Drug Charge FAQ

Drug laws in Texas and across the country are always evolving. As new controlled substances become available and new laws either reduce or increase penalties, it is crucial to have an experienced criminal defense lawyer on your side if you find yourself facing drug charges in San Antonio.

For aggressive criminal defense against drug charges, contact Hoelscher Gebbia, PLLC, today. We have the knowledge and resources to develop an effective strategy for protecting your rights and freedom.

Can I still be charged with a marijuana crime in Texas if I legally bought marijuana in another state?

Yes. Even though some states have decriminalized marijuana, you can still be arrested for drug possession if you bring marijuana into Texas. At Hoelscher Gebbia, PLLC, we understand what is at stake in these cases, and we fight for marijuana law reform in the courtroom and beyond.

For more on these matters, please see our overview of THC concentrate, oils and waxes.

What determines the severity of a drug charge?

The severity of a drug charge will depend on the type and quantity of the drug in question. For example, in Texas, first-time possession of under 4 ounces of marijuana is a misdemeanor, while possession of less than 1 gram of meth or heroin is a felony.

Depending on the facts of your case, if you are arrested in connection with a large amount of drugs, you could be charged with drug distribution, drug trafficking or possession with intent to distribute. These are all very serious charges that can lead to years of incarceration. In any case, do not go up against a drug charge without an experienced criminal defense attorney on your side.

What are the options for first-time offenders?

If you are facing a drug charge for the first time, you may be eligible for Bexar County's drug diversion program, which is reserved for people accused of non-violent offenses. The program allows for participants to avoid incarceration and have their criminal cases dismissed.

However, before agreeing to a diversion program, you should speak with an experienced and dedicated criminal defense lawyer. Depending on the individual circumstances, it may be better to challenge the prosecution's evidence at trial.

Contact Hoelscher Gebbia, PLLC

Schedule a confidential consultation with a skilled and dedicated criminal law attorney. Call 210-570-9902 today or send us an email. We can help.