Bryan Drug Possession Lawyer

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) 775-4100 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:

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.

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 search warrant was used against you, was it legally faulty? If your car was searched, was it a legal search? 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.