Conroe Drug Possession Attorney

Former Probation Officer. Summa Cum Laude. Fighting Drug Charges in Montgomery County.

A drug possession charge in Texas carries consequences that reach far beyond the courtroom. Jail or prison time, fines, probation, a permanent criminal record, and collateral damage to immigration status, employment, and driving privileges are all on the table. What happens next depends largely on how quickly you act and who is in your corner.

At Jeremy S. Dishongh Law Offices, attorney Jeremy Dishongh brings a perspective most defense lawyers don’t have. Before earning his law degree, he spent two years as a Montgomery County Adult Probation Officer right here in Conroe, watching firsthand how the system processes drug defendants at every stage. That ground-level knowledge informs case strategy from the first hearing to the final resolution. Our firm serves both English- and Spanish-speaking clients and is prepared to fight your case aggressively from day one.

For a confidential review of your case, call our office today at (936) 233-6548 or reach us online.

What Drug Possession Means Under Texas Law

Texas defines drug possession as having a controlled substance on your person or within your care, custody, or control. That includes both actual possession (on your body) and constructive possession (accessible but not physically on you). The prosecution must prove you knew the substance was present and had meaningful control over it. Proximity alone isn’t enough.

Texas categorizes controlled substances into six penalty groups. Each group carries different charges and penalties based on the drug involved and the amount.

Penalty Group 1 includes the most heavily penalized substances:

• Cocaine, heroin, and methamphetamine
• Oxycodone and other opioids
• GHB and ketamine

Penalty Group 1-A covers LSD measured by dosage units rather than weight, and Penalty Group 1-B covers fentanyl and related synthetic opioids. Both carry penalties comparable to Penalty Group 1.

Penalty Group 2 includes MDMA (ecstasy), PCP, psilocybin, mescaline, and THC concentrates such as vape oil, wax, and edibles. Penalty Group 3 covers prescription drugs including Valium, Xanax, and Ritalin. Penalty Group 4 covers compounds containing small amounts of narcotics mixed with non-narcotic ingredients, such as certain prescription cough medicines.

Marijuana remains illegal in Texas but is addressed outside the penalty group framework. Possession of a substance that is lawfully prescribed to you is a complete defense for substances in Groups 3 and 4.

Penalty Exposure by Drug Type and Amount

The grade of a drug possession offense in Texas depends on which penalty group the substance falls into and how much was found. Charges range from a Class B misdemeanor to an enhanced first-degree felony carrying up to life in prison.

Penalty Group 1 possession charges and potential sentences:

• Less than 1 gram: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine
• 1 to 4 grams: Third-degree felony
• 4 to 200 grams: Second-degree felony
• 200 to 400 grams: First-degree felony
• Over 400 grams: Enhanced first-degree felony, 10 to 99 years or life in prison, up to $100,000 fine

Other penalty group ranges:

• Penalty Group 2 under 1 gram: State jail felony
• Penalty Group 3 under 28 grams: Class A misdemeanor, up to 1 year in county jail, up to $4,000 fine
• Penalty Group 4 under 28 grams: Class B misdemeanor, up to 180 days in county jail, up to $2,000 fine
• Drug paraphernalia: Class C misdemeanor, up to $500 fine

Possession near a school, playground, or other Drug-Free Zone can elevate the offense by one degree. Quantities large enough to suggest distribution may prompt prosecutors to pursue possession with intent to deliver, a more serious charge with substantially harsher penalties.

Possession of Drug Paraphernalia

Texas law also prohibits possession of items used to manufacture, cultivate, package, store, or consume controlled substances. Possession of drug paraphernalia is a Class C misdemeanor carrying a fine of up to $500. These charges frequently accompany a possession arrest and can compound a defendant’s legal exposure even when the underlying drug charge is ultimately resolved.

Defenses to Drug Possession Charges in Montgomery County

A charge is not a conviction. Depending on how the arrest and search were conducted, several defense strategies may apply.

Common defenses to drug possession charges include:

• Unlawful search and seizure: Under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23, evidence obtained through an illegal search may be suppressed. A warrantless search is presumed unreasonable unless a recognized exception applies, such as consent, plain view, or probable cause under the automobile exception. When key evidence is suppressed, charges may be dismissed.
• Unlawful traffic stop: Police must have valid reasonable suspicion to initiate a stop. Evidence discovered after a stop that lacked that foundation may be inadmissible.
• Constructive possession: The prosecution must prove you knew the substance was present and exercised control over it. Being in the same car or room as drugs isn’t the same as possessing them.
• Unlawful arrest: If the arrest lacked probable cause, evidence gathered as a result may be challenged.
• Improper chain of custody: If the prosecution can’t account for the handling of drug evidence from seizure through lab testing, that evidence may be challenged.
• Valid prescription, entrapment, mistaken identity, or temporary possession: Each depends on the specific facts of the case.

Every case is different. We evaluate each situation individually before recommending a strategy.

Consequences Beyond the Sentence

A drug conviction in Texas can affect your life in ways that extend well beyond any jail term or fine. These collateral consequences are part of why an effective defense matters.

A drug conviction may carry the following consequences:

• Immigration: A drug conviction can trigger deportability or inadmissibility under federal immigration law, even for lawful permanent residents. Our firm defends clients whose immigration status may be at risk from a drug charge.
• Driver’s license: Under Texas Transportation Code Section 521.372, a drug conviction may result in a 180-day license suspension. An Occupational Driver’s License may be available to allow driving to work, school, and essential activities during that period.
• Employment and professional licensing: Employers and licensing boards routinely flag drug convictions. Positions requiring security clearances and licensed professions may become inaccessible.
• Housing: Landlords and public housing programs may deny applicants with drug convictions on their record.
• Federal student aid: A drug conviction, including in some deferred adjudication situations, may affect eligibility for federal financial aid.
• Civil rights: A felony drug conviction in Texas may result in the loss of the right to possess firearms and hold certain professional licenses, and can suspend voting rights while on supervision or incarcerated.

We also defend clients with complex criminal histories, including those whose current charge could trigger enhanced sentencing under habitual-offender provisions.

Why Conroe Residents Choose Jeremy Dishongh for Drug Defense

Jeremy Dishongh served as a Montgomery County Adult Probation Officer from 1999 to 2001 before attending law school. He understands how the local system handles drug defendants at every stage because he worked inside it. He graduated number three in his class from South Texas College of Law, receiving his J.D. Summa Cum Laude in 2003. That combination of system-level insight and academic rigor translates directly into sharper case strategy for clients facing charges in Conroe and across Montgomery County.

He is a member of both the Texas Criminal Defense Lawyers Association and the Montgomery County Criminal Defense Lawyers Association. Our firm has obtained numerous Not Guilty verdicts in jury trials and had thousands of cases dismissed across Montgomery, Harris, Walker, and Galveston Counties. We provide bilingual legal services in English and Spanish and represent clients regardless of immigration status or criminal history.

When you work with us, you can expect:

• Honest guidance from the start
• A defense strategy built around your specific facts
• Aggressive representation at every stage of the case
• Open communication so you always know where things stand

Start Your Defense with a Confidential Consultation

The earlier we get involved, the more options we have. Once we review your case, we can evaluate the legality of the stop, search, and arrest, explain your rights, and help you make informed decisions about how to proceed. We’ll stand by you from the first conversation through the final resolution.

To speak with a drug possession lawyer in Conroe, call our office today at (936) 233-6548 or contact us online.