Possession — Penalty Group 1 & 1-B
Cocaine, heroin, methamphetamine, and opioids, plus fentanyl in Penalty Group 1-B. A felony at any weight — even a residue-level amount under one gram is a state jail felony.
Practice Area — Criminal Defense
Houston Narcotics & Drug Possession Defense Lawyer
In Texas, a substance that fits in your palm can be a felony. Sam R. Cammack III defends possession, delivery, and manufacturing charges across every penalty group — and knows where these cases actually break: the stop, the search, and the lab.
Most drug cases are won on the Fourth Amendment, not the facts. See our case results or meet Sam Cammack III.
3,000+
Dismissals Won
10,000+
Cases Handled
20+
Years in Texas Courts
24/7
Availability
Short answer: how does Texas charge drug possession?
Texas sorts controlled substances into penalty groups under the Texas Controlled Substances Act, then grades the offense by aggregate weight — a number that includes any adulterants and dilutants, not just the drug itself. For Penalty Group 1 substances such as cocaine, heroin, and methamphetamine, possession of less than one gram is a state jail felony; one to four grams is a third-degree felony; four to 200 grams is a second-degree felony; and 400 grams or more carries 10 to 99 years or life. Marijuana runs on a separate, far gentler ladder — two ounces or less is a Class B misdemeanor. Concentrates and edibles do not. THC extracted from the plant is a Penalty Group 2 substance, so a single gram of wax, a vape cartridge, or a tray of gummies — weighed with all its ingredients — is a felony.
Who we are: Sam R. Cammack III is a Houston trial lawyer and former felony prosecutor with 20+ years in Texas courts and 3,000+ dismissals won.
Drug cases are won on the record, not the story
A possession case is unusual among criminal charges: the client's account of what happened often matters less than a four-second window on a dashcam. Almost every Houston drug prosecution begins with a stop, a search, and a lab report — and each of those three is a document that can be attacked. Was there reasonable suspicion for the stop? Was the detention extended past its lawful purpose while officers waited for a dog? Was consent actually given, or merely not refused? Did the analyst follow a validated method?
Those are not technicalities. In a possession case the substance is the case, so evidence excluded before trial usually ends the prosecution entirely. That is why the offense report and body-camera footage get reviewed second by second rather than skimmed.
Sam R. Cammack III served as a felony prosecutor in Harrison County, Texas before two decades defending the accused, and has counseled State Troopers on felony prosecution procedure — which means he knows how these stops are supposed to be conducted and where they routinely go wrong. He is a member of the Texas Criminal Defense Lawyers Association and licensed in good standing with the State Bar of Texas (Bar No. 24014415). Learn more about the firm and team.
Arrested after a traffic stop or a search? Bring us the paperwork before you do anything else. Call 713-224-4444, or request a free case review — then read our case results.
Current as of August 2026
The Texas THC and hemp rules changed on July 31, 2026
If you bought a product legally from a Texas smoke shop last month, it may be a felony to possess it today. This is the single most active area of Texas drug law right now.
Texas spent 2025 and 2026 fighting over consumable hemp. The Legislature passed Senate Bill 3, which would have banned most consumable hemp products; Governor Abbott vetoed it in June 2025 and called for regulation instead. Subsequent bills failed across two special sessions. In the meantime, the Department of State Health Services moved forward with controlled-substance definitions originally adopted in 2021 but blocked by court injunction for nearly five years.
Those definitions took effect July 31, 2026. The practical result is that Delta-8, Delta-10, THCP, THCA and other non-Delta-9 THC isomers are now treated as controlled substances in Penalty Group 2 — which means possession of less than a gram is a state jail felony, and the weight is calculated on the whole product including adulterants and dilutants. Separately, since September 1, 2025, selling a cannabinoid vape is a Class A misdemeanor, and an executive order requires age verification for THC purchases.
Hemp products at or below 0.3% Delta-9 THC by dry weight generally remain lawful for adults 21 and over. But the calculation of "total THC" — and whether THCA that converts to Delta-9 when heated counts toward that threshold — is exactly what is being litigated, and it is what determines whether raw flower is legal product or a felony.
