Marijuana Possession Attorney

Have you been arrested or charged with possession of marijuana? The drug charge lawyers at The Huff Law Firm are Defense Attorneys with over 13 years of experience defending marijuana drug possession cases in Houston, Fort Bend, and surrounding counties.

What is the Definition of Marijuana?

“Marijuana” is defined as the dried leaves and female flowers of the hemp plant, used in cigarette form as a narcotic or hallucinogen.

Why is Marijuana Illegal in Texas?

U.S. attitudes about marijuana have been rapidly changing, but Texas walks its own path. Bordering states have passed laws allowing medical use of marijuana, de-criminalizing marijuana possession, and even legalizing the recreational use of the herb. Texas, by contrast, consistently punishes marijuana offenders severely, although it did legalize a very limited medical marijuana law allowing limited use of low-THC (the psychoactive component), high-CBD cannabis oil.

Defenses to Possession of Drug Charges in Texas?

1. Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure problems appear often in drug possession cases. Unlawful drugs found in “plain view,” such as a car seat after a lawful traffic stop, may be confiscated and used as evidence. But drugs found in the trunk of an automobile after prying it open, assuming the suspect did not give permission (and the officer didn’t smell it), cannot be offered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges usually dismissed.

2. Drugs Belong to Someone Else

Another defense to the possession of Marijuana is to claim the drugs aren’t yours or that you had no idea they were in your car, for example. A skilled defense attorney will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers. District Attorney’s rarely charge more than one person with the same piece of dope.

3. Crime Lab Analysis

Just because it looks like cocaine or codeine doesn’t mean it actually is. The prosecution has to prove that a confiscated substance is in fact the illicit drug it claims it is by sending the evidence to a crime lab for evaluation. The crime lab analyst then must testify during trial in order for the prosecution to win its case.

4. Missing Drugs

An experienced attorney will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, officers who lose or fail to produce the actual drugs risk having their case dismissed. Seized drugs often get transferred numerous times before ending up in the evidence locker, so a criminal attorney should never assume that the evidence still exists during trial.

5. Drugs were Planted

This can be difficult to prove, since a police officer’s sworn statements carry tremendous weight in the courtroom. Moreover, fellow officers may be unwilling to blow the whistle on a fellow officer. However, a skilled attorney can file a motion that could require the department to release an officer’s complaint file. Complaint files contain the names and contact of information of those who may have made similar complaints, who can then be interviewed by your attorney or a private investigator.

6. Entrapment

While law enforcement is free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime they otherwise may not have committed. If an informant presses a suspect into passing drugs to another party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.

7. Medical Marijuana Exception

The medical marijuana exception is never a defense in federal court but may be in states where medical marijuana has been legalized. States with such exceptions to marijuana laws typically require a doctor’s signed recommendation. But some of those states also provide for an affirmative defense by those arrested on marijuana possession charges that are able to show clear and convincing evidence of medical necessity.

Call 713-562-8700 right now and speak with Houston drug attorney Korey Huff and receive a free quote. 

Texas Possession of Controlled Substance Charges

Are you looking for a qualified Houston drug attorney for possession of controlled substance charges in Texas? Criminal defense lawyer Korey Huff of The Huff Law Firm has over 13 years of experience defending possession of controlled substance charges in Houston and Fort Bend. If you have been accused of possession of a controlled substance, call Houston drug lawyer Korey Huff for a free evaluation.

Houston Drug Attorney Defends Cocaine Drug Possession Cases

Section 481.115 of the Texas Health and Safety Code lists the penalties for possession and delivery of cocaine. Hiring a skilled Houston drug lawyer to defend your cocaine drug possession charge helps your chances of getting the drug case dismissed. A knowledgeable drug defense attorney will understand how to properly apply for substitute punishments like pretrial intervention, one alternative to jail time. Call Houston drug lawyer Korey Huff of The Huff Law Firm. Our Criminal Defense Lawyers are here to defend your cocaine possession charge right now.

Prescription Drug Possession Lawyer

Looking for an experienced Houston drug lawyer for possession of controlled substance charges? Criminal defense lawyer Korey Huff has more than 13 years of experience defending possession of controlled substance charges in Houston. If you or someone you know has been charged with possession of a controlled substance, call Houston drug lawyer Korey Huff for a free evaluation.

Hiring a skilled drug lawyer to defend your cocaine possession charge significantly increases your chances of getting your charge dismissed. Only an experienced drug defense attorney will know how to properly apply for alternative punishments like pretrial Intervention and Diversion, one alternative to jail time. Call Criminal Defense Attorney Korey Huff to defend your prescription possession case today.

Answers to Frequently asked Drug Charge Questions

WILL I GO TO JAIL?

