What Should I Expect From a Cocaine Possession Charge in Houston?

 Posted on May 20, 2025 in Drug Crimes

Cocaine possession is no light or minor crime in Texas. If you or a loved one faces cocaine possession charges in the Houston area, you should take those charges seriously. A Houston, TX drug crimes defense lawyer can give you a clear idea of what to expect from the legal proceedings and represent you in a court of law.

At Murphy & McKinney Law Firm, P.C., we are prepared to aggressively defend cocaine possession charges on constitutional, statutory, and procedural grounds. When you work with our firm, your case will be handled with careful attention as we work to defend you against the harsh penalties a cocaine possession charge can bring.

The Drug-Type and Drug-Quantity Framework

The Texas Controlled Substances Act, like the drug laws of other states, criminalizes drug possession in complex statutes. Generally, the worse the drug and the larger the quantity of drugs, the worse the penalty. The Texas Board of Pharmacy explains that the worst drugs, classified as Schedule I, have a high abuse risk with no safe and accepted medical use. By contrast, Schedule V drugs have narcotic properties but also have recognized medicinal value.

For example, possessing under two ounces of marijuana in Texas is a mere Class B misdemeanor. With increasing quantities, it can be charged as a first-degree felony. Possession of marijuana in its leafy form does not carry a severe penalty until one possesses large quantities or it is carried in concentrated THC vape cartridges or marijuana THC concentrated gummy edibles. By contrast, possessing under a single gram of methamphetamine or heroin in Texas is already a state jail felony, while possessing over four hundred grams can get you fifteen years to life. Possessing any quantity of meth or heroin can bring a severe penalty.

Cocaine Possession Penalties

As you would expect, cocaine is on the list of most dangerous and most penalized drugs, along with methamphetamines, PCP, and heroin. Cocaine can be highly addictive and easily abused while having no safe and accepted medicinal properties.

No one wants to be arrested for possessing illegal drugs. However, one should be cautious to avoid being arrested for possessing cocaine. A conviction on cocaine possession charges can bring penalties every bit as severe as those assigned to heroin, PCP, and meth users.

Texas law groups drug-possession convictions into Penalty Groups 1, 1a, 2, 3, and 4. Each penalty group includes a range of increasing penalties as the quantity of the possessed drug increases. Naturally, cocaine falls under Penalty Group 1, carrying the stiffest penalties. Possessing even so little as less than one gram of cocaine is a state jail felony. The penalties increase from there. Possessing one to four grams is a third-degree felony, four to 200 grams a second-degree felony, and 200 to 400 grams a first-degree felony.

Elements of a Cocaine Possession Charge in Houston

To convict you of cocaine possession, prosecutors must show that the possessed substance was cocaine, that it was of a prohibited quantity, and that you knowingly possessed the substance. The prosecutor must prove all of these elements beyond a reasonable doubt. If the prosecution cannot provide evidence to satisfy all of these conditions, our attorney could argue for reduced or dismissed charges.

Defending Cocaine Possession Charges

Though you may be under incredible stress after an arrest, keep in mind that a charge is not a conviction. At Murphy & McKinney Law Firm, P.C., our attorney will review your case to work out a legal strategy for your defense. Anyone charged with cocaine possession may have constitutional, statutory, or procedural defenses. Some of these defenses to cocaine possession may include:

• The defendant did not actually or constructively possess the cocaine

• Someone else possessed the cocaine outside the defendant's control

• The police recovered the cocaine evidence in an illegal search

• The police gained a confession or admission in an illegal stop or arrest

• The police failed to advise of the rights to remain silent and retain counsel

• Police entrapped the defendant, violating due process rights

Other Ways to Defend Cocaine Possession Charges

Sometimes, defending against a cocaine possession charge involves other important considerations. As a highly addictive, dangerous drug, cocaine possession carries a strongly negative connotation. But some of the same things that make cocaine possession so serious can also excuse or mitigate the crime.

Consider the highly addictive quality of cocaine. Many people charged with cocaine possession suffer from addiction and cannot be said to be fully in control of themselves. Our firm can help you make a case for reduced charges based on these external circumstances, arguing for rehabilitation instead of punishment.

Meet With a Houston, TX Cocaine Possession Attorney

At Murphy & McKinney Law Firm, P.C., we understand how dire a cocaine possession charge can be. If you or somebody you care about has been charged with a felony drug crime, our Houston, TX drug possession lawyer can come to your aid. Contact our firm at 713-229-8333 to schedule an initial consultation today.