Why people are being arrested for legal purchases
- Field tests cannot tell isomers apart. A roadside reagent kit cannot distinguish lawful Delta-9 hemp from unlawful Delta-8. Officers arrest on a presumptive result.
- The lab method can change the answer. Gas chromatography heats the sample, which can convert THCA into Delta-9 THC during the test itself.
- Receipts do not prevent arrest. A lawful purchase from a licensed Texas retailer is powerful evidence — but it is evidence for court, not a defense at the roadside.
- Weight is the whole product. A 10-gram gummy tin is charged at 10 grams, not at the milligrams of THC inside it.
The Texas Department of State Health Services Consumable Hemp Program states that consumable hemp products must contain no more than 0.3% Delta-9 THC, that only naturally occurring trace amounts of Delta-8 in the hemp plant are exempt from controlled status, and that emergency rules adopted October 2, 2025 prohibit sales to anyone under 21 and require valid government-issued ID.
This area is in active litigation and is changing quickly. Hemp industry groups have challenged the total-THC methodology, additional DSHS consumable-hemp rules adopted in March 2026 remain contested, and a federal redefinition is expected later in 2026. The description above reflects the position as of August 2026. If you are facing a THC-related charge, the specific date of your alleged offense matters enormously — call us and we will tell you where your case falls.
Scope of Representation
§ 481.115
§ 481.116
§ 481.121
§ 481.112
§ 481.134
§ 481.125
Prescription Offenses
Fentanyl
Federal
Drug charges we defend
From a Class C paraphernalia citation to a first-degree trafficking indictment, in state and federal court.
Possession — Penalty Group 2
MDMA, PCP, psilocybin, and — critically — THC concentrates, wax, vape cartridges, and edibles. The group that turns what many people think of as marijuana into a felony.
Marijuana Possession
Its own ladder: two ounces or less is a Class B misdemeanor, and four ounces to five pounds is a state jail felony. In Harris County, many misdemeanor cases qualify for diversion without an arrest record.
Manufacture & Delivery
Possession with intent to deliver is charged far more aggressively than simple possession — four grams of a Penalty Group 1 substance is a first-degree felony. Intent is often inferred from packaging, scales, and cash rather than any actual sale.
Drug-Free Zone Enhancements
Offenses within 1,000 feet of a school, playground, youth center, or college — or 300 feet of a public pool or arcade — are bumped a full offense level, with minimum terms increased by five years and fines doubled.
Drug Paraphernalia
Possession with intent to use is a Class C misdemeanor. Delivery or possession with intent to deliver is a Class A misdemeanor, and delivery to a minor is a state jail felony.
Fraudulent Prescriptions & Doctor Shopping
Obtaining a controlled substance by fraud, forged prescriptions, and possession of a valid medication outside its original container — charges that regularly ensnare people with genuine prescriptions.
Fentanyl & Overdose Prosecutions
Fentanyl sits in its own penalty group, and Texas now permits a murder charge where death results from the manufacture or delivery of certain fentanyl-containing substances. These are among the most aggressively prosecuted cases in the state.
Federal Drug Conspiracy & Trafficking
Federal charges carry mandatory minimums driven by drug quantity and prior convictions, and are prosecuted in the Southern District of Texas. See federal cases.
Proven Results
Third-Degree Felony — Possession
Dismissed
First-Degree Aggravated Felony
No Bill
Two Related Felony Counts
Both Dismissed
Three Pending Criminal Charges
All Dismissed
Felony Charge
Dismissed
Two Cases — Single Incident
Both Dismissed
Drug case results
Drug cases are frequently won before trial — on a motion to suppress, at grand jury, or through diversion. For the firm's complete record, see our full case results page.
Dismissed
No Bill
Both Dismissed
All Dismissed
Dismissed
Both Dismissed
Outcomes reported by clients of the firm, as published on our case results page. The third-degree felony possession dismissal above is the one entry the firm publishes with an express drug charge label. Client identities and cause numbers are withheld to protect confidentiality. Independent reviews are available on the firm's Avvo profile.
