Conroe Drug Crimes

Texas has some of the harshest drug crime laws in the country. If you’re facing possession, distribution, or trafficking charges, your situation is serious. You need an experienced and aggressive Conroe drug crimes lawyer to assist with your defense right away. 

Work with the Authority on Conroe Drug Crimes, Benton Baker IV, Attorney at Law 

Benton Baker IV, Attorney at Law, focuses his practice exclusively on criminal defense, including drug crime charges. We have extensive experience in representing clients facing everything from possession to trafficking charges successfully in court. He has a deep knowledge of drug crime laws and a reputation for advocating aggressively for our clients’ rights and interests. You can trust us to handle your drug crime case with the seriousness it deserves. 

Reasons to Hire a Drug Crime Lawyer in Conroe 

The Lone Star State had a total of 19,759 convicted drug cases in fiscal year 2024. Of these, 17,023 went to prison, 1,392 were sentenced to state jail, and 1,344 were sentenced to Substance Abuse Felony Punishment. Based on those numbers alone, hiring a Conroe drug crime attorney can significantly improve your chances of being in the latter two of those categories. 

No matter what type of drug charge you are facing, you need to hire a drug crime lawyer to help you defend yourself. A Conroe drug crimes attorney can help you in the ways listed below: 

• File paperwork and keep track of court dates. 

• Understand drug crime laws and their bearing on your case. 

• Protect your constitutional rights. 

• Negotiate a plea deal with the prosecution if you decide to take this route. 

• Represent you in court if you decide to take the case to trial. 

• Avoid the harshest drug crime penalties in the event of a conviction. 

Hiring a drug crime attorney is the most effective way to improve the odds of a successful outcome in your case, whether that means a not-guilty verdict or plea deal, or dropped charges.  

Controlled Substances and Their Penalty Groups 

Texas drug crime laws are codified under the Texas Health and Safety Code, Title 6, Subtitle C, Chapter 481, the Texas Controlled Substances Act. 

Understanding drug crime penalties in Texas can be a bit complex. The state categorizes controlled substances into four different penalty groups, with penalties depending on the type of drug and the quantity involved. A brief explanation of each group is listed below: 

• Penalty Group 1. Penalty Group 1 includes potentially deadly controlled substances like heroin and other opiates, methamphetamine, ketamine, and cocaine. Penalty Group 1-A includes specific hallucinogens, such as LSD. Penalty Group 1-B includes fentanyl and its derivatives. 

• Penalty Group 2. Penalty Group 2 includes most other hallucinogens and other psychoactive drugs, including PCP, mescaline, ecstasy, psilocybin, and synthetic cannabinoids. 

• Penalty Group 3. Penalty Group 3 includes prescription drugs such as oxycodone, benzodiazepines, anabolic steroids, and certain barbiturates, as well as peyote. 

• Penalty Group 4. Penalty Group 4 includes cough medications containing at least 200 milligrams of codeine per 100 grams of syrup. 

Understanding Texas Drug Penalties 

The penalties for drug possession and trafficking vary depending on case details and other factors like those listed below: 

• The type of drug and its Penalty Group 

• The quantity of the drug you had in your possession 

• How the drug was stored or concealed 

• Whether you were found in possession of additional drug paraphernalia 

• Whether you have any past convictions 

Some simple possession drug crimes are tried as Class B misdemeanors. Others are Class A misdemeanors. If you’re convicted of distributing or trafficking a controlled substance, you could face a third, second, or first-degree felony. 

Penalties for misdemeanor drug possession can include up to a year in jail and fines of up to $4,000. For committing a drug felony, you could face life in prison and a fine of up to $250,000. Penalties for trafficking are more complicated. You could be facing different charges depending on the amount of the drug you had in your possession. Some examples of penalties for those found guilty of trafficking in a Penalty Group 1 controlled substance are listed below: 

• Less than one gram. State jail felony 

• Between one and four grams. Felony in the 2^nd degree 

• Between four and 200 grams. Felony in the 1^st degree 

• 200 to 400 grams. Felony in the 1^st degree; punishable by a prison term from 10 years to life and fines of up to $100,000 

• 400 grams or more. Felony in the 1^st degree; punishable by 15 years to life and a fine of up to $250,000 

For Penalty Group 1-B controlled substance trafficking, you could face one of the penalties listed below: 

