DRUG CHARGEs

Brian has handled thousands of drug cases in Montgomery and Harris and can protect your rights if you have a single marihuana* cigarette or 2 Kilos of Cocaine. Major and Minor Narcotics charges can have devastating consequences for future plans, employment, and educational goals.   

When selecting a lawyer to represent you, make sure you get someone who has litigated in both Trial and Appellate courts.  Brian has made changes to existing law through the use of the appellate courts on Penalty Group 2A charges and understands controlled substance and controlled substance analog cases and their challenges.

*Marihuana is spelled with an "h" instead of a "j" under the Texas Health and Safety Code.  Get a lawyer who doesn't misspell your official legal filings!  

THE LAW

Drug Charges are found under The Texas Health and Safety Code 481.

 

The code creates both felony and misdemeanor charges. 

 

Common misdemeanor charges include:

 

  • Possession of Marihuana 

  • Possession of a Controlled Substance Penalty Group 3 less than 28 Grams (Xanax/Alprazolam)

  • Possession of a Controlled Substance Penalty Group 3 less than 28 Grams (Hydrocodone/Acetaminophen), and

  • Possession of a Dangerous Drug.   

Common felony charges include:

 

  • Possession with Intent to Deliver a Controlled Substance 

  • Manufacture and Delivery of a Controlled Substance 

  • Possession of Controlled Substances. (Penalty Group 1, 2, and 3 > 28 Grams). 

POSSESSION OF MARIHUANA

 

Contrary to what you may have heard, Marihuana is still illegal in Texas.  There are a few exceptions for individuals with severe epilepsy and there is a new controversial exception for the plant cannabis sativia L that has a less than 3% concentration of tetrahydrocannabinol.  These exceptions are rare and if you were found in Montgomery County with a joint or a baggie of less than 2 ounces of Marihuana you could be facing time in Jail.  Call now to get Brian Foley started on your case now!  Hire a lawyer that knows the difference between actual delivery and possession with intent to deliver and which one doesn't exist for marihuana under Texas law!  

PENALTY GROUP 1
Mere possession of a controlled substance listed under penalty group 1 is a felony offense in Texas. The most common penalty group one substances are:  
  • Methamphetamine (Crystal) (Ice)
  • Cocaine (Crack) (Powder) (Angel Dust)
  • Heroin (Black Tar) (Horse)
Penalty group one charges start at the State Jail Felony Level and go as high as Special First Degree with a minimum of 15 years in prison.

PCS < 1G

State Jail Felony

6 months to 2 years State Jail

PCS W/INTENT

< 1G

State Jail Felony

6 months to 2 years State Jail

PCS 1-4 Grams

3rd Degree Felony

2-10 years Prison.

PCS W/INTENT

1-4 Grams

Second Degree Felony

2-20 years Prison

PCS 4-200 Grams

Second Degree Felony

2-20 years Prison

PCS W/INTENT

4-200 Grams

First Degree Felony

5-99 years or Life Prison

PCS 4-200 Grams

First Degree Felony

5-99 years or Life Prison

PCS W/INTENT 200-400 Grams

First Degree Felony*

10-99 years or Life Prison

 

PENALTY GROUP 2

Mere possession of a controlled substance listed under penalty group 2 is a felony offense in Texas. The most common penalty group one substances are:  
  • 3,4-methylenedioxymethamphetamine (MDMA) (Ecstasy) (Molly) (X)
  • Tetrahydrocannabinol (Marihuana wax or oil)
Penalty group two charges start at the State Jail Felony Level and go as high as Special First Degree with a minimum of 10 years in prison.

PCS < 1Gram

State Jail Felony

6 months to 2 years State Jail

PCS W/INTENT

< 1Gram

State Jail Felony

6 months to 2 years State Jail

PCS 1-4 Grams

3rd Degree Felony

2-10 years Prison.

PCS W/INTENT

1-4 Grams

Second Degree Felony

2-20 years Prison

PCS 4-400 Grams

Second Degree Felony

2-20 years Prison

PCS W/INTENT

4-400 Grams

First Degree Felony

5-99 years or Life Prison

PCS > 400 Grams

First Degree Felony

5-99 years or Life Prison

PCS W/INTENT > 400 Gram

First Degree Felony*

10-99 years or Life Prison

 

PENALTY GROUP 3

Mere possession of a controlled substance listed under penalty group 3 can be a misdemeanor or felony offense in Texas. The most common penalty group three substances are:  
  • Alprazolam (Xanax) (Bars)
  • Hydrocodone/Acetaminophen
Penalty group three charges start at the Class A misdemeanor level and go as high as Special First Degree with a minimum of 10 years in prison.

PCS < 28 Grams

Class A Misdemeanor

0-365 days County Jail

PCS W/INTENT

< 28 Grams

State Jail Felony

6 months to 2 years State Jail

PCS 28 - 200 Grams

3rd Degree Felony

2-10 years Prison.

PCS W/INTENT

28 - 200 Grams

Second Degree Felony

2-20 years Prison

PCS 200 - 400 Grams

Second Degree Felony

2-20 years Prison

PCS W/INTENT

200-400 Grams

First Degree Felony

5-99 years or Life Prison

PCS > 400 Grams

First Degree Felony

5-99 years or Life Prison

PCS W/INTENT > 400 Gram

First Degree Felony*

10-99 years or Life Prison

HEALTH AND SAFETY CODE

The Most common section of the Health and Safety Code to be charged under is Sec. 481.115 of the Texas Health and Safety Code.  If you have been charged with a drug offense under Section 481.115 in Montgomery County your case will be assigned to the 9th District Court, 359th District Court, 221st District Court, or 435th District Court.  District Courts handle Felony Charges and in rare occasions a misdemeanor can be tried in district court.   

 

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