Houston Drug Crimes Defense Attorney
Texas treats drug offenses seriously, with penalties that turn heavily on the type and weight of the substance involved. Whether you're facing a possession charge or an allegation of manufacture or delivery, attorney Myron G. Davis brings the perspective of a former felony prosecutor to your defense.
150+
JURY TRIALS
100's
CASE DISMISSALS
20 yrs
FORMER FELONY PROSECUTOR
Understanding Texas Drug Charges
Texas classifies controlled substances into Penalty Groups 1 through 4, plus separate provisions for marijuana and synthetic substances. The penalty for a drug charge depends on the penalty group, the weight of the substance, and whether the allegation is simple possession or manufacture and delivery with intent to distribute.
A state jail felony possession charge can become a first-degree felony depending on quantity, and cases near schools, parks, or other drug-free zones can carry enhanced penalties. Many drug cases also begin with a traffic stop or search that raises significant constitutional questions.
Possession Charges
From small amounts of marijuana up to felony-level possession of controlled substances like cocaine, methamphetamine, or prescription drugs held without a valid prescription.
Manufacture & Delivery
Allegations of intent to distribute carry significantly higher penalties than simple possession and often rely on circumstantial evidence like packaging or scales.
Drug-Free Zone Enhancements
Charges occurring within a certain distance of a school, playground, or youth center can increase the minimum sentence and penalty classification.
Federal Drug Charges
Some drug investigations are prosecuted in federal court, which carries its own sentencing guidelines and mandatory minimums.
Charged with a Drug Offense??
Many drug cases turn on how the evidence was obtained. Call before you speak with investigators so we can begin reviewing the stop, search, and lab results.
- Possession of a Controlled Substance
- Possession with Intent to Deliver
- Manufacture or Delivery
- Marijuana and THC/vape offenses
- Prescription fraud
- Drug-free zone enhancements
Common Defenses in Drug Cases
Drug prosecutions often hinge on how the evidence was found and handled. A close review of the stop, the search, and the chain of custody can uncover issues that weaken or eliminate the State's case.
- Challenging the legality of the traffic stop, search, or seizure under the Fourth Amendment
- Contesting whether the defendant knowingly possessed the substance versus mere proximity to it
- Scrutinizing lab testing procedures and chain-of-custody documentation for the seized substance
- Questioning informant reliability in cases built on confidential source information
- Pursuing pretrial diversion, drug court, or treatment-based alternatives where available
- Negotiating reduced charges or deferred adjudication for eligible first-time offenses
Frequently Asked Questions
Can evidence from an illegal search be thrown out?
Yes. If police obtained evidence through a stop or search that violated your constitutional rights, that evidence may be suppressed, which can significantly weaken or end the State's case.
Is Texas marijuana law different from federal law?
Yes, and the two can conflict, particularly with hemp and THC products. Whether a substance is legal hemp or illegal marijuana often depends on lab testing that can be challenged.
What's the difference between state and federal drug charges?
Federal drug charges are typically reserved for larger quantities, interstate trafficking, or cases involving multiple defendants, and they carry their own sentencing guidelines that differ from Texas state law.
Our Areas of Practice for Criminal Cases Include:
Asset Forfeiture
Parole Revocation
Homicide
Aggravated Assault
Theft/Robbery
Burglary
Juvenile Law
Record Sealing And Expunctions
Credit Card Abuse
DWI/DUI
Weapon Charges
Facing a Drug Charge in Houston? Get Help Now.
Free initial phone consultation — available 24 hours a day, 7 days a week.