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Conroe Criminal Lawyer - Possession of a Controlled Substance

Conroe Criminal Lawyer - Possession of a Controlled Substance

Conroe Criminal Lawyer: Understanding Possession of a Controlled Substance


The realm of criminal law is a complex and ever-evolving field. It is crucial to have a seasoned and knowledgeable attorney by your side when dealing with drug-related charges, such as the possession of a controlled substance. If you find yourself facing legal troubles related to drug offenses in the Conroe area, you need a Conroe Criminal Lawyer like Brian Foley Law PLLC, who is experienced and well-versed in handling such cases.

Possession of a Controlled Substance

Possession of a controlled substance is a serious legal matter in Texas, and understanding the laws and potential consequences is vital. Brian Foley, a reputable Criminal Defense Attorney in Conroe, has handled numerous drug cases in Montgomery and Harris counties. Whether you are charged with possessing a single marijuana cigarette or a substantial quantity of a potent substance like cocaine, it is essential to have a lawyer who can protect your rights.

The Legal Framework

In Texas, drug charges are outlined under the Texas Health and Safety Code 481, creating both felony and misdemeanor charges. Let's explore some of the common drug-related charges:

  1. Common Misdemeanor Charges:

    • Possession of Marihuana

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

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

    • Possession of a Dangerous Drug

  1. Common Felony Charges:

    • 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, greater than 28 Grams)

Possession of Marihuana

It is essential to clarify a common misconception – marijuana remains illegal in Texas for most individuals. There are limited exceptions for specific medical conditions, but for the average person found with a small amount of marijuana in Montgomery County, the consequences can be severe. A Conroe Criminal Lawyer can guide you through the complexities of Texas drug laws and help you understand the distinctions between actual delivery, possession with intent to deliver, and their non-existence for marijuana under Texas law.

Understanding Penalty Groups

Controlled substances are categorized into penalty groups in Texas, with varying degrees of punishment based on the substance's type and quantity. Here's an overview of some common penalty groups:

Penalty Group 1: This includes substances like Methamphetamine, Cocaine, and Heroin. Possession of penalty group one substances can result in felony charges ranging from State Jail Felony to Special First Degree with substantial prison time.

Penalty Group 2: Common substances in this group are MDMA and Tetrahydrocannabinol (marijuana wax or oil). Like penalty group one, possession of these substances can lead to felony charges.

Penalty Group 3: This group comprises substances like Alprazolam (Xanax) and Hydrocodone/Acetaminophen. Charges can range from a Class A misdemeanor to a Special First Degree felony.

Your choice of legal representation is crucial when you are dealing with drug charges in Conroe. A knowledgeable and experienced attorney can make a significant difference in the outcome of your case.


Facing drug-related charges, especially those related to the possession of a controlled substance, is a challenging situation. Brian Foley Law PLLC, a trusted Conroe Criminal Lawyer, has extensive experience in handling a wide range of drug cases. If you or a loved one find themselves entangled in such legal issues, do not hesitate to seek professional legal guidance. Your future, employment, and educational goals may depend on it. Contact Brian Foley today to safeguard your rights and explore the best possible legal strategies to protect your future.

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