Signature Verdict
State of Texas v. David Barajas
Brazoria County, August 28, 2014. A father charged with murder, facing life in prison. Sam Cammack III tried the case to verdict and forced the State to confront that no weapon was recovered, there were no eyewitnesses, and gunshot-residue testing was negative. The jury returned in roughly three hours.
Not Guilty — All ChargesWhy it matters in a drug case: the discipline that wins a homicide — attacking the forensics and refusing to accept the State's version of the science — is the same discipline that defeats a lab report or a questionable search. See all case results →
Documented caseload — Texas public court records
Public court-record data compiled from Texas county filings identifies 371 criminal matters associated with Sam R. Cammack III (Texas Bar No. 24014415) — 239 felonies and 84 misdemeanors, including DWI and controlled-substance matters, across five counties.
371
Total Matters on Public Record
239
Felony Matters (64%)
84
Misdemeanor Matters (23%)
345
Harris County Matters (93%)
23
Montgomery County Matters
2
Fort Bend County Matters
1
Galveston County Matters
24
Years Since Bar Admission
Most frequently appearing before Harris County Criminal District Courts Nos. 176, 178, 183, 208, and 248 at the Harris County Criminal Justice Center, 1201 Franklin Street, Houston. See our Harris County practice page, or look up a case through our inmate search and court records resources.
Was your car searched at a traffic stop? The legality of that search is often the entire case. Sam reviews the stop, the body-camera footage, and the lab report before giving you an honest assessment. Call 713-224-4444 or request a free consultation.
Note on results: Each case is decided on its own facts and law. Prior results — including dismissals, no-bills, and acquittals — do not guarantee or predict a similar outcome in any future matter. Caseload figures are compiled from publicly available Texas court records and may be incomplete.
Exposure
Texas penalty groups and weight ladders
Two variables decide a Texas drug charge: which penalty group the substance falls into, and the aggregate weight — including any adulterants and dilutants mixed with it.
Penalty Group 1 & 1-B
Cocaine, heroin, methamphetamine, oxycodone, hydrocodone in higher concentrations, ketamine — and, in Group 1-B, fentanyl and its analogues.
Penalty Group 2 & 2-A
MDMA/ecstasy, PCP, psilocybin mushrooms, mescaline, synthetic cannabinoids — and THC concentrates, wax, vape oil, tinctures, and edibles.
Penalty Groups 3 & 4
Benzodiazepines such as Xanax and Valium, Ritalin and Adderall, anabolic steroids, and certain compounds containing limited narcotic amounts.
Marijuana — separate ladder
Plant material is graded under its own statute at markedly lower levels than the penalty groups. The plant and its extract are treated as fundamentally different substances.
Possession — Penalty Group 1 or 1-B
| Aggregate Weight | Classification | Punishment Range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days–2 years + $10,000 |
| 1 – 4 grams | Third-degree felony | 2–10 years + $10,000 |
| 4 – 200 grams | Second-degree felony | 2–20 years + $10,000 |
| 200 – 400 grams | First-degree felony | 5–99 years or life + $10,000 |
| 400 grams or more | Enhanced first-degree felony | 10–99 years or life + $100,000 |
Per Tex. Health & Safety Code § 481.115.
Possession — Penalty Group 2 (includes THC concentrates & edibles)
| Aggregate Weight | Classification | Punishment Range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days–2 years + $10,000 |
| 1 – 4 grams | Third-degree felony | 2–10 years + $10,000 |
| 4 – 400 grams | Second-degree felony | 2–20 years + $10,000 |
| 400 grams or more | First-degree felony | 5–99 years or life + $50,000 |
Per Tex. Health & Safety Code § 481.116. Note that a single vape cartridge or a package of gummies is weighed as a whole, not by its THC content.
