Drug Possession Attorney in Waco, Texas

The Texas Health and Safety Code sorts controlled substances into penalty groups, and the group and weight set the offense level. Marijuana has its own offense outside those groups. THC concentrates and vape oils fall in a separate group where even a small amount is generally a felony. Penalty Group 1 drugs, including cocaine and methamphetamine, are felonies in any amount.

Prosecutors do not need to see a sale to charge delivery. Scales, baggies, cash, phone messages or a larger quantity can turn simple possession into possession with intent to deliver, which generally carries a higher punishment range. We examine whether that evidence shows intent or only possession and challenge charges that overreach.

Possession means care, custody, control or management of the substance, and the state must also prove you knew it was there and knew what it was. Drugs found in a shared car or house raise real questions about who possessed them. Texas courts look for specific facts linking you to the substance.

Many drug cases begin with a traffic stop on Interstate 35 or Highway 6. The officer needed a lawful reason to stop you, to extend the stop and to search the car or your home. Consent must be voluntary and a warrant needs probable cause. Where the search raises constitutional problems, we can ask the court to suppress the evidence.

Depending on the charge and your record, a case may qualify for pretrial diversion, deferred adjudication or a drug court program. Each has its own requirements and effect on your record, and some options close once a plea is entered. We explain what each path means so your decision is an informed one.