The penalty ranges for drug charges in Texas vary from no jail time up to 99 years in prison. However, with the help of an experienced Houston Drug Lawyer, most 1st time offenders can avoid jail time in Harris and Fort Bend County. Factors both Assistant District Attorneys and Judges consider when determining jail time include 1.) number of prior offenses, 2.) level of prior offenses, 3.) years between prior and current offenses, and 4.) whether anyone was seriously injured. The lower your responses are to theses factors; the lower your chances are of doing jail time. Only an experienced drug defense attorney will know how to properly apply for alternative punishments like pretrial Intervention and Diversion, one alternative to jail time. Call Houston Drug Lawyer Korey Huff to defend your drug charge today.

WILL THIS STAY ON MY RECORD?

There are a number of ways to keep a criminal offense off your record. Here are 2 of the most common ways to keep a conviction off your record. 1.) request a nondisclosure, 2.) obtain an expunction. Notably, if a charge becomes a conviction, it cannot be removed from your record. For example, if you violate your probation deferred adjudication, you charge is at risk of becoming a conviction. However, if you get your case dismissed, deferred, dropped, or obtain a not guilty verdict, you may be eligible to have your record expunged or non-disclosed. This will protect your record and your good name. Only an experienced drug defense attorney will know how to properly apply for alternative punishments like pretrial Intervention and Diversion, one way to keep a conviction off your record. Call Houston Drug Lawyer Korey Huff to defend your drug charge today.

WHAT RIGHTS DO I HAVE IF I HAVE BEEN CHARGED WITH A DRUG CRIME?

You have the right to remain silent. Do not give a statement to law enforcement officials without your attorney present. You also have the right to have an attorney present during questioning. We understand you may want to cooperate and that can be good under some circumstances. But the best way to protect yourself initially is to exercise your right to remain silent, and to have an attorney present during questioning. Next, contact Houston Drug Lawyer Korey Huff, so that he can thoroughly review your case and advise you how he will proceed with your defense.

WHAT ARE THE MOST COMMON TYPES OF DRUGS INVOLVED IN DRUG CRIMES?

Ecstasy, cocaine, meth, heroin and marijuana are the most common types of drugs involved in Houston drug crime arrests.

WHAT ARE THE MOST COMMON DRUG CHARGES PEOPLE FACE IN HOUSTON?

There are many of charges arising from drug crimes, and they involve all types of individuals, from all walks of life. From cases involving those who have become addicted to street drugs or pharmaceuticals, to the cases involving accusations of trafficking, either large or small amounts, to cases of tourist s who have been caught in the net of the criminal justice system. Our firm has experience with representing clients facing all manner of drug charges and we are here to help you.

WHAT HAPPENS IF I HAVE BEEN ARRESTED FOR A DRUG CRIME IN HOUSTON, BUT I DO NOT LIVE IN HOUSTON?

Many people come to Houston for business or vacation. Hotel-sponsored pool parties and night clubs are popular destinations for tourists who are in the city to enjoy a good time. Unbeknownst to most people, they are also closely monitored for drugs, by event security and law enforcement. As a result, numerous pool party arrests and night club arrests take place on every week. If you or a loved one has been arrested for a drug crime, but you do not live in Houston, you are undoubtedly extremely concerned. Our legal team can assist you. In many cases, we have even been able to resolve cases without the client needing to return to Houston. Only an experienced Houston drug defense attorney will know how to properly apply for alternative punishments like pretrial Intervention, Diversion, restitution & dismiss, class & dismiss, and DWI/DUI pre-trial intervention, one way to handle your case if you live outside of Houston and keep a conviction off your record. Call Houston Drug Lawyer Korey Huff to defend your drug charge today.

WHY DO I NEED TO HIRE AN ATTORNEY IF I HAVE BEEN ACCUSED OR ARRESTED FOR A MINOR DRUG CRIME?

Conviction of drug crime charges can severely impact your freedom and your future. A skilled attorney may be able to ensure your case is properly handled so that it does not remain on your record and ruin your good name. If you have been arrested for a drug crime, you are advised to hire an attorney who will be on your side and working to protect your rights. The attorneys at our firm are knowledgeable in all aspects of drug crimes and understand the laws surrounding drug crimes in the state of Texas. We will be able to thoroughly analyze your case, advise you of your legal options, and provide you with the representation you need to fight back. Only an experienced drug defense attorney will know how to properly apply for alternative punishments like pretrial Intervention and Diversion, one way to keep a conviction off your record. Call Houston Drug Lawyer Korey Huff to defend your drug case today.

Drug / Narcotics Charges

Houston Drug Attorney, Korey Huff understands that Drug crimes in Houston can result in very serious penalties, including jail or prison time, fines, a criminal record, driver’s license suspensions or the loss of driving privileges, an inability to pursue certain professional occupations, and/or a refusal to be admitted to certain college or graduate school programs.

Notably, drug crimes are often punishable as federal offenses, in addition to state offenses. Federal drug crimes generally result in lengthier prison sentences and steeper fines. Therefore, it is essential to hire an experienced Fort Bend & Houston Drug Attorney to help you achieve the lightest possible sentence if you are convicted of a drug crime, or to have your charges reduced or dismissed altogether.