Possession — Marijuana
| Amount | Classification | Punishment Range |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days jail + $2,000 |
| 2 – 4 ounces | Class A misdemeanor | Up to 1 year jail + $4,000 |
| 4 ounces – 5 pounds | State jail felony | 180 days–2 years + $10,000 |
| 5 – 50 pounds | Third-degree felony | 2–10 years + $10,000 |
| 50 – 2,000 pounds | Second-degree felony | 2–20 years + $10,000 |
| More than 2,000 pounds | First-degree felony | 5–99 years or life + $50,000 |
Per Tex. Health & Safety Code § 481.121.
Manufacture or delivery — Penalty Group 1
| Aggregate Weight | Classification | Punishment Range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days–2 years + $10,000 |
| 1 – 4 grams | Second-degree felony | 2–20 years + $10,000 |
| 4 – 200 grams | First-degree felony | 5–99 years or life + $10,000 |
| 200 – 400 grams | Enhanced first-degree felony | 10–99 years or life + $100,000 |
| 400 grams or more | Enhanced first-degree felony | 15–99 years or life + $250,000 |
Per Tex. Health & Safety Code § 481.112. Compare the ladders: four grams of a Penalty Group 1 substance is a second-degree felony to possess but a first-degree felony to deliver — which is why "possession with intent" is the allegation that must be fought hardest. Enhancements for prior felony convictions under §§ 12.42–12.425 can raise these ranges further. This is general information, not legal advice about your case.
Enhancement
Drug-free zones: geography that adds years
In a city as dense as Houston, it is genuinely difficult to be somewhere that is not within 1,000 feet of a protected location.
Within 1,000 feet
Public or private elementary and secondary schools, day-care centers, youth centers, playgrounds with three or more play stations, colleges and universities, school buses, and certain residential treatment facilities.
Within 300 feet
Public swimming pools and video arcade facilities open to the public containing three or more machines.
What it does to the charge
Under § 481.134, the offense is raised a full level — a state jail felony becomes a third-degree felony, a third becomes a second, a second becomes a first. For certain offenses the minimum term increases by five years and the maximum fine is doubled.
The private residence exception
The enhancement does not apply where the offense was committed entirely inside a private residence and no minor was present. Establishing that exception — and challenging how the State measured the distance in the first place — is real, winnable work.
The Path Out
Diversion, dismissal, and felony reduction
Harris County offers more off-ramps in drug cases than almost any jurisdiction in Texas. Most people never learn they exist.
Misdemeanor Marijuana Diversion Program
Harris County's MMDP allows eligible people detained with up to four ounces of marijuana to be referred to a class instead of being arrested and charged. Requirements include being 17 or older, having valid ID, no other charges from the incident, no outstanding warrants, and not being on bond or probation. Completion of a four-hour Cognitive Decision Making class within 90 days means no arrest and no charge on your record. Notably, a prior record — or prior MMDP participation — does not automatically disqualify you.
Pretrial diversion and intervention
For other drug offenses, the Harris County District Attorney's Office operates diversion and intervention programs that can end in dismissal. Eligibility turns on the charge, criminal history, and the specific facts — and admission is negotiated by your lawyer, not granted automatically.
State jail felony reduction under § 12.44
Penal Code § 12.44 allows a state jail felony to be punished as a misdemeanor. Under 12.44(a) the judge may impose Class A misdemeanor punishment, though the conviction itself remains a felony. Under 12.44(b) — which requires the prosecutor's agreement — the case is prosecuted and disposed of as a Class A misdemeanor, so no felony conviction results at all. For a client's future employment and civil rights, 12.44(b) is transformative.
Expunction and nondisclosure
A dismissal, no-bill, or acquittal generally makes you eligible for an expunction — destruction of the record. Successful deferred adjudication on many drug offenses can support an order of nondisclosure sealing the record from most employers. These are separate proceedings that must be filed; they do not happen automatically when your case ends.
Do not plead guilty at your first setting. A quick plea forecloses diversion, forecloses 12.44(b), and forecloses expunction. Call 713-224-4444 first — the consultation is free.
