What is Considered a Felony Drug Charge in Harris County?

Texas has strict laws regarding the possession and sale of drugs like marijuana and cocaine.

Violate these laws, and you could face felony charges.

If convicted, depending on the facts of your case, you could face years behind bars in the state prison. Furthermore, since drug crimes carry a stigma, your ability to seek gainful employment after incarnation may be limited.

Fortunately, by hiring an experienced drug possession lawyer in Kingwood, you can greatly increase your chances of having the charges against you reduced.

Your attorney may even be able to have your case dismissed if the prosecution lacks evidence that you committed a crime, or if police violated your rights during the initial arrest.


If you commit a marijuana misdemeanor crime, your first goal should be to see if you qualify for the Misdemeanor Marijuana Diversion Program (MMDP).

This program can keep you out of jail and prevent you from having a criminal record.

Unfortunately, the more marijuana you possess or sell, the more severe the charges and penalties.

These are the amounts that trigger felony charges for possession and sale of marijuana in Texas:

      • Possession of more than four ounces of marijuana — If you are arrested for possessing between 4 ounces and 5 pounds of marijuana, you will be charged with a felony. If convicted, you face a mandatory minimum sentence of 180 days in prison, and up to 2 years. Additionally, you must pay up to $10,000 in fines.
      • Sale of between 7 grams to 5 pounds of marijuana — When you are accused of selling more than 7 grams of marijuana, the charges against you shift from misdemeanor to felony. For sale of between 7 grams and 5 pounds of pot, you may be sentenced to a mandatory minimum of 180 days, but no more than 2 years in the state prison, as well as up to $10,000 in fines.

The above offenses are only the tip of the iceberg when it comes to marijuana felonies.

Depending on the amount of marijuana in question, you could be facing as much as 99 years in prison and $50,000 in fines.


If there is one thing you need to know about cocaine laws in Texas, it is that cocaine possession is always a felony — no misdemeanor charges here.

      • Possession of under 1 gram of cocaine — You might be shocked to learn that possessing less than 1 gram of cocaine is a state felony punishable by up to two years in prison. This means that even if you are caught with a small amount, you may be charged with a felony crime.
      • Possession of 1-4 grams of cocaine — For possessing between 1-4 grams of cocaine, you may be charged with a 3rd degree felony which carries penalties of 2-10 in the state prison. You may also face fines up to $10,000.

Possession of drugs is no joke in Texas.

If you are caught with cocaine, do not say or do anything to make your situation worse.

Instead, politely request that you speak to your attorney.

Experienced drug defense lawyer advocates for Kingwood clients

At the Law Office of Andrew J. Williams, we have more than 20 years of experience defending Texans against cocaine and marijuana charges.

No matter if you are arrested for possession, sale, manufacture, or any other offense, we are ready to protect your rights and freedom.

Contact our firm online or call 281-358-9111 to schedule your free initial consultation.

Andrew Williams, an experienced attorney who can challenge evidence in a DWI case
About the Author: Andrew Williams
I am a criminal defense lawyer with over 20 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.