Controlled Substance Defense San Antonio

Q: Controlled Substance

Penalty Group 1 under H&S Code §481.102 includes cocaine, methamphetamine, heroin, fentanyl, oxycodone, and most prescription opioids. Possession of any PG1 substance in any amount is a felony — less than 1 gram is a state jail felony, escalating through first-degree at 200 grams or more. There is no misdemeanor level for PG1 possession. Bexar County prosecutes all PG1 charges through the Narcotics unit under DA Joe Gonzales.

Q: Can a controlled substance charge be dismissed in Bexar County?

Yes — and Fourth Amendment suppression is the most powerful tool. An unlawfully extended traffic stop on IH-35 or IH-10 can result in suppression of all drug evidence, leaving the prosecution with nothing to proceed on. Chain of custody problems, lab certification failures, and constructive possession challenges also provide grounds for dismissal. We have dismissed PG1 felony drug cases in Bexar County courts. Call {SA_PHONE} immediately.

Q: Can I be charged for having someone else’s prescription drugs?

Yes. Possession of a PG3 controlled substance without a valid prescription in your name is a criminal offense in Texas. Being found with Xanax, Adderall, or hydrocodone without a prescription bearing your name can support a possession charge. The defense evaluates whether a valid prescription existed, whether the prosecution can confirm the substance is the specific controlled substance alleged, and whether possession was authorized under any exception.

Q: What is constructive possession of a controlled substance?

Constructive possession means you had knowledge of the substance and exercised care, custody, control, or management over it, even without it on your person. Courts evaluate proximity, access to the area, fingerprints, personal items nearby, and incriminating statements. In multi-occupant vehicle cases on IH-35 or IH-10, constructive possession is often the prosecution’s most contestable element. We challenge every link in the connection between you and the substance.

Q: Is fentanyl treated differently from other PG1 substances?

Yes. Texas added Penalty Group 1-B under H&S Code §481.1022, which covers fentanyl and fentanyl-related compounds with more aggressive charge tiers at lower weights: 2 grams or more is a minimum 3rd degree felony; 4 grams or more is a minimum 2nd degree felony. The defense analysis is the same: Fourth Amendment stop challenge, lab identification and chain of custody challenge, and constructive possession analysis.

Q: What should I do after a controlled substance arrest in San Antonio?

Call 210-692-4913 immediately. Do not make statements about the substance, where it came from, or whether it belongs to someone else. Do not consent to additional searches. The Fourth Amendment analysis depends on what was documented about the stop. Evidence retention windows run from the day of arrest. The earlier we are involved, the more complete the defense.

Controlled Substance Possession in Bexar County — Three Elements, All Challengeable

Controlled substance possession in Texas requires the prosecution to prove three things beyond a reasonable doubt: the identity of the substance, the weight, and that you knowingly possessed it. All three are legally required. All three are challengeable. The identity of the substance must be confirmed by a certified lab analyst using validated testing methodology. The weight determines the charge level and must be correctly measured. Knowledge and possession require the prosecution to connect you specifically to the substance — which is harder to prove than most clients expect when the drugs were found in a shared vehicle, a common area, or anywhere multiple people had access.

Penalty Group 1 — cocaine, methamphetamine, heroin, fentanyl, oxycodone — starts at a state jail felony for any amount under 1 gram and escalates through first-degree felony at 200 grams or more. PG2 covers MDMA, THC concentrate, and PCP. PG3 covers prescription benzodiazepines and stimulants without a valid prescription. Each group has its own charge tier structure and its own defense issues around classification. Prescription drug charges — Xanax, Adderall, hydrocodone without your name on the bottle — are increasingly common in Bexar County.

Before all of that, I look at how the evidence was obtained. Most controlled substance arrests in San Antonio start with a traffic stop on IH-35 or IH-10. Call 210-692-4913 immediately at the moment of arrest.

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Texas Penalty Groups — What Each Covers & What It Costs

The penalty group is the prosecution’s first allegation. It must be proven through laboratory analysis. Here is what each group covers and the baseline charge level in Bexar County.

Penalty Group 1

Cocaine • Heroin • Methamphetamine • Fentanyl • Oxycodone • Hydrocodone

<1gState Jail Felony180 days–2 yrs

1–4g3rd Degree Felony2–10 yrs

4–200g2nd Degree Felony2–20 yrs

200–400g1st Degree Felony5–99 yrs

400g+Enhanced 1st Degree10–99 yrs

Penalty Group 2

MDMA • Psilocybin • PCP • THC Concentrate • Vape Cartridges • Wax • Edibles

<1gState Jail Felony180 days–2 yrs

1–4g3rd Degree Felony2–10 yrs

4–400g2nd Degree Felony2–20 yrs

400g+1st Degree Felony5–99 yrs

⚠ THC vape cartridges & edibles are PG 2, NOT marijuana

Penalty Group 3 & 4

PG 3: Xanax • Ritalin • Valium • Anabolic Steroids
PG 4: Compound preparations containing narcotics

