Montgomery Drug Possession Lawyer

Andrea M. Kolski

Servicing Conroe, The Woodlands, Montgomery, Texas


Texas Drug Possession Laws

Texas has the highest incarceration rate in the US.  This is no place to take your drug possession charge lightly. Few states are stricter on drug use and possession than Texas. Not only are punishments strict in Texas, but Texas drug possession laws are frequently complicated. This can make it difficult for those facing drug possession charges to make it through the legal system. 

If you've been caught and charged with drug possession, you could be facing serious penalties. Read on, and we'll explain how an attorney can walk you through the legal process and help ensure the best outcome for your situation. 


Penalties for Drug Possession in Texas

Texas drug laws split punishment for substance abuse or possession into four different groups. These groups are based on the four different levels of classification given to drugs by the federal government. 

Drugs are categorized in four numbered groups.  The higher the number, the higher the severity of the drugs in question.  Marijuana is given its own separate grouping. Possession of more than two ounces of marijuana can incur a penalty of up to ten years in jail. 

At the lowest level, a charge for drug possession in Texas will result in a Class A or Class B misdemeanor. Those charged with such a crime could face up to a year in jail or fines up to $4,000. 

However, the severity of punishment can always increase depending on how much of the substance in question is found. There's no limit to how much punishment can increase. 

Larger quantities will usually be charged as 'drug possession with an intent to distribute,' where penalties are much higher. Life sentences are not uncommon, nor are monetary penalties as high as $250,000. The manner in which a drug is stored or contained can also contribute to how it is perceived in terms of an intention to distribute.  

Drug Categories in Texas

The four categories recognized by Texas are narcotics, depressants, stimulants, and hallucinogens.  

Narcotics include all opium related substances including prescription drugs such as oxycodone and morphine. Depressants refer to any and all drugs that slow bodily functions, such as heroin and valium.

Stimulants speed up body functions, with the most common form being cocaine or speed. Hallucinogens refer to marijuana, LSD, and any other substances that alter perception or mood. 

Alternative Sentencing Programs

The Texas legislature has been unwilling to loosen marijuana laws even with medical legalization.  There has been some legislative progress on minimizing the impact on first-time offenders, especially for those with small quantities. 

The First Time Felony Charge Act, for example, is a state law that offers help to first time drug possession offenders. Those that plead guilty to certain charges are eligible for alternative sentencing. Alternatively, some offenders may lessen their sentence with placement into an approved substance abuse program.  

Certain counties around Texas have similar local programs that are encouraged to get those charged with drug possession on the proper path. These programs can sometimes be difficult or even expensive to work through, but they can help to ensure one doesn't have to face the maximum penalty in court.

How a Defense Attorney Can Help

As a Montgomery County Drug Possession Attorney for almost two decades, Andrea Kolski has represented a wide range of clientele facing the most serious drug charges.  Her track record of success is second to none. 


Texas drug laws may be tough, but there are a number of ways an experienced drug possession lawyer can help win or minimize the charges against you.  Alternative sentencing can be helpful, but they often require a guilty plea to enroll. What if you're not guilty, or aren't guilty to the extent the charges indicate you are? This is where an experienced defense attorney can make a big difference. An experienced defense attorney will work with you to fight for the best possible legal outcome to your case. They will be able to take the facts and evidence provided in your case and lead you to the best legal strategy. 

In some cases, they may even be able to get the case dismissed or thrown out of court. There are very specific procedures law enforcement must follow.  Illegal search and seizure is not uncommon when it comes to drug possession charges.  A skilled defense attorney can carefully review your case and determine if your rights were and are upheld during a criminal investigation.

A defense attorney can also help to prove that you don't deserve the sentence that you may be facing. There are many legal defenses for a drug possession charge and circumstances where a lesser sentence makes more sense for both the state and the defendant. An experienced attorney can navigate this process and present your case in a favorable light. 

Having someone experienced to rely on through the stressful process of a legal proceeding can give you peace of mind. Texas drug possession laws are complicated and constantly changing.  Going it alone, or with a court appointed attorney, can add more stress to your situation.   

Having a knowledgeable professional with experience in Texas drug possession law can make a world of difference. With the right attorney by your side, you can properly fight the charges against you and avoid a potentially life-changing punishment. 

Understanding Texas Drug Possession Laws

Texas drug possession laws lay out punishments that can be quite severe. If you're currently facing criminal charges in the state of Texas, it is essential that you get the proper legal assistance. An experienced, dedicated attorney can be the difference between freedom and a life behind bars. 

Have further questions about drug possession charges? Need advice on your next steps? Feel free to give us a call with questions.