanors.

If you are not sure if your drug possession charge is a misdemeanor or a felony, talk to a drug possession lawyer right away who thoroughly understands how the system work in Texas when it comes to such complex legal cases.

How long do you go to jail for drug possession?

The short answer? It varies. In Texas, the amount of time you could spend in jail for drug possession depends on the type and quantity of the drug, as well as whether it’s a first-time offense or a repeat offense. Your drug possession lawyer’s ability to handle your case can also make a big difference in how much time you spend in jail or prison as well.

For smaller amounts of certain drugs like marijuana, you might face up to 180 days in jail for a misdemeanor drug possession conviction. However, possession of larger quantities of certain drugs, like methamphetamine or heroin, could result in several years behind bars if it’s classified as a felony.

Examples of jail time for drug possession in Texas include:

  • Class B misdemeanor: Up to 180 days in jail for possession of less than two ounces of marijuana.
  • State jail felony: Between 180 days and 2 years in state jail for possession of less than a gram of controlled substances like cocaine or meth.
  • Third-degree felony: 2 to 10 years in prison for possession of more than one gram but less than four grams of controlled substances.
  • First-degree felony: 5 to 99 years in prison for possession of large quantities of the most serious controlled substances, such as 400 grams or more of drugs like cocaine or heroin.

The penalties also increase if the possession occurs in a drug-free zone, if you have prior convictions or in other situations in certain circumstances. Each case is unique. That’s why you need a skilled drug possession attorney on your side.

How to get drug possession charges dropped

Often, the best way to get your drug possession charge dropped is to start by hiring a skilled drug possession attorney. Some of the successful legal strategies used by defense lawyers in Texas include:

  • Challenging the evidence or how it was obtained.
  • Proving that your legal rights were violated during the arrest or search and seizure.
  • Filing a motion to suppress evidence if the drugs were obtained unlawfully.
  • Providing evidence that the drugs didn’t belong to you.
  • Showing that there’s insufficient evidence linking you to the drugs in question.

Additionally, your defense lawyer may be able to negotiate a plea deal with the prosecution, or enroll you in a diversion program or another alternative to incarceration that avoids a conviction, especially if it’s a first-time drug offense.

Don’t simply assume there’s nothing you can do if you have been charged with drug possession. Many times, there are ways you may be able to have your charges dropped. That’s why having an experienced Texas drug possession lawyer on your side can often make a big difference and may result in your drug possession charges being dismissed.

Count on our law firm when it matters

The clock is often ticking immediately after your arrest. In some cases, there might be critical deadlines that need to be met right away. If you miss them, you could miss out on important opportunities for justice.

We know how the legal system works in Texas. We know what evidence to look for and what questions to ask when it comes to drug possession charges. That’s why we have such a strong track record of success. Case results matter here.

Put your trust in a criminal defense attorney who takes your drug possession charge seriously. Contact us and schedule your free consultation right now. We’re here for you when you need us most.

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The Webb Firm, P.C.
207 Simonton St. #201
Conroe, TX 77301
936-647-3352
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The Webb Firm, P.C.
2515 Bernardo De Galvez Ave
Galveston, TX 77550
409-203-3324
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