<28g (PG3)Class A MisdemeanorUp to 1 year

28–200g3rd Degree Felony2–10 yrs

200–400g2nd Degree Felony2–20 yrs

Marijuana (Separate Statute)

Cannabis flower only — NOT THC concentrate or edibles

≤2 ozClass B MisdemeanorUp to 180 days

2–4 ozClass A MisdemeanorUp to 1 year

4 oz–5 lbsState Jail Felony180 days–2 yrs

5–50 lbs3rd Degree Felony2–10 yrs

Drug-free zone enhancements under §481.134 apply within 1,000 feet of schools and other protected locations in Bexar County. These must be specifically alleged and proven — and are specifically contestable.

Controlled substance possession defense San Antonio — Fourth Amendment stop challenge and lab chain of custody Bexar County courts

Three Defense Lines on Every Bexar County Controlled Substance Case

The Fourth Amendment. The stop and search that uncovered the controlled substance must both be constitutionally justified. IH-35 and IH-10 traffic stops in Bexar County frequently involve DPS Criminal Interdiction Unit Troopers who extend stops past the original traffic purpose to run K-9 deployments or request consent. Under Rodriguez v. United States (2015), that extension requires independent reasonable suspicion. If the extension was not legally justified, the controlled substance found in the search is suppressible.

The lab and chain of custody. The prosecution must prove the substance was what it claims, tested by a certified analyst using validated methodology, with an unbroken documented chain from the evidence bag at the arrest scene to the analyst’s bench in the Bexar County lab. We request the complete lab file — not just the summary result — on every controlled substance case. Lab analyst certification, instrument calibration records, and documentation gaps are all specifically challengeable.

Knowledge and constructive possession. You must have known the substance was present and had control over it. In shared vehicles, borrowed cars, and cases where the drugs were found in a common area, the prosecution’s constructive possession argument is often its weakest point. We challenge every link the prosecution intends to use to connect you specifically to the controlled substance.

Controlled substance defense attorneys San Antonio — Mark Hull and Allison Tisdale defending drug possession in Bexar County courts

How We Defend Controlled Substance Charges in Bexar County

Three independent defense lines, pursued simultaneously from the first day.

01

Evaluate the stop and search under the Fourth Amendment

Was the IH-35 or IH-10 traffic stop legally justified? Was the stop extended past its lawful purpose before the controlled substance was found? Did the K-9 deployment follow a lawfully extended stop? A successful suppression motion eliminates the evidence and ends the prosecution.

02

Request the complete lab file and challenge the analysis

We request every document related to the Bexar County lab analysis: chain of custody log, analyst certification records, instrument calibration logs, test methodology documentation. Summary lab reports don’t tell us whether the analysis was properly conducted. Problems are in the complete record.

03

Challenge the weight and penalty group classification

The weight determines the charge level. We scrutinize the measurement methodology, whether adulterants were included, and whether the substance actually falls in the penalty group alleged. Weight near a tier boundary is always specifically challenged.

04

Challenge constructive possession on multi-occupant stops

If the substance was found in a vehicle you were in but didn’t own, in a room with multiple people, or in a bag not yours, the prosecution must prove you specifically knew about it and had control. We challenge every element of the constructive possession inference.

05

Evaluate prescription drug defenses

For PG3 charges involving Xanax, Adderall, or hydrocodone, we evaluate whether a valid prescription existed, whether the substance was lawfully dispensed, and whether the prosecution can actually confirm the substance found was the controlled substance alleged without valid authorization.

06

Engage DA Gonzales’s Narcotics unit with documented arguments

Allison Tisdale prosecuted drug cases as a Texas state prosecutor before joining the defense. She knows how this office evaluates its suppression exposure and what documented Fourth Amendment arguments create real leverage toward dismissal in Bexar County courts.

Controlled Substance Defense in Bexar County — trial-tested, Former Prosecutors

Mark Hull has 20+ years of Texas criminal defense experience and has defended controlled substance possession cases — from state jail felony trace amounts through first-degree quantity charges — in the Bexar County Courts at Law and District Courts for over 20 years. Suppression hearings and lab challenges require the same evidentiary preparation as trial.

Allison Tisdale prosecuted drug cases as a Texas state prosecutor before joining the defense. She knows how DA Joe Gonzales’s Narcotics unit evaluates its drug files, what it considers a clean stop, and where the chain of custody documentation tends to have the most gaps. We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale prosecuted drug cases in Texas courts before joining the defense. They know how DA Joe Gonzales’s Narcotics unit builds cases — and where they collapse.

