Felony Drug Charges

It’s an unfortunate fact that Texas has some of the strictest drug laws in the nation. Many nonviolent citizens are sentenced to lengthy prison terms for possessing or selling controlled substances. Not to mention the collateral consequences a drug offense could have on your career, education, or housing situation.

A felony drug charge could rearrange your whole life. If you’re convicted, you could spend years behind bars. When it comes to your future, you shouldn’t take any chances. If you or someone you know has been charged with a felony drug crime, it’s imperative you gain legal representation.

Attorneys for Felony Drug Charges in Houston, Texas

Have you been arrested for a felony drug crime recently? It is crucial for you to contact the attorneys at Tyler Flood & Associates, Inc.. Our attorneys have years of experience representing people with drug allegations. We can address your charges, uncover legal options and create a strong defense for your case.

Contact us today at (713) 224-5529 and schedule a case evaluation. We will analyze your charges to assess what the best possible option is for you. Tyler Flood & Associates, Inc. defends people accused of drug crimes throughout the Harris County area including Houston, Pasadena, Bellaire and West University Place.

Overview of Felony Drug Crimes in Texas

Penalty Drug Groups in Texas
Felony Charges for Possessing Drugs in Texas
Felony Charges for Selling or Manufacturing Drugs in Texas
Additional Resources

Penalty Drug Groups in Texas

Texas classifies drugs under penalty groups through the Texas Controlled Substances Act. The penalty group divides controlled substances by their potential for addiction and their usage in the medical field. Texas law uses these penalty groups to determine the penalties of a drug offense.

Listed below are the four penalty groups used in Texas law.

Penalty Group 1 – Drugs under penalty group 1 have a very high risk of addiction. They also don’t serve a purpose in the medical field. Some drugs found under penalty group 1 include heroin, cocaine, oxycodone and methamphetamine (meth).
Penalty Group 1-A – This penalty group is reserved only for lysergic acid diethylamide (LSD), which is a hallucinogen usually taken in unit tabs. It can create a chemical dependency and has no use in medical practice.
Penalty Group 2 or 2-A – Controlled substances under this group can lead to chemical dependency. The majority of these drugs serve absolutely no medical purpose. Some drugs under penalty group 2 or 2-A include synthetic THC, MDMA, ecstasy, phencyclidine (PCP) and mescaline.
Penalty Group 3 – Some drugs under penalty group 3 can be used by doctors and medical personnel. They also have a moderate possibility of addiction if used too often. Some under penalty group 3 are Tramadol, Barbital, zolpidem (Ambien), alprazolam (Xanax) and methylphenidate (Ritalin).
Penalty Group 4 – The drugs under penalty group 4 have little to no risk of chemical addiction. Many drugs used under penalty group 4 are over the counter medications in high doses. Some penalty group 4 drugs include compounds, salts and mixtures of codeine, diphenoxylate and other narcotics.

Felony Charges for Possessing Drugs in Texas

A common crime in Texas is possession of a controlled substance. Texas law states you can be in actual or constructive possession of a drug. Actual possession is when you have the drug on your physical body. For example, if you have marijuana in your pocket then you are in actual possession.

Constructive possession is when you have control or authority of where a controlled substance is. This means you don’t have to be physically holding drugs to be charged with possession. In fact, the drugs don’t even have to be anywhere near your person. An example of constructive possession is if you had a lockbox filled with cocaine and only you possessed the key. If law enforcement found the cocaine, then you would be charged with constructive possession of cocaine.

Listed below are the felony charges for possessing drugs in Texas.

Felony Possession Charges for Penalty Group 4

Penalty Group	Sentence	Weight (Grams)	Prison or Jail Term	Maximum Fine
Group 4	Third-Degree Felony	28 grams or more, but less than 200 grams	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	200 grams or more, but less than 400 grams	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	400 grams or more	Minimum of five years and maximum of life in prison	Up to $50,000

Felony Possession Charges for Penalty Group 3

Penalty Group	Sentence	Weight (Grams)	Prison or Jail Term	Maximum Fine
Group 3	Third-Degree Felony	28 grams or more, but less than 200 grams	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	200 grams or more, but less than 400 grams	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	400 grams or more	Minimum of five years and maximum of life in prison	Up to $50,000

Felony Possession Charges for Penalty Group 2 or 2-A

The primary drug under penalty group 2 is hallucinogens. Some drugs that are considered hallucinogens would be MDMA and psilocybin (mushrooms). While penalty group 2 is reserved for mostly hallucinogens, penalty group 2-A focuses on synthetic cannabinoids. These are also referred to as K2 or spice and can sometimes be found in general stores.

