Charged With Possession in Harris County?
Drug possession charges in Harris County range from a misdemeanor for a small amount of marijuana to a first-degree felony. The charge depends on the type of drug, its penalty group, and the total weight, including any filler.
Penalties
Penalty Group 1 (cocaine, methamphetamine, heroin, and others):
| Amount | Level |
|---|---|
| Under 1 gram | State jail felony (180 days to 2 years) |
| 1 to 4 grams | Third-degree felony (2 to 10 years) |
| 4 to 200 grams | Second-degree felony (2 to 20 years) |
| 200 to 400 grams | First-degree felony (5 to 99 years or life) |
| 400 grams or more | 10 to 99 years or life |
Marijuana:
| Amount | Level |
|---|---|
| 2 ounces or less | Class B misdemeanor (up to 180 days) |
| 2 to 4 ounces | Class A misdemeanor (up to 1 year) |
| 4 ounces to 5 pounds | State jail felony |
| 5 to 50 pounds | Third-degree felony |
THC vape cartridges, wax, and edibles are usually charged under Penalty Group 2, where less than a gram is already a state jail felony. That’s why a vape pen can be charged more harshly than a bag of marijuana. See Possession of Marijuana Edibles.
Possession in a drug-free zone, such as near a school, can raise the minimum punishment.
Harris County Programs for Some Drug Cases
The Harris County District Attorney’s Office has offered programs for some low-level cases, including:
- A pre-charge diversion program for some misdemeanor marijuana cases, which can resolve the case without a charge being filed.
- Responsive Interventions for Change (RIC), which offers treatment through pretrial intervention or deferred adjudication to some people charged with possessing up to 4 grams of a controlled substance.
Eligibility depends on the charge, the amount, and your record, and these programs change over time. A program isn’t always the best option, especially if the search was illegal.
Common Defenses
- An illegal stop or search. If the stop, the detention, or the search wasn’t legal, the evidence can be suppressed.
- Possession. Being near drugs isn’t the same as possessing them. In a shared car or home, the State has to connect the drugs to you specifically.
- Lab testing. The lab must identify the substance and its weight. With suspected marijuana, it has to distinguish legal hemp from marijuana by THC concentration.
- Chain of custody. Evidence has to be tracked from the scene to the lab to the courtroom.
Specific Drug Charges
Talk to a Houston Drug Defense Lawyer
Call (713) 222-1800 for a free consultation, available 24/7. Hablamos español. Chúng tôi nói tiếng Việt.