San Antonio Drug Crimes Lawyer: Defending State and Federal Drug Charges in Bexar County

A drug arrest can change your life before you have had a chance to understand it. Depending on the substance, the amount and where it was found, a charge can range from a fine-only paraphernalia citation to a felony that carries a long prison term. A conviction can also cost you a job, a professional license, housing and your gun rights, whatever sentence the judge imposes. Barton & Associates defends people charged with drug offenses in Bexar County and in the federal courts that sit in San Antonio, from a first possession charge to a delivery or conspiracy case.

Drug defense is one part of the work of our San Antonio criminal defense attorney team. This page explains how Texas classifies drug offenses, what each charge carries, how a case moves through the Bexar County courts, where the State’s evidence tends to be weakest and what happens in federal court. Your first consultation is free.

How Texas Classifies Drug Offenses

Most drug crimes in Texas come from the Controlled Substances Act, Chapter 481 of the Health and Safety Code. Texas does not use the federal schedules to set punishment. It sorts controlled substances into Penalty Groups, and the group, the weight and the conduct alleged together decide the grade of the offense. A small amount of a Penalty Group 1 substance such as cocaine, heroin or methamphetamine is already a felony, while the same weight of a Penalty Group 4 substance is a misdemeanor. Weight counts everything in the container, including cutting agents, which is why lab results matter so much. LSD is measured in dosage units instead of grams.

Marijuana is handled separately and graded by weight. Prescription-only drugs that are not in any Penalty Group fall under a different statute, Chapter 483, the Dangerous Drugs Act. And the conduct alleged matters as much as the substance. Possession, possession with intent to deliver, delivery, manufacture, fraud to obtain a prescription and possession of paraphernalia are all separate offenses with their own punishment ranges.

Drug Charges We Defend in Bexar County

Each page below goes deeper on one kind of case. If your charge does not fit neatly under one of them, call us, because many drug cases involve more than one issue.

• Possession of a controlled substance: cocaine, methamphetamine, heroin, ecstasy, pills and other substances in the Penalty Groups.
• Possession of marijuana: charges graded by weight, from a Class B misdemeanor to a felony.
• Manufacture and delivery of controlled substances: sale, transfer and possession with intent to deliver.
• Drug paraphernalia: charges based on pipes, scales, baggies and similar items.
• Prescription medications: pills without a valid prescription, forged or doctor-shopped prescriptions and dangerous drug cases.
• Drug-free zone enhancements: higher punishment for offenses near schools, parks and other protected places.
• Federal drug crimes: DEA and task force investigations, conspiracy and trafficking charges in federal court.
• Asset forfeiture defense: cash, vehicles and other property seized in a drug investigation.
• Probation violations for drug crimes: failed drug tests and motions to revoke after a drug conviction.
• Expungement and nondisclosure for drug offenses: sealing or removing the record after a case ends.

Possession Charges: Penalty Groups and Weight

The weights below are aggregate weights, including any adulterants or dilutants. Use them to see what is at stake, not as a prediction for your case. Punishment for a state jail felony is 180 days to two years and a fine of up to $10,000. A third-degree felony carries two to 10 years, a second-degree felony two to 20 years and a first-degree felony five to 99 years or life.

• Penalty Group 1 (Section 481.115). Under 1 gram is a state jail felony. One gram to under 4 grams is a third-degree felony, 4 to under 200 grams is a second-degree felony, 200 to under 400 grams is a first-degree felony and 400 grams or more is a first-degree felony with a minimum of 10 years and a fine of up to $100,000. This is the group that covers cocaine, heroin and methamphetamine.
• Penalty Group 2 (Section 481.116). Under 1 gram is a state jail felony, 1 to under 4 grams is a third-degree felony, 4 to under 400 grams is a second-degree felony and 400 grams or more is a first-degree felony. Ecstasy (MDMA) and PCP are examples.
• Penalty Group 3 (Section 481.117). Under 28 grams is a Class A misdemeanor, 28 to under 200 grams is a third-degree felony, 200 to under 400 grams is a second-degree felony and 400 grams or more is a first-degree felony. Certain prescription drugs, including benzodiazepines, are in this group.
• Penalty Group 4 (Section 481.118). Under 28 grams is a Class B misdemeanor, with the same felony steps as Group 3 at 28, 200 and 400 grams.
• Marijuana (Section 481.121). Two ounces or less is a Class B misdemeanor and more than two ounces up to four ounces is a Class A misdemeanor. Over four ounces up to five pounds is a state jail felony, and the felony grades climb with weight from there.

