Drug charge in Harris County?
The case is the search, not the substance. Possession, delivery, or manufacture — the state has to prove the drugs were yours and that the search that found them was legal. I check the stop, the warrant, and the lab on every case. Call before you talk to anyone.
Where drug cases fall apart
Most drug arrests start as something else — a traffic stop, a noise call, a “consent” search that wasn’t really consented to. Texas and the Fourth Amendment put strict rules on when an officer can search you, your car, or your home. If the search was bad, the drugs are out, and there’s no case.
If it was clean, I look at possession itself (was it actually yours, or just near you?), the weight, and the lab. Those decide the charge level, and the charge level decides your options — including diversion programs that keep a first offense off your record. Flat fee, payment plans.
Penalty Group 1 Substances
Definition: This group includes highly addictive and dangerous drugs such as heroin, cocaine, methamphetamine, and opioids not listed in other groups.
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Less than 1 gram: State jail felony; 180 days to 2 years in state jail, and a fine up to $10,000.
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1 to 4 grams: Third-degree felony; 2 to 10 years in prison, and a fine up to $10,000.
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4 to 200 grams: Second-degree felony; 2 to 20 years in prison, and a fine up to $10,000.
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200 to 400 grams: First-degree felony; 5 to 99 years in prison, and a fine up to $10,000.
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Over 400 grams: Enhanced first-degree felony; 10 to 99 years or life in prison, and a fine up to $100,000.
Manufacture or Delivery
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Less than 1 gram: State jail felony; 180 days to 2 years in state jail, and a fine up to $10,000.
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1 to 4 grams: Second-degree felony; 2 to 20 years in prison, and a fine up to $10,000.
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4 to 200 grams: First-degree felony; 5 to 99 years in prison, and a fine up to $10,000.
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200 to 400 grams: Enhanced first-degree felony; 10 to 99 years in prison, and a fine up to $100,000.
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Over 400 grams: Enhanced first-degree felony; 15 to 99 years or life in prison, and a fine up to $250,000.
Penalty Group 2 Substances
Definition: This group comprises hallucinogenic substances such as Ecstasy (MDMA), PCP, and mescaline.
Penalties:
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Possession:
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Less than 1 gram: State jail felony; 180 days to 2 years in state jail, and a fine up to $10,000.
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1 to 4 grams: Third-degree felony; 2 to 10 years in prison, and a fine up to $10,000.
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4 to 400 grams: Second-degree felony;
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Time matters more here than people think.
Evidence gets preserved or lost in the first weeks — dash cam, body cam, the 911 audio. Call me now. I’ll tell you what the charge really carries in Texas, whether the search holds up, and what it costs — flat fee, payment plans.
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