Federal Drug Charge Defense

A federal drug charge is best combated with a highly strategic defense. At SKJM Law, a Houston-based criminal defense legal team, our team has extensive experience defending clients against federal drug charges and drug-related offenses.

We don’t just wait for a plea bargain to be offered. We have the experience and the resources to analyze each layer of the comprehensive investigation that led to your charge. This analysis helps us find flaws that can bolster your defense and discredit the charges against you.

Our law firm’s lawyers will provide a realistic assessment of your case and the potential outcomes so you can make a well-informed decision about how you would like to proceed with your defense.

What Are Drug Possession Penalties in Texas?

Texas classifies drugs into four different categories carrying specific penalties. The penalties for illegal drug passion in Texas fall under the following categories:

• Group 1 penalties: The drugs in this group are the heaviest regulated and include opioids such as codeine, hydrocodone, oxycodone, and opium derivatives such as methamphetamine, ketamine, and hallucinogens. Possession of a Penalty Group 1 drug is charged as a felony. Small amounts attract 180 days to 2 years in state jail and a maximum fine of $10,000. Possession of large quantities attracts a jail term of 15 to 99 years and a maximum fine of $100,000.
• Penalty Group 1-A: This group is exclusive for Lysergic acid diethylamide (LSD) and their derivatives, such as salts, isomers, or salts of isomers. Possession of Penalty Group 1-A drug is a felony under Texas law. For small amounts, you could face between 180 days to 2 years in jail and a fine of up to $10,000.
• Penalty Group 2: This penalty group comprises hallucinogenic drugs such as peyote, PCP, and Ecstasy. Possession of these drugs is always charged as a felony. Possession of less than a gram of these substances carries a potential sentence of 180 days to 2 years in jail and a maximum fine of $10,000. Possession of more than 400 grams attracts between 5 and 99 years in state prison and a maximum penalty of up to $50,000.
• Penalty Group 3: These include opiates and opioids not listed in Penalty Group 1. Common drugs under this category include methylphenidate, anabolic steroids, benzodiazepines, and some prescription drugs with stimulant or depressant effects. Under Texas law, possession of small amounts of drugs in this group is charged as a misdemeanor that attracts up to 1 year in county jail and a maximum fine of $4000. Possession of 28 grams or more is considered a felony with a maximum penalty of 99 years in state prison.
• Penalty Group 4: Substances in this category include various prescription opiates and opioids not included in any other penalty groups. Under Texas law, possession of fewer than 28 grams of a penalty group 4 drugs is treated as Class B Misdemeanor. If convicted, you could face up to 180 days in county jail and not more than $2000 in fines. Possession of more than 400 grams attracts a prison sentence of between 5 and 99 years and a maximum fine of $5000.
• Marijuana: In Texas, marijuana doesn’t fit within any of the above traditional penalty groups. Possession of less than 2 ounces of the substance is considered a Class B Misdemeanor that attracts up to 180 days in jail and a fine not exceeding $2000. Possession between 2 and 4 is a Class B misdemeanor, attracting a 1-year jail term and fine not exceeding $4000. Possession of over 4 ounces of marijuana is considered a felony. You could end up spending 2 to 99 years in prison besides paying a fine of between $10,000 and $50,000 based on the amount. 

How to Win a Drug Possession Charge in Texas

A felony drug charge is a nightmare with long-term consequences. However, you can take immediate action to prevent these charges from negatively impacting your life. When facing a drug felony charge, the first step is to hire a reputable drug charge defense lawyer as soon as possible. The right lawyer will assess possible defense strategies to get you lenient sentencing or have the charges dropped altogether. 

Schaffer Kennedy Johnson’s defense attorneys can contend that the prosecution has been unable to establish each element of their case against you satisfactorily or adequately as mandated by the law. They might also argue that the search on you was unlawful and that there was insufficient cause to search your person or vehicle. If the court determines your Fourth Amendment rights were violated, any evidence discovered during an illegal search can’t be used to prosecute you.

Get Effective Criminal Defense Representation

If you or someone close to you is facing a federal drug charge, contact one of the expert attorneys at SKJM to represent your rights and start building a defense that will help bring about the best possible outcome in your case. Call 713-228-8500