◆ 20+ Years in Bexar County Courts

Regular appearances in the Cadena-Reeves Justice Center. We know the Narcotics prosecutors, the judges, and how the docket moves on drug cases.

◆ Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County — drug charges, DWI, assault, and felonies of every level.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Bexar County Courts

Controlled Substance FAQ — San Antonio & Bexar County

Common questions about controlled substance possession charges in Bexar County courts.

What is a Penalty Group 1 drug in Texas?+

Penalty Group 1 under H&S Code §481.102 includes cocaine, methamphetamine, heroin, fentanyl, oxycodone, and most prescription opioids. Possession of any PG1 substance in any amount is a felony — less than 1 gram is a state jail felony, escalating through first-degree at 200 grams or more. There is no misdemeanor level for PG1 possession. Bexar County prosecutes all PG1 charges through the Narcotics unit under DA Joe Gonzales.

Can a controlled substance charge be dismissed in Bexar County?+

Yes — and Fourth Amendment suppression is the most powerful tool. An unlawfully extended traffic stop on IH-35 or IH-10 can result in suppression of all drug evidence, leaving the prosecution with nothing to proceed on. Chain of custody problems, lab certification failures, and constructive possession challenges also provide grounds for dismissal. We have dismissed PG1 felony drug cases in Bexar County courts. Call {SA_PHONE} immediately.

Can I be charged for having someone else’s prescription drugs?+

Yes. Possession of a PG3 controlled substance without a valid prescription in your name is a criminal offense in Texas. Being found with Xanax, Adderall, or hydrocodone without a prescription bearing your name can support a possession charge. The defense evaluates whether a valid prescription existed, whether the prosecution can confirm the substance is the specific controlled substance alleged, and whether possession was authorized under any exception.

What is constructive possession of a controlled substance?+

Constructive possession means you had knowledge of the substance and exercised care, custody, control, or management over it, even without it on your person. Courts evaluate proximity, access to the area, fingerprints, personal items nearby, and incriminating statements. In multi-occupant vehicle cases on IH-35 or IH-10, constructive possession is often the prosecution’s most contestable element. We challenge every link in the connection between you and the substance.

Is fentanyl treated differently from other PG1 substances?+

Yes. Texas added Penalty Group 1-B under H&S Code §481.1022, which covers fentanyl and fentanyl-related compounds with more aggressive charge tiers at lower weights: 2 grams or more is a minimum 3rd degree felony; 4 grams or more is a minimum 2nd degree felony. The defense analysis is the same: Fourth Amendment stop challenge, lab identification and chain of custody challenge, and constructive possession analysis.

What should I do after a controlled substance arrest in San Antonio?+

Call 210-692-4913 immediately. Do not make statements about the substance, where it came from, or whether it belongs to someone else. Do not consent to additional searches. The Fourth Amendment analysis depends on what was documented about the stop. Evidence retention windows run from the day of arrest. The earlier we are involved, the more complete the defense.

Drug Defense Resources — San Antonio & Bexar County

Related pages covering drug charges and criminal defense in San Antonio and Bexar County.

Drug Charges Hub

All drug charge types in Bexar County — penalty groups, quantities, and Fourth Amendment defense.

Marijuana Possession

Hemp vs. marijuana field test challenges and weight-tier defense in Bexar County.

Controlled Substance

PG1–PG4 possession — lab chain of custody and constructive possession challenges.

Drug Trafficking

Intent to deliver challenges and federal threshold exposure on IH-35 and IH-10 arrests.

Drug Paraphernalia

Section 481.125 — paraphernalia definition challenges in Bexar County.

IH-35 & IH-10 Drug Charges

IH-35/IH-10 stop extension, K-9 alerts, and interdiction defense in Bexar County.

Criminal Defense Hub

Full criminal defense hub for all charge types in Bexar County courts.

Expungement San Antonio

Clearing a dismissed drug charge permanently under Texas Chapter 55.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL

Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS

Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH

Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

210-692-4913

Controlled Substance Possession Defense — San Antonio & Bexar County

Controlled Substance Possession in Bexar County — Three Elements, All Challengeable

Texas Penalty Groups — What Each Covers & What It Costs

Three Defense Lines on Every Bexar County Controlled Substance Case

How We Defend Controlled Substance Charges in Bexar County

Controlled Substance Defense in Bexar County — trial-tested, Former Prosecutors

Controlled Substance FAQ — San Antonio & Bexar County

Drug Defense Resources — San Antonio & Bexar County

Drug Charges Hub

Marijuana Possession

Controlled Substance

Drug Trafficking

Drug Paraphernalia

IH-35 & IH-10 Drug Charges

Criminal Defense Hub

Expungement San Antonio

What Our Clients Say

Controlled Substance Charge in San Antonio? Call Us Now.