Hablamos Español
Protecting people's rights,
that's what I'm all about
Free Case Evaluation
(713) 589-8855
Phones Answered 24/7
Why Hire Me

Experienced and Aggressive Representation

Read More >
Office Location

Law Office of Justin T. Surginer
8831 Long Point Rd Ste 401
Houston, TX 77055

(713) 589-8855

view directions >

Possession of a Controlled Substance

Possession of any drug, compound or chemical listed as a scheduled substance or penalty group substance, without a prescription is a criminal offense in Houston. Controlled substances are drugs, plants or chemicals that have been determined to have a high potential for abuse and limited or no accepted medical use.

Having any quantity of illegal drugs can be prosecuted as a criminal offense. Also, possession of a legal pharmaceutical drug without the appropriate prescription is against the law. In most areas, having drugs is itself a crime and can lead to tough legal punishments.

Texas Penalties for Possession of a Controlled Substance

The most common drug-related offense is simple narcotic possession. Possession simply means having a usable quantity of drugs in an amount commonly associated with personal use. For example, having a small bag of marijuana may be considered possession while having two pounds of marijuana may be a more serious offense.

According to the Texas Penal Code, some common examples of drug possession penalties include:

Legal Defenses for Having Illegal Narcotics

A common method of defending against drug charges is to plead to a lesser offense. Because the law makes no distinction between drug ownership and drug possession, there is no point in arguing that the defendant didn’t purchase or use the drugs.

Instead, the Houston defense attorney could negotiate for the defendant to plead down to possession of paraphernalia rather than possession of a controlled substance. Also, the defense attorney could have the defendant agree to enroll in a drug treatment program in exchange for probation instead of jail time.

Request a Call
 I have read the
Case Results
  • DWI - Harris County
    Young man seen leaving nightclub by a police officer. Client takes and fails field sobriety tests and breathalyzer test.
    Not guilty
  • Possession of Marijuana- Harris County
    Client set for trial on two possession of marijuana cases. Client admits to owning all marijuana in the vehicle on video. Motion to suppress granted.
    Cases dismissed
  • DWI - Harris County
    Client found passed out behind the wheel of a car by police officer after crashing into a light post.
    Case dismissed
  • Solicitation of Prostitution - Matagorda County
    Prison guard arrested for soliciting an undercover police officer. All was captured on audio recording.
    Jury trial, not guilty
More Results >
Recent Blog Posts