Drug Possession Lawyer in Houston Tx

If you have been accused of a drug crime in Houston, Fort Bend, or any of the surrounding areas in Texas Contact The Huff Law Firm.

Fort Bend & Houston Drug Attorney Attorney Korey Huff is knowledgeable in all areas of Texas’ drug laws and will make every effort to fight the allegations against you. Call The Huff Law Firm for a free consultation at (713) 562-8700 about your alleged drug offense.

Texas Controlled Substance Penalty Groups

Under the Texas Controlled Substances Act, controlled substances, including medications, chemicals, medications without prescriptions, prescription pills, street drugs, narcotics, stimulants, hallucinogens, depressants, man-made substances and natural substances are classified into four different penalty groups. According to the Texas Health and Safety Code §§ 481.101 – 105, these penalty groups are used to establish punishments for criminal drug offenses.

• Penalty Group I (PG-1) – Examples of substances in this group include, but are not limited to heroin, methamphetamines, codeine, methadone, morphine, oxycodone, oxycontin, uppers, stimulants, speed, hydrocodone, GHB, the Date Rape Drug, Gamma-hydroxybutyric acid, ketamine, Special K and cocaine.
• Penalty Group I-A (PG-1-A) – The only substance in this group is LSD or Lysergic acid diethylamide.

• Penalty Group II (PG-2) – Examples of substances in this group are Psilocybin, cathinone, magic mushrooms, bath salts, MDMA/ecstasy, and other hallucinogens.

• Penalty Group III (PG-3) – Examples of substances in the group can include Xanax, Valium, Lysergic acid, Zolpidem, Ambien, and drugs containing small amounts of narcotics.

• Penalty Group IV (PG-4) – Examples of substances in this penalty group include substances with limited quantities of narcotics but also contain one or more non-narcotic active medical ingredient.

Drug Offenses in Texas

Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substance Act, defines all drug crimes and punishments throughout Houston. Some of the most commonly charged controlled substance offenses in Houston can include any of the following:

• An individual can be charged with possession of a controlled substance (POCS) under sections 481.115 through 481.118 of the Texas Health and Safety Code if they knowingly or intentionally possess a controlled substance without prescription from an individual licenses to practice medicine in the state. Penalties for this offense depend on the amount of the substance in the alleged offender’s possession.

• According to Texas Health and Safety Code § 481.112, an individual can be charged with possession of drug paraphernalia if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, storing, restoring, containing or concealing a controlled substance, or to introduce the substance into the human body. This offense is punishable as a Class C misdemeanor.

• As defined in sections 481.112 through 481.114 of the Texas Health and Safety Code, an individual can be charged with possession of drugs with the intent to distribute if they knowingly possess any controlled substance listed in Penalty Groups I through IV with the intent to intent to a deliver or distribute the substance.  The penalties for this offense can vary, depending on the amount of the substance possessed by the alleged offender and the penalty group the substance is classified in.

• According to sections 481.112 through 481.114 of the Texas Health and Safety Code, and individual can be charged with drug manufacturing if they knowingly manufacture a controlled substance listed in Penalty Groups I through IV. The penalties for this offense can vary depending on the penalty group the substance is classified in and the amount of the substance manufactured.

• An individual can be charged with drug trafficking, according to the Texas Health and Safety Code §§ 481.112 – 481.114, if they knowingly traffic a substance classified in Penalty Groups I through IV. This offense usually involves a large quantity of drugs and a number of controlled substance offenses, such as drug manufacturing, drug delivery or possession of a controlled substance with the intent to a deliver. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under.

Penalties in Houston for Drug Crimes

Chapter 12 of the Texas Penal Code defines the basic penalties for drug crimes throughout Houston. However, these penalties can increase, depending on a variety of factors, such as:

• Whether the alleged offender carried a weapon during the commission of the offense;
• Whether the offense involved a child under the age of 18;
• The quantity of the substance;
• What penalty group the substance was classified under;
• Whether the offense caused death or serious bodily injury to another person; and
• Whether the alleged offender has any previous criminal history.

The statutory provided penalties for misdemeanor and felony drug offenses in Texas are as follows:

• A Class B misdemeanor drug conviction can result in a jail sentence up to 180 days and/or a fine not more than $2,000.
• A Class A misdemeanor drug conviction can result in a jail sentence up to one year and/or a fine up to $4,000.
• A state jail felony drug conviction can result in a jail sentence ranging from 180 days to two years and/or a fine not more than $10,000.
• A felony of the third degree drug conviction can result in a prison sentence from two to ten years and/or a fine up to $10,000.
• A felony of the second degree drug conviction can result in a two to 20 year prison sentence and/or a fine not more than $10,000.
• A felony of the first degree drug conviction can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine not more than $10,000.
• A life felony drug conviction can result in five years to 99 years in prison or life imprisonment and/or a fine not more than $250,000.

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