4940 Broadway St, Suite 130
San Antonio, TX 78209
4940 Broadway St, Suite 130
San Antonio, TX 78209
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A drug charge in Texas can range from a Class B misdemeanor to a first-degree felony carrying life in prison. Where your case lands depends on what the substance is, how much of it there was, whether the State says you intended to sell it, and your criminal history. Each of those points can be challenged.
Brian T. Powers is a former police officer, former felony prosecutor, and former magistrate judge. He has seen drug cases from the traffic stop to the courtroom, and he now defends people charged with drug and controlled substance offenses in San Antonio and Bexar County.
Most drug offenses are charged under the Texas Controlled Substances Act in Chapter 481 of the Health and Safety Code. The Act sorts drugs into penalty groups, and each group has its own punishment scale based on weight.
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days to 2 years in state jail |
| 1 to less than 4 grams | Third-degree felony | 2 to 10 years in prison |
| 4 to less than 200 grams | Second-degree felony | 2 to 20 years in prison |
| 200 to less than 400 grams | First-degree felony | 5 to 99 years or life |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years or life |
Most of these levels also carry a fine of up to $10,000, with higher fines possible for the largest amounts.
Delivery, manufacturing, and possession with intent to deliver carry higher punishment ranges than simple possession for the same amount. Prosecutors often try to prove intent from circumstances: scales, baggies, large amounts of cash, quantity beyond personal use, or messages on a phone. Those facts are frequently open to another explanation, and the difference can move a case several levels.
Think of a drug charge as a bus ride from the arrest to the end of the case. At every stop there is a chance to win, reduce, or reshape the case.
Did police have reasonable suspicion or probable cause to stop you? That might be a traffic violation, or an officer observing specific, articulable facts that justified detaining you or patting you down. If the stop was not lawful, the evidence that followed may be suppressed.
Did the officer have the legal authority to search? Was there probable cause, a warrant, a valid inventory search after a tow, or did you give consent? Every search has to fit a legal justification. If it does not, a motion to suppress can knock out the drugs entirely.
Being near drugs is not enough. When you were not in sole control of the place where the drugs were found, Texas law requires the State to show affirmative links between you and the drugs. A shared car, a company vehicle driven by many people, or a house with several residents all raise real questions. Statements you made to police are often how the State tries to fill that gap, which is one more reason to stay silent.
Was there a scale nearby? Baggies? A quantity that the State says is more than personal use? These are the facts that separate simple possession from intent to deliver, and they can mean the difference between a lower felony and a much higher one.
It is common to be charged at a higher level than the case ends up at. A field weight often includes the packaging. When the lab weighs the substance itself, the number can drop, and a few tenths of a gram can move a case from one tier to the next. We check the lab report, how the sample was handled, and whether the testing supports the charge.
Your record matters at the end of the ride. A first-time charge from someone with a steady job and family is approached very differently from a case involving several prior convictions. Prior felony convictions can also enhance the punishment range.
Depending on the charge and your history, there may be alternatives to a conviction:
Whether any of these fit your case depends on the facts. Learn more about clearing a record on our expunctions and non-disclosures page.
The sentence is only part of it. A drug conviction can lead to:
We start with your account, then get the State's evidence: offense reports, body camera and dash camera video, search warrants and affidavits, lab reports, and chain-of-custody records. From there we look at every stop on the ride. Was the stop lawful? Was the search lawful? Can the State link you to the drugs? Does the lab weight hold up? Does the evidence actually show intent to deliver? Your history and personal circumstances shape the negotiation and the options we push for.
As a former prosecutor, Brian Powers knows how the State evaluates drug cases and what moves a case toward dismissal, diversion, or a reduction. As a former police officer and magistrate judge, he knows how searches and warrants are supposed to work and where they go wrong.
Yes, you can be charged, but the State must link you to the drugs beyond simply being nearby. Lack of affirmative links is a common defense.
For Penalty Group 1 drugs like cocaine or methamphetamine, yes. Less than one gram is a state jail felony.
Not always. Consent has to be voluntary, and the search has to stay within what you agreed to. The stop that came before the consent also has to be lawful.
A dismissed case may qualify for expunction. A completed deferred adjudication may qualify for nondisclosure. A conviction usually cannot be expunged.
If you are facing a drug or controlled substance charge in San Antonio, call Brian Powers Law at (210) 222-9446 for a free consultation. We will walk through every stop on your case and what can be done at each one.