Drug Charges We Defend Throughout Texas

If you have been arrested, charged, or told that you are under investigation for a drug offense in Texas, one of the first questions you probably have is what happens next. The answer depends on what substance is involved, the amount, what police claim you were doing with it, where the alleged offense occurred, and how the evidence was obtained.

I am Dr. Lloyd A. Newton, a Texas drug defense attorney serving clients statewide. I defend people facing misdemeanor and felony drug allegations throughout Texas, from simple possession cases to serious allegations involving manufacturing, delivery, trafficking, conspiracy, and federal investigations.

An arrest is not a conviction. The government still has the burden of proving the charge, and the evidence against you should be carefully examined before decisions are made about your case.

Below are some of the drug charges I defend throughout Texas.

Drug Possession

Drug possession charges can involve anything from a small amount allegedly found during a traffic stop to controlled substances discovered in a vehicle, home, hotel room, backpack, or other location used by several people.

The prosecution generally must do more than show that drugs were nearby. Whether the State can connect you to the substance and prove that you knowingly or intentionally possessed it can become an important issue, particularly when several people had access to the place where the drugs were found.

Texas classifies controlled substances into different penalty groups, and possible punishment can depend heavily on the substance and amount involved.

Marijuana Charges

Texas marijuana cases can involve possession, delivery, cultivation, or larger quantities that prosecutors may claim were intended for distribution.

Marijuana laws are also more complicated than they once were because marijuana and legal hemp can look and smell alike. The source of the product, its chemical composition, laboratory testing, and other evidence may become important in determining what the State can prove.

Police searches, vehicle stops, statements, ownership of the marijuana, and access to the location where it was discovered can also affect a possession case.

THC Concentrates and Vape Cartridges

THC concentrates, oils, waxes, edibles, and vape cartridges can create legal problems that are very different from a traditional marijuana possession case.

A product sold at a vape shop, smoke shop, convenience store, or online should not automatically be assumed to be legal. Texas law distinguishes between qualifying hemp products and controlled forms of THC. Laboratory results, THC concentration, the particular cannabinoid involved, labeling, and the origin of the product can all matter.

Texas DSHS currently states that delta-8 THC is a controlled substance, with the state’s applicable scheduling action effective July 31, 2026. Products containing more than permitted trace amounts may result in law-enforcement action.

Cocaine Charges

Cocaine possession, manufacture, delivery, or possession with intent to deliver can result in felony charges under Texas law.

The seriousness of the allegation can depend on the weight attributed to the substance and whether prosecutors claim there is evidence of distribution. Packaging materials, scales, cash, text messages, phone records, statements, and the circumstances surrounding an arrest may all become part of the government’s case.

It is also important to examine how the cocaine was discovered and whether police had a lawful basis for the search.

Methamphetamine Charges

Methamphetamine cases can range from possession of a small amount to allegations involving manufacturing, distribution, organized activity, or large quantities of drugs.

Police and prosecutors may rely on far more than the substance itself. They may use digital communications, surveillance, informants, controlled buys, scales, packaging, cash, or other evidence to argue that a person was involved in distribution.

Each piece of that evidence should be examined in context. Possession of a substance and participation in a drug distribution operation are not the same thing.

Fentanyl Charges

Texas law treats fentanyl offenses very seriously. Possession, manufacture, delivery, and possession with intent to deliver can result in substantial felony exposure, depending on the amount and circumstances.

Fentanyl cases can also involve counterfeit pills that a person may have believed contained another drug. Laboratory testing can therefore be especially important in determining what substance was actually present and in what quantity.

A fentanyl allegation deserves careful review of the lab evidence, alleged possession, search and seizure, witness testimony, digital evidence, and any claim that the substance was being distributed.

Heroin and Other Opioid Charges

Heroin and other controlled opioids can lead to serious Texas drug charges. Depending on the substance and circumstances, a person may face allegations of possession, delivery, manufacture, or possession with intent to deliver.

These cases frequently raise questions about where the drugs were discovered, who controlled the location, whether multiple people had access, and what evidence connects a particular person to the substance.

If the case involves prescription opioids such as hydrocodone or oxycodone, whether there was a valid prescription may also become important.

Prescription Drug Charges

A prescription medication can still lead to a criminal charge when police or prosecutors believe it was possessed, obtained, transferred, or distributed without lawful authorization.

Cases may involve medications such as Xanax, Adderall, hydrocodone, oxycodone, codeine, or other controlled substances. They can arise when pills are found outside their original container, a prescription belongs to another person, law enforcement questions how the medication was obtained, or someone is accused of selling or sharing prescription drugs.

The existence of a valid prescription, medical records, pharmacy records, possession of the medication, and the circumstances surrounding the investigation may all be important.

Drug Manufacturing Charges

“Manufacturing” can mean more than operating a large illegal drug laboratory. Texas law uses a broad definition that can apply to producing, preparing, processing, compounding, or otherwise creating certain controlled substances.

Manufacturing allegations may involve methamphetamine, THC concentrates, counterfeit pills, cultivated substances, or other controlled drugs.

These cases can rely heavily on physical evidence, chemical evidence, laboratory testing, equipment, purchases, surveillance, electronic communications, and statements made during an investigation.

Drug Delivery Charges

Under Texas law, “delivery” has a broader meaning than many people expect. It can include an actual or constructive transfer of a controlled substance and can include an offer to sell.

That means a delivery case does not always involve police catching someone physically handing drugs to another person.

Cases may arise from controlled buys, confidential informants, undercover officers, text messages, social media conversations, recorded calls, surveillance, or statements made after an arrest.