Penalty Group 2:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 2	State Jail Felony	Under 1 gram	Up to 180 days in state jail	Up to $10,000
	Third-Degree Felony	1 gram or more, but less than 4 grams	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	4 grams or more, but less than 400 grams	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	Over 400 grams	Minimum of 5 years and a maximum of life in prison	Up to $50,000

Penalty Group 2-A:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 2 -A	State Jail Felony	4 ounces or more, but less than 5 pounds	Up to 180 days in state jail	Up to $10,000
	Third-Degree Felony	More than 5 pounds, but less than 50 pounds	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	Over 2,000 pounds	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	Over 400 grams	Minimum of 5 years and a maximum of life in prison	Up to $50,000

Felony Possession Charges for Penalty Group 1 or 1-A

Substances that are found under penalty group 1 have the greatest risk of dependency. They also carry the harshest penalties. Possessing even trace amounts of a penalty group 1 drug will result in felony charges. Penalty group 1-A is also associated with heavy penalties and is solely reserved for lysergic acid diethylamide (LSD). In addition, LSD is measured in unit tabs instead of grams, ounces, or pounds.

Penalty Group 1-A:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 1-A	State Jail Felony	Less than 20 units	Up to 180 days in state jail	Up to $10,000
	Third-Degree Felony	More than 20 units, but less than 80	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	More than 80 units, but less than 4,000	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	More than 4,000 units, but less than 8,000 units	Minimum of 5 years in prison, and a maximum of life in prison	Up to $10,000
	First-Degree Felony	Over 8,000 units	Minimum of 15 years in prison, and a maximum of life in prison	Up to $250,000

Penalty Group 1:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 1	State Jail Felony	Less than 1 gram	Up to 180 days in state jail	Up to $10,000
	Third-Degree Felony	More than 1 gram, but less than 4	Up to 10 years in prison	Up to $10,000
	Second-Degree Felony	More than 4 grams but less than 200	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	More than 200 grams, but less than 400 grams	Minimum of 5 years in prison, and a maximum of life in prison	Up to $10,000
	First-Degree Felony	Over 400 grams	Minimum of 10 years in prison, and a maximum of life in prison	Up to $100,000

Felony Charges for Selling or Manufacturing Drugs

Texas law enforcement has been known to conduct sting operations to find drug dealers or manufacturers. Many police officers will go undercover and even follow your whereabouts, so they can catch you delivering drugs. If you’re arrested for selling or manufacturing a controlled substance, you may want to be prepared for some heavy penalties.

You are only authorized to manufacture or sell a controlled substance if you are licensed in a relevant scientific or medical field. Selling or manufacturing a controlled substance can land you in some hot water. Texas groups the charges for selling, delivering or manufacturing controlled substances under the same statute. Delivering, selling or manufacturing a drug will likely result in felony charges.

Felony Delivery of Manufacturing Charges for Penalty Group 3 & 4

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 3 or 4	State Jail Felony	Under 28 grams	Up to 180 days in state jail	Up to $10,000
	Second-Degree Felony	28 grams or more, but less than 200 grams	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	200 grams or more, but less than 400	Minimum of 5 years and a maximum of life in prison	Up to $10,000
	First-Degree Felony	400 grams or more	Minimum of 10 years and a maximum of life in prison	Up to $100,000

Felony Delivery of Manufacturing Charges for Penalty Group 2 & 2-A

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 2 and 2-A	State Jail Felony	Less than 1 gram	Up to 180 days in state jail	Up to $10,000
	Second-Degree Felony	1 gram or more, but less than 4 grams	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	More than 4 grams, but less than 400	Minimum of 5 years and a maximum of life in prison	Up to $10,000
	First-Degree Felony	400 grams or more	Minimum of 10 years and a maximum of life in prison	Up to $100,000

Felony Delivery of Manufacturing Charges for Penalty Group 1 & 1-A

Penalty Group 1-A:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 1-A	State Jail Felony	Less than 20 units	Up to 180 days in state jail	Up to $10,000
	Second-Degree Felony	20 or more units, but less than 80	Up to 20 years in prison	Up to $10,000
	First-Degree Felony	80 or more units, but less than 4,000	Minimum of 5 years in prison, and a maximum of life in prison	Up to $10,000
	First-Degree Felony	Over 4,000 units	Minimum of 15 years in prison, and a maximum of life in prison	Up to $250,000

