Drug Possession Defense in Plano, TX

30 Years Defending Collin County. Attorney Mac Morris Handles Every Case Personally.

A drug possession charge in Texas carries real consequences: prison time, thousands of dollars in fines, and a permanent criminal record that follows you into job applications, housing searches, and professional licensing boards. The defense you build in the days immediately after an arrest can shape everything that follows. At Law Office of Mac Morris, Attorney Bryan Mac Morris has resolved approximately 7,500 criminal matters since 1995 and personally handles every case. No associates. No paralegals managing your file.

Attorney Mac Morris is available 24/7 for a free initial consultation. Call (972) 846-8214 to speak directly with him about your situation. Hablamos español.

Schedule your free consultation with our Plano drug possession lawyer by calling (972) 846-8214 or filing a request online.

What Constitutes Drug Possession Under Texas Law

Texas law defines drug possession as knowingly or intentionally possessing a controlled substance. That standard matters: the prosecution must prove you were aware of the substance’s presence and its nature, not simply that it was nearby.

The Texas Controlled Substances Act organizes prohibited substances into penalty groups. The penalty group a substance belongs to, combined with the quantity possessed, determines how a charge is classified and what sentence a conviction can carry. Possession ranges from a Class B misdemeanor at the low end to an enhanced first-degree felony at the high end. Possession of a prescription medication without a valid prescription from a licensed physician is also prohibited, regardless of whether the substance is typically associated with street use.

Drug Possession Penalties by Substance & Quantity

Texas structures its penalties around substance type and quantity. The ranges below reflect the statutory framework; the actual charge and exposure in any individual case depends on the specific facts.

Penalty Group 1: Cocaine, Methamphetamine, Heroin & Opiates

Penalty Group 1 substances carry the most serious possession penalties in Texas. The charge level rises with the amount possessed:

• Less than 1 gram: State jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000
• 1 to 4 grams: Third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000
• 4 to 200 grams: Second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000
• 200 to 400 grams: First-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000
• Over 400 grams: Enhanced first-degree felony, punishable by 10 to 99 years or life in prison and a fine of up to $100,000

Penalty Group 2: MDMA, THC Concentrate, Psilocybin & Others

Penalty Group 2 includes MDMA (ecstasy), THC concentrates, psilocybin (mushrooms), mescaline, and DMT. Possession of less than one gram is a state jail felony. Larger amounts escalate from there: one to four grams is a third-degree felony, and four to 400 grams is a second-degree felony. Possession of 400 grams or more is a first-degree felony punishable by five to 99 years or life and a fine of up to $50,000. THC vaping products and concentrates fall under Penalty Group 2, which means any amount can be charged as a felony regardless of quantity.

Penalty Group 3: Prescription Drugs

Possessing a Penalty Group 3 substance without a valid prescription, such as certain stimulants or benzodiazepines, is generally charged as a misdemeanor for amounts under 28 grams. Quantities above 28 grams may be charged as a felony.

Marijuana

Marijuana is classified separately from the numbered penalty groups in Texas. Possession charges scale as follows:

• Less than 2 ounces: Class B misdemeanor, up to 180 days in jail and/or a fine of up to $2,000
• 2 to 4 ounces: Class A misdemeanor, up to 1 year in jail and/or a fine of up to $4,000
• 4 ounces to 5 pounds: State jail felony, 180 days to 2 years and a fine of up to $10,000
• 5 to 50 pounds: Third-degree felony, 2 to 10 years in prison and a fine of up to $10,000
• 50 to 2,000 pounds: Second-degree felony, 2 to 20 years in prison and a fine of up to $10,000
• 2,000 pounds or more: First-degree felony, 5 to 99 years or life in prison and a fine of up to $50,000

For more detail on marijuana-specific charges, see our marijuana possession page.

Consequences Beyond the Sentence

The criminal penalty is only part of what’s at stake. A conviction creates a permanent record that can prevent you from securing employment, renting housing, obtaining a professional or occupational license, or qualifying for federal student financial aid. Texas law also provides for driver’s license suspension following certain drug convictions, and for non-citizens, a possession conviction may affect immigration status and eligibility to remain in the country.

In some cases, defendants who qualify may avoid a final conviction entirely. Deferred adjudication and completion of a drug treatment program may preserve eligibility for expunction or non-disclosure of the record later, which can help keep a conviction off your permanent history. Whether those options are available depends on the specific charge and the facts of your case.

How We Defend Drug Possession Cases in Collin County

Every drug possession case turns on its own facts, and the defense strategy follows from those facts. Attorney Mac Morris investigates each case from the ground up. Several legal issues commonly arise in Collin County possession cases:

• Unlawful stop or search: Law enforcement must have reasonable suspicion for a traffic stop and probable cause to conduct a search. Evidence obtained through an unlawful stop or search can be challenged through a motion to suppress. If the court grants the motion, the drug evidence may be excluded entirely.
• Constructive possession: When drugs are found in a shared space, such as a vehicle or apartment with multiple occupants, the prosecution must prove the defendant specifically knew about and controlled the substance. Contesting that link is a viable defense.
• Chain of custody and lab analysis: Drug evidence must be properly collected, stored, and tested. Errors in chain of custody or laboratory procedures can affect the admissibility or reliability of that evidence.
• Diversion and treatment alternatives: Defendants with substance dependency issues may qualify for diversion programs or plea agreements that prioritize treatment over incarceration, particularly in Collin County courts.

Attorney Mac Morris is known to local prosecutors and judges throughout Collin County. That familiarity, built over nearly three decades of practice here, can be advantageous during negotiations and at every stage of a case. His background as a former teacher also shapes how he works with clients: he prepares people to understand every decision they’re being asked to make, so they’re active participants in their own defense rather than bystanders.

Why Plano Residents Choose Law Office of Mac Morris

When you’re facing a drug possession charge, who handles your case matters as much as the strategy itself. Attorney Bryan Mac Morris takes your case himself. He has handled more than 500 jury trials and achieved dismissals or reductions in more than 2,500 cases. The firm has been serving clients in Collin County since 1995, and that continuity means Attorney Mac Morris understands the courts, the prosecutors, and how drug cases actually move through the local system. Larger firms often route cases through associates; here, the attorney you meet at your free consultation is the attorney who prepares your motions, negotiates on your behalf, and stands next to you in court.

Contact us today at (972) 846-8214 to discuss your case and learn what your options are.