Drug Charges Lawyer in Conroe and The Woodlands
Most drug arrests in Montgomery County do not start with a raid. They start with a traffic stop, a question about what is in the console, or a vape pen someone bought at a smoke shop believing it was legal. If you are looking for a drug charges lawyer in Conroe or The Woodlands, you are probably also wondering whether this is a misdemeanor or a felony. The answer depends on details most people never think about: what the substance is, how much the whole mixture weighs, and how police found it.
At Griffin & Cain, Attorneys at Law, we defend possession, delivery, and paraphernalia charges across Montgomery County as part of our criminal defense practice. Senior Attorney Stella A. Stevens spent nine years as a Montgomery County prosecutor, and your first consultation is complimentary.
How Texas Grades Drug Possession
Texas sorts controlled substances into penalty groups, and the charge depends on the group and the weight. That weight includes any cutting agents or liquid mixed with the drug, not just the pure substance. For the most common groups, possession is graded like this:
- Penalty Group 1 (cocaine, methamphetamine, heroin, and many opioid pills): under 1 gram is a state jail felony, 1 to 4 grams is a third-degree felony, and 4 to 200 grams is a second-degree felony. Fentanyl sits in a separate group with the same possession thresholds.
- Penalty Group 2 (THC concentrates, MDMA, and psilocybin): under 1 gram is a state jail felony, and 1 to 4 grams is a third-degree felony.
- Penalty Group 3 (prescription drugs such as Xanax without a valid prescription): under 28 grams is a Class A misdemeanor.
- Marijuana: 2 ounces or less is a Class B misdemeanor, more than 2 and up to 4 ounces is a Class A misdemeanor, and more than 4 ounces is a felony.
Paraphernalia, such as a pipe or a scale, is usually a Class C misdemeanor.
THC Vapes, Wax, and "Legal" Hemp Products
This is where many young people get caught. Texas law treats THC oil, wax, and vape cartridges as a Penalty Group 2 controlled substance, not as marijuana, and the whole liquid counts toward the weight. Even a cartridge with less than 1 gram is a state jail felony, and a full 1-gram cartridge can raise the charge to a third-degree felony.
Hemp is legal only below a 0.3 percent THC limit, state regulators now count THCA toward that limit for products sold in stores, and a store label proves nothing. The rules have shifted repeatedly since 2025. Sales of hemp products to anyone under 21 are now banned, selling cannabinoid vapes became a crime in September 2025, and after a 2026 Texas Supreme Court decision, delta-8 THC beyond natural trace amounts is treated as a controlled substance. Federal hemp rules are tightening, too. If the product came from a store, tell your lawyer where and when you bought it, and hold on to any receipt.
Traffic Stops, Searches, and the Evidence Against You
Many drug cases are won or lost on how police found the evidence. You never have to consent to a search, and saying no politely is not a crime. Police can still search a car without consent if they have probable cause, and Texas appeals courts have so far continued to accept the odor of marijuana as probable cause, even after hemp became legal. The same rules we outline for your rights during a traffic stop apply here.
That does not make every search lawful. We look at why the car was stopped, how long it was held, what the officer actually saw or smelled, and whether a lab confirmed the substance and its weight. Telling legal hemp from illegal marijuana requires testing the THC concentration, which not every case has. When a search breaks the rules, the evidence can be suppressed, and a case without its evidence often ends in a dismissal.
If you were arrested after a traffic stop, send us a message through the form on this page before your first court date.
First-Offense Options That Can Protect Your Record
A first drug charge does not have to define your future. Depending on the charge and your history, the options can include:
- Mandatory probation. For many first-time state jail felony possession cases, Texas law requires the judge to order probation instead of jail.
- Pretrial diversion. It is rarely approved in Montgomery County, but completing it leads to a dismissal that can be expunged. For misdemeanor marijuana cases, diversion lasts at least six months and usually requires a 15-hour drug education class.
- Drug court. The county's C.A.R.E. drug court offers treatment-focused supervision for eligible people whose charges are tied to addiction.
- Deferred adjudication. There is no conviction if you complete it, and many cases can later be sealed with an order of nondisclosure.
Which option is realistic depends on the facts, the weight, and how early the case is handled.
Possession Versus Intent to Deliver
Prosecutors often upgrade a possession case to possession with intent to deliver based on circumstantial evidence: the amount, individual baggies, a scale, cash, or text messages. Delivery charges carry much higher penalties. Location and method matter, too. Drug offenses within 1,000 feet of a school, playground, or youth center are punished more harshly, and since September 2025, using social media to arrange a delivery raises the penalty one level. Delivering fentanyl that causes a death can now be prosecuted as murder.
