Texas Drug Lawyer
In Texas, drug crimes can have severe, life-changing consequences. The penalties for drug offenses depend on the substance involved, the amount of the substance, and whether or not there was an intent to deliver the substance.
Over the course of his career, Trey Porter has defended the rights of individuals in a wide range of drug offenses, from simple drug paraphernalia charges to possession of marijuana and controlled substances. Every case is different, but the goal is always the same: obtain a dismissal.
Possession of Marijuana in Texas
Marijuana is illegal in Texas. As states around the country continue to relax drug laws, Texas remains committed to prosecuting drug offenses, even in the smallest, most unharmful circumstances, to the full extent of the law.
- Is a drug charge a misdemeanor in Texas? The punishment range for possession of Marijuana in Texas is unbelievably severe. First-time offenders face between 6 months and 99 years of incarceration, depending on the weight of the marijuana. Learn more.
Possession of Controlled Substance in Texas
The Texas Controlled Substances Act defines possession of a controlled substance as having “actual care, custody, control or management.” The penalties for possession of controlled substances in Texas depend on the amount and type of the drug possessed. Texas law separates controlled substances into four Penalty Groups.
- Texas Controlled Substance Penalty Group 1: Methamphetamine, Heroin, Cocaine Oxycodone, Opium, Methadone, Ketamine and Hydrocodone (+300mg); and Group 1-A, which includes Lysergic acid Diethylamide (LSD).
- Texas Controlled Substance Penalty Group 2: Mescaline, Mushrooms, Psilocybin, Mescaline, Ecstasy, Methaqualone and Amphetamine.
- Texas Controlled Substance Penalty Group 3: Clonazepam, Xanax, Valium, Ritalin and Hydrocodone (less than 300 mg), Anabolic steroids and Lorazepam.
- Texas Controlled Substance Penalty Group 4: Compounds or mixtures that contain limited amounts of narcotics, and one or more active medical ingredients.
How Bad is a Drug Paraphernalia Charge in Texas?
The use, possession, and delivery of drug paraphernalia is a Class C Misdemeanor in Texas. Many Texas courts encourage first-time offenders to pay the fine and close the case. Paying the fine results in a permanent criminal conviction that can have devastating life-long consequences.
- What happens when you get a Paraphernalia charge? After receiving a citation for drug paraphernalia in Texas, a defendant will be provided with a court date. In many cases, court appearances can be avoided by hiring counsel. A Drug Paraphernalia charge is only a Class C Misdemeanor, but it is imperative to fight for a dismissal, and then expunge the record altogether. Start now.
What is The Texas Cite and Release Program?
The Texas Police Department (SAPD) and Bexar County Sheriff’s Department (BCSO), in conjunction with the Bexar County District Attorney’s Office, have implemented a program that authorizes officers to issue citations in lieu of custodial arrest in certain Class A or B Misdemeanor offenses.
- How does Bexar County cite and release Work? In Texas, the Cite and Release Program’s purpose is to allow first-time offenders to avoid prosecution and conviction. However, many people, including minors, continue to be prosecuted to the full extent of the law.
- Can a drug case be dismissed in Texas? Yes. Drug cases are dismissed every day across Texas. Drug charges come with a unique set of defenses. It is important to assert and protect all Constitutional rights when facing a conviction for possession of marijuana or a controlled substance in Texas.
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
| Possession of Controlled Substance Penalty Group 1-A (PG1-A) | Offense Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 unites | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 unites or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
| Possession of Controlled Substance Penalty Group 2-A (PG 2-A) | Offense Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 5 pounds ore more but less than 50 pounds | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 50 pounds or more, but less than 2,000 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less thanÊ 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
| Possession of Controlled Substance Penalty Group (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less thanÊ 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
| Possession of Dangerous Drugs (Not otherwise classified) | Offense Level | Punishment Range |
|---|---|---|
| Possession | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| Manufacturing or Possession with intent to deliver | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| Possession of Drug Paraphernalia | Class C Misdemeanor | $0-500 Fine |
| Possession of Marijuana Under Two Ounces | Class B Misdemeanor | Up to 180 days in Jail,$0-2,000 fine |
| Possession of Marijuana 2-4 oz | Class A Misdemeanor | Up to 1 year in Jail,$0-4,000 fine |
| Possession of Marijuana 4 oz to 5 lbs | State Jail Felony | 180 days - 2 Years, State Jail, Up to $10,000 fine |
| Possession of Marijuana 5-50 lbs | Third Degree Felony | 2-10 Years Penitentiary, Up to $10,000 fine |
| Possession of Marijuana 50-2000 lbs | Second Degree Felony | 2-20 Years Penitentiary, Up to $10,000 fine |
| Possession of Marijuana 2000+ lbs | First Degree Felony | 5-99 Years/Life, Up to $50,000 fine |
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.