Penalty Group 1:

Penalty Group	Sentence	Weight (Grams)	Prison Term	Maximum Fine
Group 1	State Jail Felony	Less than 1 gram	Up to 180 days in state jail	Up to $10,000
	Second-Degree Felony	1 gram or more, but less than 4 grams	Up to 20 years in prison	Up to $10,000
	Fist-Degree Felony	4 grams or more, but less than 200	Minimum of 5 years in prison, and a maximum of life in prison	Up to $10,000
	First-Degree Felony	200 grams or more, but less than 400 grams	Minimum of 10 years in prison, and a maximum of life in prison	Up to $100,000
	First-Degree Felony	Over 400 grams	Minimum of 15 years in prison, and a maximum of life in prison	Up to $250,000

Additional Resources

HPD Narcotics Division – Visit the official website for the Houston Police Department (HPD) to learn more about their narcotics division. Access the site to learn more about their multifaceted strategies to suppress the use of drugs on Houston streets.

Drug Schedules – Visit a document provided by Texas Health and Services to learn more about drug schedules. The Federal Controlled Substances Act (CSA) introduced drug schedules across the nation. Texas builds their penalty groups off these schedules. If you’re charged in a federal court, then your charges would be determined by drug schedules instead of penalty groups.

Lawyers for Felony Drug Charges in Houston, Texas

If you or someone you know has been charged with a felony drug crime, it’s crucial you contact an experienced attorney. Find that attorney today with Tyler Flood & Associates, Inc.. We focus on criminal defense and have a passion for protecting people’s rights.

Call today at Tyler Flood & Associates, Inc. for a case evaluation. Tyler Flood & Associates, Inc. represents clients throughout the greater Harris County area including River Oaks Bellaire, Pasadena, and Houston

This article was last updated on March 7th, 2019.

CLIENT TESTIMONIALS

CERTIFIED

    
 
 
        
   Robert Henderson 
 December 22, 2023.
 
 
  I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
  
 
       
   Zeta Ze 
 December 15, 2023.
 
 
  Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case.  Mr. Flood saved my license from being suspended in a non-refusal weekend.  In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm.  Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again.  As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started.  Mr. Flood knew the law better than the arresting officer and Prosecutors.  Even the judge was impressed and paid him a compliment after the dismissal.  In my opinion, if you want a fighting chance, hire Mr. Flood and his firm.  Mr. Flood genuinely cares about all his clients and does not merely see you as a customer.  He and his team are always working on your case.  Trust his process.  They are absolutely the BEST.
  
 
       
   briana Munoz 
 December 5, 2023.
 
 
  Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
  
 
       
   A D 
 October 19, 2023.
 
 
  When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five
stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
  
 
       
   Dylan 
 October 12, 2023.
 
 
  Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
  
 
       
   Cesar Ricardez 
 October 3, 2023.
 
 
  I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
  
 
       
   M J 
 September 14, 2023.
 
 
  Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
  
 
       
   John Sellers 
 August 31, 2023.
 
 
  Houston DUI/DWI attorney Tyler Flood is the guy to go to!!  I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!!  Well worth it!!  They are organized and efficient, kept me informed of what was going on and answered all my questions.  I have shared with my friends and definitely recommend to anyone.
  
 
       
   texasdiamonds 
 August 29, 2023.
 
 
  Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person.  If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case.  Seriously, this guy NEVER sleeps!  Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge.  If you choose to work with him, he will work with you to be successful!  Tyler Flood is AWESOME!
  
 
       
   Trey Perrett 
 August 14, 2023.
 
 
  Words cannot express what a dominating  lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment,  I was overcome  with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case.  They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W.  I strongly recommend having Tyler Flood in your corner because he delivers.

VIEW MORE TESTIMONIALS

Robert Henderson

December 22, 2023.

I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.

Zeta Ze

December 15, 2023.

Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.

briana Munoz

December 5, 2023.

Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.

A D

October 19, 2023.

When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.

Dylan

October 12, 2023.

Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!

Cesar Ricardez

October 3, 2023.

I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.

M J

September 14, 2023.

Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.

John Sellers

August 31, 2023.

Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.

texasdiamonds

August 29, 2023.

Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!

Trey Perrett

August 14, 2023.

Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.