None of those assumptions is automatic. People buy in bulk for their own use, scales have ordinary uses, and cash is not a crime. We make the State prove intent with evidence, not guesswork.
What a Drug Conviction Can Affect
Your driver's license. A felony drug conviction brings an automatic license suspension, generally for 90 days, and longer if a required drug education program is not completed. A first misdemeanor conviction leads to a suspension only if the court orders one.
Your immigration status. Almost any drug conviction can make a noncitizen deportable, and deferred adjudication counts. The narrow exception is a single possession of 30 grams or less of marijuana.
Your career. Nursing, teaching, commercial driving, and many other licensed jobs screen for drug offenses.
Your gun rights. A felony drug conviction brings state and federal firearm bans.
Your financial aid. Here is some good news: drug convictions no longer affect eligibility for federal student aid.
Charged With a Drug Offense?
Ask about first-offense options before your first court date. Your first consultation is complimentary. Send us a message using the form below.
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What Parents Should Do After a Teen or College Student Is Arrested
When the call comes from a son or daughter, the instinct is to fix it fast. These steps protect them most:
- Tell them to stop explaining. Well-meant explanations to police, school officials, or friends often become the strongest evidence in the case.
- Handle bond and keep the paperwork. Write down the exact charge and the court date.
- Expect a school response. Texas law requires schools to send students caught with marijuana or THC on or near campus to a disciplinary alternative education program, and the district may even expel them, separate from any criminal case.
- Ask about first-offense options early. Diversion and drug court both depend on how the case is handled from the start.
- Do not rely on the store. "It was legal where I bought it" is not a defense to a THC concentrate charge.
Drug Cases in Montgomery County
Felony drug cases in Montgomery County are heard in the district courts in Conroe, Class A and B misdemeanors go to the County Courts at Law, and Class C paraphernalia cases go to justice or municipal courts. Local enforcement is active. The county's narcotics task force works alongside the Sheriff's Office and local police, and in December 2025 an undercover operation targeting THC vape sales to minors led to the arrest of a smoke shop owner and three clerks and the seizure of 143 vapes. Prosecutors here have also pursued fentanyl deaths as murder cases and won the county's first conviction under that law in 2025.
The C.A.R.E. drug court and the District Attorney's diversion program both have strict eligibility rules, and the District Attorney's Office describes diversion as an extraordinary remedy that is rarely approved. A former Montgomery County prosecutor on your team knows how those requests are evaluated and how to present yours in the strongest light. We also handle drug cases in Harris, Walker, and Grimes Counties.
Frequently Asked Questions About Drug Charges
Is a THC vape pen a felony in Texas?
Usually, yes. THC oil is treated as a Penalty Group 2 substance, and the whole liquid counts toward the weight. Under 1 gram is a state jail felony, and 1 to 4 grams is a third-degree felony.
Can police search my car if they smell marijuana?
Texas appeals courts have so far accepted the odor of marijuana as probable cause, even after hemp became legal. The details of the stop and the search can still be challenged, and a successful challenge can end the case.
Will I go to jail for a first drug possession charge?
Not necessarily. For many first-time state jail felony possession cases, the judge must order probation instead of jail, and diversion or drug court may also be available. The earlier a lawyer gets involved, the more of those options stay open.
Will a drug charge affect my driver's license?
A felony drug conviction brings an automatic suspension, generally for 90 days, and longer if a required drug education program is not completed. For a first misdemeanor conviction, a suspension happens only if the court orders it.
Will a drug conviction affect my financial aid?
No. Drug convictions no longer affect eligibility for federal student aid, although some private scholarships and schools may still ask about them.
Can a drug charge be expunged?
A dismissal, including one earned by completing pretrial diversion, can often be expunged. Deferred adjudication cannot be expunged, but it may qualify for sealing. Learn more about clearing a criminal record.
Talk to a Conroe Drug Charges Lawyer Today
A drug charge is often the first time someone has ever been arrested, and the decisions made in the next few weeks can decide whether it stays on their record for good. Griffin & Cain, Attorneys at Law, defends drug charges in Conroe, The Woodlands, and throughout Montgomery County, with a former Montgomery County prosecutor on our team. If you were also accused of driving while impaired by a drug, our page on drug DWI charges explains how those cases work.
Contact our Conroe office for a complimentary consultation, and we will walk you through the charge, the evidence, and your options.
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Contact Our Office
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We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301