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What To Do When Facing Drug Possession Charges in Montgomery County

The Law Firm of Andrea M. Kolski

Did you know that Texas has some of the toughest drug laws in the country? If you are charged with drug possession, you could be facing fines and jail or prison time, depending on the amount and type of drugs that you have.

If you have been arrested and charged with possession of drugs in Texas, you need an attorney. An experienced defense attorney will be able to help you navigate the criminal justice system, decide on the best strategy for your case, and defend you if your case goes to trial.

Read on to learn more about what you should do if you’re facing drug charges in Texas and Montgomery County.

What Is Drug Possession?

Texas law defines possession as the care, custody, control, or management of a controlled substance. If you read that and think that it seems pretty broad and vague, you’re not wrong. It is written that way on purpose, as the Texas legislature wants the statute to apply to defendants who aren’t necessarily arrested while in close proximity to drugs.

“Controlling” a drug means it is in a location that only you have access to, such as locked in your trunk or a storage space. “Management” means you tell others what to do, such as holding the drugs for you or caring for them.

What Are the Drug Penalty Groups?

Texas law categorizes drugs into four groups, called drug penalty groups. The exception is marijuana, which is treated differently. The groups dictate the penalty associated with each drug included.

Penalty Group 1

Group one includes the most serious drugs, including:

  • Cocaine
  • Mescaline
  • Ketamine
  • Meth
  • Opioids (e.g., hydrocodone, oxycodone, codeine)
  • Heroin
  • Opiates
  • Psilocybin (mushrooms)
  • Other hallucinogens

There is also a penalty group 1-A that includes LSD. The punishments for group 1 start at two years in prison and a $10,000 fine and go up to life in prison and a $250,000 fine for possessing 400 grams or more of the drug.

Penalty Group 2

Penalty group 2 includes drugs derives from cannabis or marijuana, including hashish, as well as PCP and ecstasy. Marijuana is not included here, however.

The penalties for possession of these drugs start at two years of incarceration for possessing under one gram and escalate to a $50,000 fine and life in prison for possession of 400 or more grams of a substance.

Penalty Group 3

Any opiates not listed in group 1 are included in group 3. Other drugs included in this group are anabolic steroids, benzodiazepines, and sedatives including valium, methylphenidate (Ritalin), and prescription drugs that have stimulant or depressant effects.

Potential penalties include a year in jail and a fine up to $4,000 but can be as high as 20 years in prison and a fine of $10,000 if you are in possession of 200 grams or more.

Penalty Group 4

Penalty group 4 includes any opiates or opioids that are not included in groups 1 and 3. It also includes chemical compounds and prescription medications such as morphine, Motofen, buprenorphine, pyrovalerone, which could result in abuse.

The penalties for group 4 drugs are similar to those for group 3 drugs.

What to Do When You Are Facing Drug Charges

If you are arrested and charged with drug possession charges, the first thing you should do it stay quiet. Like the warnings that police give you, anything you say can and be used against you in court.

Don’t answer any questions, confess anything, or sign anything. You have the right to remain silent, given by the Fifth Amendment, so use it. Tell the police that you want a lawyer and do not answer any questions until one arrives.

Once you request a lawyer, the police should stop questioning you until one arrives. Even if they do not, you are not legally required to answer any of their questions.

The next thing you should do is to actually contact a lawyer. They will handle any conversation with the police on your behalf and can work on getting you out of jail on bond, if possible.

Once this is taken care of, they will represent you during any court hearings and a trial if it comes to that. They can also negotiate a plea bargain on your behalf as well. Pick a local criminal defense attorney with experience representing those charged with drug offenses.

Drug Possession Defenses

There are different strategies you can use to defend yourself from drug possession charges. Your attorney can help you determine a defense strategy and if one of these defenses is relevant to you.


Entrapment occurs if you are caught in an undercover drug buy or drug sting. They are legal unless they provide you to commit a crime that you wouldn’t otherwise commit. This is a tough defense to use successfully, so an attorney who understands how this defense works is necessary.

Unlawful Search and Seizure

The Fourth Amendment gives us the right to be free from unreasonable search and seizure. If a law enforcement officer searches you and seizes drugs unlawfully, your attorney can argue to have the drug evidence thrown out of court. If there is no probable cause or warrant to search you, and you do not consent, but the officer searches anyway, you can argue that your Fourth Amendment rights were violated.

Unknowing Possession

To successfully prosecute you, the prosecutor has to show that you were in knowing possession of the drugs. If you were in possession of it, but didn’t know it, you might use this defense successfully.

Hire a Criminal Defense Attorney Today

Drug possession charges carry the possibility of serious punishments. Texas drug laws are extremely tough and you don’t want to try to navigate the criminal justice system on your own. You need an experienced criminal defense attorney to represent you. They can negotiate with the prosecutor on your behalf and defend you should you take the case to trial.

If you are facing drug charges, contact us today for a case evaluation.

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