Strategy
How we attack a drug case
The stop itself
Nearly every Houston drug case begins with a traffic stop. If the officer lacked reasonable suspicion for the stop, or unlawfully prolonged it waiting on a K-9, everything found afterward is subject to suppression. Body-camera timestamps routinely contradict the offense report.
The search
Consent that was never given or was coerced, a warrantless vehicle or home search without a valid exception, an unreliable dog alert, a search of a phone without a warrant — each is a Fourth Amendment challenge. Evidence suppressed before trial is evidence the jury never hears, and suppression usually ends the case.
Affirmative links — whose drugs were they?
Possession requires care, custody, control, and knowledge. When contraband is found in a shared car, a shared apartment, or a place accessible to several people, Texas law demands affirmative links tying it specifically to the accused. Mere presence is not possession, and this is the most frequently winnable element in the statute.
Attacking the lab
The substance must be identified and weighed by a qualified analyst using validated methods. Chain of custody gaps, contamination, calibration failures, and analyst error are real and documented. In THC-related cases the testing methodology can itself alter the result — which is a defense, not a technicality.
Weight and aggregation
Because thresholds are cliffs, the aggregate weight is worth fighting. Whether a substance genuinely qualifies as an adulterant or dilutant, whether packaging was included, and whether the measurement was performed correctly can move a case an entire offense level.
Breaking "intent to deliver"
Intent is typically inferred from indicia — baggies, a scale, cash, phone messages. Each has an innocent explanation, and the inference is a jury question, not a given. Defeating intent converts a first-degree exposure back into simple possession.
Valid prescription and the Good Samaritan defense
A lawful prescription is a complete defense to possession of a controlled substance. Texas also provides a defense for a person who was first to request emergency medical assistance during an overdose and met the statutory conditions — a provision that exists to save lives and is underused.
Confidential informants and entrapment
Delivery cases are often built on informants working off their own charges. Their reliability, their incentives, and whether officers induced conduct the accused was not predisposed to commit are all properly put to a jury.
Where We Practice
Drug defense across Greater Houston
Diversion availability and charging policy in drug cases vary sharply by county — a case that would be diverted in Harris County may be indicted in the county next door.
Harris County
Houston, Pasadena, Baytown, Katy, Humble, Cypress, Tomball, Spring Branch, Bellaire, Deer Park, La Porte
Harris County Criminal Justice Center, 1201 Franklin St. — felony District Courts, Criminal Courts at Law, and the county's marijuana diversion and pretrial intervention programs.
Montgomery County
Conroe, The Woodlands, Spring, Magnolia, Willis, Montgomery, New Caney, Porter
Montgomery County Courthouse, Conroe — District Courts and County Courts at Law. Historically a markedly stricter drug-charging jurisdiction than Harris County.
Fort Bend County
Richmond, Sugar Land, Katy, Rosenberg, Missouri City, Stafford, Fulshear, Needville
Fort Bend County Justice Center, Richmond — District Courts and County Courts at Law.
Galveston County
Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe
Galveston County Justice Center, Galveston — District Courts and County Courts at Law.
Brazoria County
Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, Manvel
Brazoria County Courthouse, Angleton — site of the firm's State v. Barajas acquittal.
Federal Court
United States District Court, Southern District of Texas — Houston Division
Federal drug conspiracy and trafficking prosecutions with mandatory minimums. See federal cases.
Not sure which court your case is in? Use our inmate search and court records tools, or send us the cause number and we will look it up for you.
Questions We Hear Daily
Drug charge FAQ
Is a THC vape or edible a felony in Texas?
Generally yes. THC extracted from the plant is a Penalty Group 2 substance, not marijuana, so possession of less than one gram is a state jail felony — and the weight is the whole product, including the oil, the gummy base, and any other ingredients. A single cartridge or a tin of gummies routinely exceeds one gram. As of July 31, 2026, Delta-8, Delta-10, THCP, and THCA are also treated as controlled substances in Texas. Products at or below 0.3% Delta-9 THC by dry weight generally remain lawful for adults 21 and over, but this area is under active litigation — see our THC update above.
How much of a drug makes it a felony in Texas?