Possession With Intent to Deliver

Possession and possession with intent to deliver are different allegations.

When prosecutors claim that drugs were intended for distribution, they may point to quantity, packaging, scales, cash, communications, multiple containers, surveillance, or other circumstances. Texas law specifically addresses possession with intent to deliver within its manufacture and delivery statutes.

Those circumstances do not automatically prove intent. The entire situation must be evaluated, including whether the State can first prove that you knowingly possessed the drugs at all.

Drug Paraphernalia Charges

Texas law regulates possession and delivery of certain items when they are used or intended to be used with controlled substances.

Drug paraphernalia can include items allegedly intended for preparing, packaging, storing, concealing, testing, or consuming controlled substances. Whether an everyday object qualifies as drug paraphernalia may depend in part on how prosecutors claim it was intended to be used.

Texas law treats possession of paraphernalia differently from delivery or manufacture with intent to deliver paraphernalia, so the exact allegation matters.

Drug-Free Zone Allegations

The location of an alleged drug offense can sometimes increase the potential consequences.

Texas law contains enhanced provisions for certain drug offenses committed in designated drug-free zones. Depending on the circumstances, these can include areas associated with schools, playgrounds, youth centers, and other locations identified by statute.

These allegations should not simply be accepted based on an officer’s description of the location. The actual location, distance, type of property, underlying offense, and requirements of the statute should be examined.

Federal Drug Charges

Some drug investigations are prosecuted in federal court rather than Texas state court. Others may begin as local investigations and later involve federal agencies or a federal prosecution.

Federal cases can involve allegations of large-scale distribution, trafficking networks, interstate activity, conspiracy, controlled substances sent through the mail, financial transactions, firearms, or investigations involving agencies such as the DEA, FBI, Homeland Security Investigations, or federal task forces.

Federal criminal procedure and sentencing differ significantly from Texas state court. If you believe you are under federal investigation, getting legal advice before speaking with investigators can be especially important.

Drug Conspiracy Allegations

A person does not necessarily have to be accused of physically possessing drugs to become involved in a larger drug investigation.

Conspiracy cases can focus on an alleged agreement among multiple people to participate in criminal activity. Prosecutors may rely on text messages, calls, money transfers, surveillance, informants, cooperating witnesses, controlled purchases, travel records, social media, and other evidence to try to establish each person’s role.

Being associated with someone accused of dealing drugs does not automatically establish criminal responsibility. The evidence tying you to the alleged agreement and your actual conduct must be examined carefully.

Probation and Bond Violations Involving Drugs

A drug allegation can create additional problems when you are already on probation, deferred adjudication, community supervision, or bond.

An arrest, positive drug test, missed test, possession allegation, prohibited contact, or other claimed violation may lead to a motion to revoke probation, motion to adjudicate, bond modification, or bond revocation.

A new allegation is still an allegation. The underlying facts, testing procedures, conditions imposed by the court, and evidence of the claimed violation should be reviewed before determining how to respond.

What Could Affect the Outcome of a Texas Drug Case?

Two people arrested for what appears to be the same drug offense may have very different cases.

Important questions can include:

• What substance did the government actually seize?
• How much of it was present?
• Has the substance been properly tested?
• Where was it found?
• Who owned or controlled that location?
• Did other people have access to it?
• Can the State prove you knew the substance was there?
• Was there a valid prescription or other lawful authorization?
• Did police have legal grounds to stop, detain, search, or arrest you?
• Was a search warrant valid and properly executed?
• Were statements obtained lawfully?
• Are prosecutors alleging possession or intent to deliver?
• Are confidential informants or cooperating witnesses involved?
• Is digital evidence being used against you?
• Does the government have evidence that actually connects you to the alleged offense?

These questions matter because a drug defense should be based on the evidence and law in your particular case, not simply the name of the charge printed on a court document.

A Drug Arrest Does Not Decide the Outcome

Being arrested can make it feel as though the case has already been decided. It has not.

The prosecution must prove the elements of the offense. Evidence may be challenged. Searches may need to be examined. Laboratory results may raise questions. Witnesses may have credibility problems. Possession may be disputed. Evidence that prosecutors claim shows an intent to deliver may have another explanation.

No attorney can promise that a charge will be dismissed or predict a particular result without carefully reviewing the case. What I can do is help you understand what you are facing, examine the evidence and legal issues, and build a defense based on the facts.

Texas Drug Defense for Clients Statewide

I represent people facing drug charges throughout Texas. Whether your case involves a misdemeanor possession allegation, a felony controlled-substance charge, a THC cartridge, prescription medication, manufacturing or delivery, or a more complicated state or federal investigation, the first step is understanding exactly what the government claims happened.

My process is straightforward:

Tell Me What Happened. We start with the arrest, investigation, charge, and what you know about the evidence.

Understand the Case. I examine the allegations, applicable Texas or federal law, evidence, searches, statements, laboratory issues, and potential consequences.

Build a Path Forward. We identify the legal and factual issues that may affect your defense and determine how to move forward.

Speak With a Texas Drug Defense Attorney

If you have been arrested or are under investigation for a drug offense anywhere in Texas, you do not have to figure out the criminal justice system by yourself.

The earlier I understand what happened, the sooner I can help you identify the important issues in your case.

This page provides general information about Texas drug charges and is not legal advice. Drug laws and procedures can change, and the outcome of any criminal case depends on its particular facts and circumstances. Reading this website or contacting the firm does not by itself create an attorney-client relationship.