• Less than one gram. Felony in the 3^rd degree 

• Between one and four grams. Felony in the 2^nd degree 

• Between four and 200 grams. Felony in the 1^st degree; punishable by 10 years to life and a fine of up to $20,000 

• 200 to 400 grams. Felony in the 1^st degree; punishable by 15 years to life and a fine of up to $200,000 

• 400 grams or more. Felony in the 1^st degree; punishable by 20 years to life and a fine of up to $500,000 

For Penalty Group 2 or Group 2-A drugs, you could be charged with one of the sentences listed below: 

• Less than one gram. State jail felony 

• Between one and four grams. Felony in the 2^nd degree 

• Between four and 400 grams. Felony in the 1^st degree 

• 400 grams or more. Felony in the 1^st degree; punishable by 10 years to life and a fine of up to $100,000 

For Penalty Groups 3 and 4, the amounts are different. Depending on how much of a substance you were found in possession of, you could face one of the sentences listed below: 

• Less than 28 grams. State jail felony 

• 28 to 200 grams. Felony in the 2^nd degree 

• 200 to 400 grams. Felony in the 1^st degree 

The laws regarding marijuana are a little different, though punishments for marijuana can be just as harsh. This is especially true if you’re found to be trafficking in large amounts. You can expect the charges listed below that correspond with the amount of drugs you were suspected to be in possession of or trafficking: 

• Less than ¼ oz with no remuneration: Class B misdemeanor 

• Less than ¼ oz with remuneration: Class A misdemeanor 

• ¼ oz to five pounds: State jail felony 

• Five to 50 pounds: Felony in the 2^nd degree 

• 50 to 2,000 pounds: Felony in the 1^st degree 

• More than 2,000 pounds: Felony in the 1^st degree; punishable by a prison term from 10 years to life and fines of up to $100,000 
   

You may be able to minimize the drug crime penalties you face by working with an attorney to get your charges lowered or your sentence reduced. 

Possible Defenses in Drug Crime Cases 

The defense strategy developed by your attorney may vary depending on the circumstances of your case. Some of the most common drug crime defenses are listed below: 

• Lack of knowledge of possession 

• Drugs not intended for human consumption 

• Substances with approved new drug applications under the Federal Food, Drug, and Cosmetic Act (FD&C Act) 

• Conduct in accordance with the FD&C Act 

• Medical marijuana possession 

• Possession of a medication prescribed by a doctor 

• Insufficient quantities of the drug to constitute possession, distribution, or trafficking 

• Issues with crime lab analyses 

• Chain of custody problems 

• Entrapment by law enforcement officers 

You should note that addiction is not a valid defense to charges. However, if you can prove that any quantity of drugs was found in your possession during an unlawful search and seizure, that constitutional rights violation could allow your attorney to have the evidence precluded from consideration, leaving the prosecution without a way to move forward with your case. 

As a general rule, substances found in plain view can be seized and used as evidence. However, law enforcement officers need warrants or permission to search vehicles, homes, and other private areas. 

Preparing for Your Day in Court 

If you go to trial for a drug crime in Conroe, your case is handled by the Montgomery County Courthouse, located at 301 N Main Street in Conroe. Where, exactly, your case is heard depends on whether you are facing misdemeanor or felony charges and whether you are eligible for the Montgomery County Drug Court. To prepare for your trial, you should engage in the steps listed below: 

• Meet with your lawyer to construct an effective defense. 

• Prepare to testify in your defense, if necessary. 

• Dress appropriately in professional attire to make a good impression. 

• Double-check times and dates of hearings, so you arrive on time for all your court dates. 

• Prepare to maintain your composure throughout the hearing. 

• Discuss alternative sentencing options such as the Montgomery County Drug Court Care Assisted Rehabilitation Experience program. 

Your lawyer can help you fully prepare for court and understand all of your legal options. 

Your Conroe Drug Crimes Lawyer 

Whether you’ve been accused of drug possession, distribution, or trafficking, you need to work with a skilled Conroe drug crimes lawyer to defend yourself against the charges you are facing. The team at Benton Baker IV, Attorney at Law, is qualified and prepared for your case. 

Benton Baker IV, our lead attorney, has been licensed to practice criminal law since 1998. With nearly 30 years of experience and hundreds of jury trials under his belt, he has the necessary resources to defend serious drug crime charges. Mr. Baker has also served on the Bail Bond Board and in Drug Court programs, giving him a unique perspective on and deep familiarity with the local system.  

Contact our office today to schedule an initial consultation regarding your drug crimes case.