Drug Charges

Many drugs—illegal and legal prescription medications—are considered controlled substances under both state and federal law. Every day, residents and visitors alike are arrested in communities throughout Texas for alleged drug abuse violations.

Whether an alleged offender is accused of simple possession or an elaborate drug manufacturing scheme, even a first alleged offense can carry extremely steep penalties. In addition to possible imprisonment and fines, people convicted of drug crimes in the Lone Star State can experience several long-term hardships in employment, housing, or professional licensing matters because of their criminal records.

Lawyer for Drug Charges in Conroe, TX

Were you arrested in Montgomery County or Harris County for any kind of alleged illegal drug crime? You will want to contact Evans & Powell, PLLC as soon as possible for help achieving the most favorable outcome to your case that results in the fewest possible penalties.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent clients charged with controlled substance offenses in communities throughout Montgomery County and Harris County, such as Oak Ridge North, Patton Village, The Woodlands, Pinehurst, Shenandoah, Willis, and many others. Our lawyers will review your case and help you understand all of your legal options when you call (936) 622-2000 to take advantage of a free, confidential consultation.


Montgomery County Drug Crimes Information Center


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Texas Drug Penalty Groups

The Federal Controlled Substances Act (CSA) under Chapter 13 of Title 21 of the United States Code places different controlled substances into one of five classified groups referred to as schedules. State law in Texas also divides illicit drugs into separate categories, although the Texas Controlled Substance Act—established under Chapter 481 of the Texas Health and Safety Code—has six different classifications referred to as Penalty Groups.

The specific Penalty Group that a controlled substance is classified under can impact the seriousness of the criminal charges for alleged drug offenses. Some of the types of drugs included in the six Penalty Groups in Texas include the following:

  • Penalty Group 1 — Under Texas Health and Safety Code § 481.102, Penalty Group 1 includes oxycodone, heroin, cocaine, methamphetamine, and gamma hydroxybutyric acid (GHB);
  • Penalty Group 1-A — Under Texas Health and Safety Code § 481.1021, Penalty Group 1-A includes lysergic acid diethylamide (LSD) and its analogs;
  • Penalty Group 2 — Under Texas Health and Safety Code § 481.103, Penalty Group 2 includes phencyclidine (PCP) and 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly);
  • Penalty Group 2-A — Under Texas Health and Safety Code § 481.1031, Penalty Group 2-A includes materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance;
  • Penalty Group 3 — Under Texas Health and Safety Code § 481.104, Penalty Group 3 includes methylphenidate (Ritalin), zolpidem (Ambien), diazepam (Valium), and alprazolam (Xanax);
  • Penalty Group 4 — Under Texas Health and Safety Code § 481.105, Penalty Group 4 includes compounds, mixtures, or preparations containing limited quantities of narcotics.

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Types of Drug Charges in Montgomery County

The Penalty Group that a controlled substance is classified under is only one factor in determining the criminal charges relating to alleged drug abuse violations. In addition to the type of illegal drug involved in an alleged offense, the nature of the alleged activity can also determine the severity of the criminal charges.

Evans & Powell, PLLC handles a wide variety of illegal drug cases, including:

  • Drug Trafficking;
  • Drug Manufacturing;
  • Prescription Drug Fraud;
  • Ecstasy / MDMA Arrests;
  • Cocaine Charges;
  • Heroin Charges;
  • Methamphetamine;
  • Prescription Drug Fraud;
  • Synthetic Drugs / Synthetic Marijuana;
  • Drug Court; and
  • Federal Drug Charges.

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Drug Charge Defenses in Texas

Many types of alleged controlled substance offenses are the result of ordinary traffic stops when police officers search the person and/or vehicles of alleged offenders. When a person is pulled over for any kind of alleged traffic violation in Texas, it is important for people to remember two very important rights they have: The right to remain silent and the right to refuse consent to any searches.

Law enforcement officials do not have a duty to inform alleged offenders of their rights, so it is critical for people to know what rights they have. In many drug cases, police officers will use an alleged “scent of marijuana” to justify conducting searches without the consent of alleged offenders.

The possible legal defenses that an alleged offender might have against any kind of criminal charges relating to an alleged controlled substance crime will depend on the circumstances surrounding his or her specific arrest, but common defenses in these types of cases include—but are not limited to:

  • Illegal search and/or seizure;
  • Drugs belonged to another person;
  • Entrapment;
  • Unknowing possession;
  • Alleged drug was not actually a controlled substance; or
  • Drugs were planted.

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Texas Drug Charges Resources

Better Late Than Never | Northside Area of Narcotics Anonymous (NA) — NA identifies itself as a nonprofit, international, community-based organization for recovering addicts. It uses a program of complete abstinence from all drugs, including alcohol based on the Twelve Steps set of principles that are used by similar organizations, such as Alcoholics Anonymous (AA). Visit this website for more information about Conroe’s Northside Area of NA, including the times of meetings, which are held at least twice a day, seven days a week.

Better Late Than Never
2030 FM 2854 Rd.
Conroe, TX 77304
(713) 661-4200

Texas Controlled Substances Act — View the full text of the State laws relating to illegal drugs under Chapter 481 of the Texas Health and Safety Code. Find information relating to definitions and schedules. You can also learn more about rules, property forfeiture, administrative penalties, inspections, evidence, and miscellaneous law enforcement provisions.


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Evans & Powell, PLLC | Conroe Drug Charges Defense Lawyer

If you were arrested for any kind of alleged criminal offense involving a controlled substance in Montgomery County or Harris County, it will be in your best interest to immediately retain legal counsel. Evans & Powell, PLLC defends individuals accused of drug crimes in Cut and Shoot, Porter Heights, Magnolia, Woodbranch, Panorama Village, Splendora, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will make every effort to help you achieve the most favorable resolution to your case that results in the fewest possible penalties. Call (936) 622-2000 or submit an online contact form to have our lawyers provide a complete evaluation of your case during a free initial consultation.



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