Possession of a Controlled Substance

Possession of a Controlled Substance

Drug crimes face a varying degree of severity dependent on the substance, amount, location, and a myriad of other factors, but one thing remains constant: law enforcement takes drug crimes incredibly seriously. This is especially true in Texas, a place where drug crimes are no laughing matter. In fact, if you have been arrested on the suspicion of drug possession or trafficking, you should retain a seasoned Woodlands criminal defense attorney without delay. Why? Because any failure to do so could expose you to immense charges and harsh punishments.

No matter what the charge—from simple drug possession to drug trafficking and conspiracy—there are many different types of drug-related offenses and all of them carry substantial consequences. These consequences are dependent on the classification of the specific offense and can vary greatly, however, based on the perceived severity of the crime in the eyes of the legal system. Some of the common classifications for drug-related crimes are:

  • Class B misdemeanor: up to 180 days in jail and up to a $2,000 fine
  • Class A misdemeanor: up to one year in jail and up to a $4,000 fine
  • State jail felony: Up to two years in state jail and $10,000 in fines
  • Third degree felony: Up to 10 years in prison and $10,000 in fines
  • Second degree felony: Up to 20 years in prison and $10,000 in fines

As you can clearly see, the legal system (especially Texas specifically, as we already mentioned) does not take drug crimes lightly, and neither should you. This is for several different reasons. While misdemeanors carry punishments that can set your life back substantially in terms of time and finances, a felony possession charge could very well endanger your personal liberty for years to come, forever altering the course of your life. Even further, the complexity and variety of drug-related charges can be overwhelming and, quite frankly, impossible for an inexperienced or untrained individual to understand and navigate.


My job to understand the intricacies of the state’s criminal law statutes and provide you with the best possible guidance for your unique situation—in other words, it’s not your job to know the ins-and-outs, it’s ours. We pledge to do everything in our ability and utilize our extensive expertise and experience to secure the reduction or dismissal of your charges. No matter what charges you’re facing, it’s important that you never feel you have to go at it alone. You need legal professionals on your side to give you a fighting chance. Nelson Defender can be that professional for you.

Although the penalties for “Penalty Group One” substances like heroin and methamphetamine tend to be harsher than those for marijuana or prescription drugs, retaining a lawyer for any and every drug-related charge that you might face is easily the best and smartest move. Why is that? Because otherwise, you will be subject to a legal system that views you as a case number, not a human being with unique circumstances and societal value. Nelson Defender see you as a human being with a story, a life, and actively in need of professional, legal assistance—we don’t (and never will ) see you as just another person facing a drug charge.

If you have been arrested with drugs and face criminal charges, contact the law offices of Erik Nelson today at 281-459-0701 immediately. We will thoroughly review the specifics of your case, develop a comprehensive plan with you, mount an aggressive defense to protect your rights, and ensure that your case reaches a favorable conclusion.

Lately, it seems like marijuana is always making the news headlines. From the latest research to athletic scandals to good old debates, it is a topic of constant conversation. This is nothing new, either, as the controversy over the drug has been going strong for decades. In fact, during the past twenty years, marijuana has become legal for medical use in about 20 states. Some states have even legalized the drug for recreational usage, and truthfully, more states will likely continue joining this long list with each passing year.

In many states, however, (like Texas, for example, as you probably are already aware) marijuana is still deemed a banned substance for medical and recreational use. Of course, this legal status holds true in Texas, where marijuana-related crime prevention is not only prioritized by law enforcement but is also reinforced by a legal system that frequently hands down harsh punishments for those who violate the state’s rules. In fact, the consequences for those who use, possess, distribute, cultivate, or traffic marijuana within the state’s borders may include harsh fines and even lengthy prison sentences.

The punishments for marijuana-related crimes vary dependent on what classification they fall under. To this end, Texas law identifies several distinct marijuana crimes. These include:

  • Simple possession
  • Possession with intent to distribute
  • Marijuana trafficking
  • Marijuana cultivation
  • Marijuana-related DWI

With so many classifications—and other factors on top of them—navigating marijuana laws in Texas is no small task. In fact, attempting to understand all the intricate ins-and-outs of the Texas marijuana laws are downright tricky. If you find yourself facing marijuana-related charges in Texas, it is vital that you retain an experienced and well-versed attorney who can help you dissect and understand exactly what you are up against, then develop and execute a comprehensive plan to reduce or eliminate your sentence. This only becomes more important when you consider the fact that Texas is a “zero-tolerance” state when it comes to prosecuting marijuana-related offenses.

In fact, if you are arrested for marijuana possession, you will be charged with a misdemeanor or felony depending on the weight of the drug. The breakdown of this scale is as follows:

  • 2 ounces or less – Class B misdemeanor
  • More than two ounces, but less than four ounces – Class A misdemeanor
  • More than four ounces but less than five pounds – State jail felony
  • More than five pounds, but less than 50 pounds – Third-degree felony
  • More than 50 pounds, but less than 2,000 pounds – Second-degree felony
  • More than 2,000 pounds – First-degree felony

Clearly, marijuana crimes are not taken lightly in the state of Texas. The punishments associated with each degree of violation only emphasizes this fact. Class A misdemeanors can carry fines of as much as $4,000 and may require convicts to spend up to a year in county jail. State jail felonies can carry fines of up to $10,000 and jail terms of 180 days to two years. More serious felonies can involve fines of up to $50,000 as well as lengthy prison terms of two-to-99 years.

We see you as human being with a story, a background, a life to live—never as just another person dealing with a drug charge. We’re here to help you along your way to navigate through Texas’ intricate laws and deal head-on with any charges you might face.

With punishments being so harsh, employing the assistance of a trained legal professional is absolutely paramount if you are facing any type of marijuana-related charges. If you find yourself in a situation such as this, contact Erik Nelson at 281-459-0701 immediately to schedule a free consultation. Our experienced Woodlands marijuana attorneys will thoroughly review the facts of your case, conceive the best possible plan of action, and fight aggressively to secure a favorable outcome for you and your family.



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