For Penalty Group 1 and 2 substances, any amount is a felony — possession of less than one gram is a state jail felony punishable by 180 days to two years. Marijuana is the exception: two ounces or less is a Class B misdemeanor, and it does not become a felony until four ounces. Weight is calculated on the aggregate including adulterants and dilutants, so the substance mixed into something else is counted at the full combined weight.
They were not my drugs — the car belonged to someone else.
That is a real defense, and it is frequently the strongest one available. Texas requires the State to prove you exercised care, custody, and control over the substance and knew what it was. Where contraband is found in a shared vehicle or residence, the law requires "affirmative links" tying it specifically to you — proximity alone is not enough. Courts examine whether it was in plain view, whether it was accessible to you, whether you owned the place, whether you made incriminating statements, and more. Mere presence is not possession.
Can a drug charge be dismissed if the search was illegal?
Frequently, yes. If the stop lacked reasonable suspicion, the detention was unlawfully prolonged, the search exceeded consent, or the warrant was defective, the evidence can be suppressed under the Fourth Amendment and Article 38.23 of the Texas Code of Criminal Procedure. In a possession case the drugs are usually the entire case — so a successful motion to suppress generally ends it. This is why the offense report and body-camera footage get examined second by second.
Can I avoid a conviction for marijuana in Harris County?
Often. The Harris County Misdemeanor Marijuana Diversion Program allows eligible people detained with up to four ounces to complete a four-hour class within 90 days instead of being arrested and charged at all — leaving no arrest record. Eligibility requires being 17 or older, having valid ID, no other charges arising from the incident, no outstanding warrants, and not currently being on bond or probation. Evidence of dealing, a firearm, or a drug-free zone will disqualify you. A prior record does not automatically disqualify you.
What is a 12.44(b) and why does everyone want one?
Texas Penal Code § 12.44 allows a state jail felony to be handled as a misdemeanor. Under 12.44(a), the judge imposes Class A misdemeanor punishment but the conviction remains a felony. Under 12.44(b), which requires the prosecutor's agreement, the case is prosecuted and disposed of as a Class A misdemeanor — meaning no felony conviction at all. For employment, housing, professional licensing, and firearm rights, that difference is enormous, which is why negotiating a 12.44(b) is often the central objective in a low-level possession case.
What is a drug-free zone and how much does it add?
Under Health and Safety Code § 481.134, an offense within 1,000 feet of a school, day-care center, youth center, playground, or college — or within 300 feet of a public pool or video arcade — is raised a full offense level. A state jail felony becomes a third-degree felony, a third becomes a second, a second becomes a first. For certain offenses the minimum term increases by five years and the maximum fine doubles. There is an exception for offenses committed entirely within a private residence when no minor was present, and the State's distance measurement is itself challengeable.
How much does a drug defense lawyer cost in Houston?
Fees depend on whether the charge is a misdemeanor or felony, the penalty group and weight, the county, and whether the case is headed to a suppression hearing or trial. Our office quotes a flat fee after reviewing the specific allegation, so you know your cost before you commit. The initial case review is free and confidential. Call 713-224-4444 — we take calls 24 hours a day.
Free & Confidential Case Review
A drug charge is not the same as a drug conviction
Diversion, suppression, reduction, dismissal — the paths out of a drug case are real, but they close quickly once a plea is entered. Sam R. Cammack III has won 3,000+ dismissals in Texas courts. Tell him what happened — the call is free, confidential, and answered around the clock.
Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027 · Available 24/7 · View case results
The information on this page is provided for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Texas drug law — and Texas hemp and THC regulation in particular — is changing rapidly and is subject to ongoing litigation; the descriptions here reflect the position as of August 2026 and may not reflect subsequent developments or the law applicable to the date of a specific alleged offense. Every case turns on its own facts and procedural posture. Prior results — including dismissals, no-bills, and not-guilty verdicts — do not guarantee or predict the outcome of any future matter. Caseload statistics are compiled from publicly available Texas court records and may be incomplete. If you have been arrested or accused, speak with a licensed Texas criminal defense attorney about your specific situation.