Drug Possession Lawyer in San Antonio and El Paso
A Texas drug charge is graded by two things: the drug’s penalty group and its weight. Possessing less than one gram of a Penalty Group 1 substance is a state jail felony under Health & Safety Code §481.115. Two ounces of marijuana or less is a Class B misdemeanor (§481.121). Don’t explain anything to police. Call a lawyer first.
West Texas Trial Lawyers defends drug cases in San Antonio, El Paso, and across Texas, in state and federal court. Every lawyer at the firm prosecuted cases for the State of Texas before defending them. Our first goal is to get the case dismissed. No lawyer can promise that. We can show you where the State’s case is strong and where it is not.
How do Texas drug penalty groups work?
Texas sorts controlled substances into penalty groups in Health & Safety Code Chapter 481. The group sets the penalty table. The weight picks the row. A small amount of a Penalty Group 1 drug can be a felony, while the same weight of marijuana may be a misdemeanor.
Here is the short version:
- Penalty Group 1 covers the substances with the steepest possession penalties (§481.115).
- Penalty Group 1-A covers LSD and similar substances (§481.1151).
- Penalty Group 1-B covers fentanyl. Possession is graded on the same weight tiers as Penalty Group 1 (§481.115).
- Marijuana has its own table (§481.121).
- Other penalty groups have their own weight tiers.
What are the penalties for fentanyl and Penalty Group 1 possession?
Possession of less than one gram of a Penalty Group 1 or 1-B substance, including fentanyl, is a state jail felony under Health & Safety Code §481.115. Each higher weight band raises the charge.
Amount possessed (PG 1 or PG 1-B)
Level
Punishment range
Less than 1 gram
State jail felony
180 days to 2 years state jail + up to $10,000 fine (Penal Code §12.35)
1 to less than 4 grams
Third-degree felony
2 to 10 years prison + up to $10,000 fine (§12.34)
4 to less than 200 grams
Second-degree felony
2 to 20 years prison + up to $10,000 fine (§12.33)
200 to less than 400 grams
First-degree felony
5 to 99 years or life + up to $10,000 fine (§12.32)
400 grams or more
Felony (enhanced range)
10 to 99 years or life + up to $100,000 fine (§481.115)
What are the penalties for marijuana possession in Texas?
Amount of marijuana
Level
Punishment range
2 ounces or less
Class B misdemeanor
Up to 180 days jail and/or up to $2,000 fine (Penal Code §12.22)
More than 2 oz, up to 4 oz
Class A misdemeanor
Up to 1 year jail and/or up to $4,000 fine (§12.21)
More than 4 oz, up to 5 lb
State jail felony
180 days to 2 years state jail + up to $10,000 fine (§12.35)
More than 5 lb
Felony
Third-degree felony or higher, depending on weight (§481.121)
What is the difference between possession, possession with intent, and delivery?
Possession means the State says you had the drug. Possession with intent to deliver and delivery charges go further. They say the drug was meant for someone else, or was handed over. Those charges fall under a different statute, Health & Safety Code §481.112, with its own weight tiers.
Prosecutors often try to show intent with circumstantial evidence. That can include the amount, how it was packaged, scales, cash, or text messages. None of those facts proves intent by itself. Each one has an explanation, and we test every one.
Possession itself can be disputed too. Drugs found in a shared car or apartment do not automatically belong to everyone there.
Can the search in my drug case be challenged?
Yes. Many drug cases depend on a search, and a search has to follow the law. If police stopped you or searched without a lawful basis, the evidence they found may be suppressed.
These are the questions we ask:
- Why did the officer stop you?
- Did you consent to the search, and was that consent voluntary?
- Was there a warrant? Did it describe what was searched?
- How far did the search go, and was that allowed?
- What does the body camera and dash camera video show?
Under Code of Criminal Procedure art. 39.14, the State must produce offense reports, statements, and other evidence “as soon as practicable” after a timely request. We request it early.
Will my drug case be in state or federal court?
It depends on who made the arrest and where. Most drug cases are state cases. But in El Paso, near the border, many drug cases are federal. Drug importation is charged under 21 U.S.C. §§952 and 960.
Federal cases from El Paso and San Antonio are heard in the U.S. District Court for the Western District of Texas. In El Paso, that is the Albert Armendariz, Sr. U.S. Courthouse, 525 Magoffin Ave. In San Antonio, it is the U.S. Courthouse, 262 W. Nueva St. Federal cases follow different rules, including detention hearings under 18 U.S.C. §3142 and the advisory U.S. Sentencing Guidelines. Learn more about federal drug and border cases in the Western District of Texas.
State drug cases in El Paso are prosecuted by the 34th Judicial District Attorney’s Office and heard at the El Paso County Courthouse, 500 E. San Antonio Ave.. In San Antonio, the Bexar County Criminal District Attorney’s Office prosecutes them at the Cadena-Reeves Justice Center, 300 Dolorosa.
Do drug-free zones increase the penalty?
Will a drug charge affect my record or immigration status?
It can affect both. If a case is dismissed or you are acquitted, expunction under Code of Criminal Procedure Chapter 55A may be available. After deferred adjudication, nondisclosure under Government Code §411.0725 may be an option.
For non-citizens, a drug case can carry serious immigration consequences. Tell us right away if you are not a U.S. citizen. We recommend consulting an immigration attorney before you accept any plea.
How do former prosecutors defend a drug case?
Adam Setra prosecuted cases for the 34th Judicial District Attorney’s Office in El Paso and is admitted in all four federal districts of Texas and the District of New Mexico. Read Adam Setra’s background as a former prosecutor.
We know how a drug case is built because we built them. We follow the evidence from the stop to the lab. See what clients have reported on our case results page.
How is a drug possession charge graded in Texas?
What should I do right now after a drug arrest?
- Do not answer questions about the drugs, the car, or the house. If police want to talk, don’t explain and don’t try to make a deal. Say you want your lawyer, then call us.
- Do not consent to any further searches of your phone, car, or home.
- Do not discuss the case on jail phones, by text, or on social media.
- Keep your bond papers and any property receipt from the arrest.
- Write down what happened at the stop or search while you still remember it.
- Call us. Have your full legal name, date of birth, the county where the charge was filed, and the charge if you know it. Missing something? Call anyway.
Calling on behalf of a family member? You don’t need to know everything. We can start with what you have.
On This Page
Meet Our Team
Frequently asked questions about drug charges in Texas
Is possession of less than a gram a felony in Texas?
What is the penalty for fentanyl possession in Texas?
Is marijuana possession a felony in Texas?
What is the difference between possession and possession with intent to deliver?
Can a drug charge be dismissed because of an illegal search?
Will my drug case be in federal court?
Can a drug charge be removed from my record in Texas?
How much does a drug possession lawyer cost in San Antonio?
Do you handle drug cases in Spanish?
Talk to a former prosecutor about your drug charge
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