Drug Charges in Hays County — The Charge Depends on What It Is, How Much, and How It Was Found
Texas drug charges are governed by the Texas Controlled Substances Act, codified in Health & Safety Code Chapter 481. The charge level depends on three things: the penalty group the substance falls into, the quantity alleged, and whether the charge is for simple possession or possession with intent to deliver. Marijuana operates under a separate schedule but follows the same weight-based tier structure. A small amount of marijuana is a Class B misdemeanor; a large quantity of methamphetamine or fentanyl is a first-degree felony with a minimum of five years in state prison.
Before any of that matters, I look at how the evidence was obtained. The Fourth Amendment requires law enforcement to have reasonable articulable suspicion to stop you and probable cause to search you. A traffic stop on IH-35 or Loop 82 in San Marcos that lacked legal justification, a consent search that was not truly voluntary, a vehicle search that exceeded the scope of the lawful purpose of the stop — any of these can be the basis for a suppression motion. When the court suppresses the drug evidence, the case collapses. That is not a lucky outcome; that is the Fourth Amendment doing exactly what it is designed to do.
Allison Tisdale prosecuted drug cases as a Texas state prosecutor before joining our firm. She knows how DA Kelly Higgins’s office evaluates its drug files, what it considers strong evidence versus what it knows is vulnerable to a suppression motion or chain of custody challenge. We build the defense from the moment of the stop, not from the moment of trial. Call 737-937-5786 immediately — the earlier we are involved, the more we can do.
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