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. If evidence is suppressed, the effect depends on the importance of that evidence, what other admissible evidence remains, and the procedural posture of the case. Suppression can materially weaken the prosecution’s case, but it does not automatically require dismissal.
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.
- ✓ Payment Plans Available
- ✓ Local San Marcos Law Firm
- ✓ Affordable Fees
- ✓ Award-Winning Firm