Two points surprise people. The first is that very small amounts of Penalty Group 1 drugs are felonies, and the amount can include the packaging medium and cut. The second is how much room lies between the lowest and highest tiers of a single group. A charge can often be defended by challenging the weight when it is close to a threshold, or by showing the substance was not what the State says it is. Hemp with a delta-9 THC concentration of 0.3 percent or less is lawful, and field tests cannot tell hemp from marijuana, so a marijuana case should not proceed on an officer’s say-so alone. Texas rules for hemp-derived THC products have been changing, so ask about the current ones.

The lower tiers are misdemeanors, and a misdemeanor drug charge is still a criminal record. The general rules for charges at that level are covered by a misdemeanor lawyer in San Antonio, and a felony drug case belongs with a San Antonio felony attorney who handles the grand jury stage. Our article on Texas drug possession penalties compares the groups side by side.

Possession With Intent to Deliver, Delivery and Manufacture

Delivery charges are much more serious than possession of the same amount. Under Section 481.112, a person who knowingly manufactures, delivers or possesses with intent to deliver a Penalty Group 1 substance is charged by weight: under 1 gram is a state jail felony, 1 to under 4 grams a second-degree felony, 4 to under 200 grams a first-degree felony, 200 to under 400 grams a first-degree felony with a 10-year minimum and 400 grams or more a first-degree felony with a 15-year minimum. Delivery of marijuana is graded differently under Section 481.120. A gift of a quarter ounce or less with no payment is a Class B misdemeanor, and the same amount with payment is a Class A misdemeanor. Larger amounts become state jail felonies and then second- and first-degree felonies. Delivering a controlled substance to a child is a second-degree felony under Section 481.122.

The State does not have to catch anyone selling. Intent to deliver is usually inferred from circumstances such as the amount, how the substance was packaged, scales or baggies, a large amount of cash, several phones and messages that read like sales. Each of those is something the defense can dispute. The same amount, packaging and cash can be consistent with personal use or a legitimate source, and a prosecutor needs more than suspicion to move a possession case up to a delivery case.

Drug-Free Zones and Other Enhancements

Where an offense happened can raise the punishment. Section 481.134 enhances specified drug offenses that occur on or near protected places. Near a school, youth center or playground, or on a school bus, the statute either raises the offense by a degree or adds time and doubles the maximum fine, depending on the offense. Colleges, public swimming pools and video arcades fall under a separate subsection with its own distances. The enhanced punishment cannot run at the same time as a sentence for any other crime.

In San Antonio, where schools, parks and playgrounds sit close together, a map can turn a modest possession charge into a serious one. Because the State must prove the location, we check the distances, the type of property and whether it qualifies. Our page on drug-free zone enhancements, listed above, explains the specific rules. Other enhancements matter too: prior convictions can raise punishment, and a firearm found with drugs can lead to separate counts, which a weapons charges attorney in San Antonio can address.

Prescription Drugs, Dangerous Drugs and Paraphernalia

Not every drug case involves an illegal street drug. Possessing a pill without a valid prescription can be charged under the Penalty Groups, and possessing a prescription-only drug that is not in a Penalty Group is a Class A misdemeanor under the Dangerous Drugs Act (Section 483.041). Obtaining a controlled substance by fraud, a forged prescription or concealing another doctor’s prescription is a separate offense under Section 481.129, graded as a felony for the more serious drugs. The first step in these cases is to gather the prescription history, since a valid prescription is often the answer. Our page on prescription medications, listed above, covers these cases in detail.

Paraphernalia is charged under Section 481.125. Using or possessing paraphernalia is a Class C misdemeanor. Delivering it is a Class A misdemeanor, and delivering it to a child at least three years younger than the adult is a state jail felony. Impairment cases overlap with drug law as well. When a driver is accused of being impaired by a drug or a prescription, the charge is DWI, and our page on drug-related DWI charges covers it.

Texas law also protects some people who call for help. A person who is the first to request emergency medical help for a possible overdose may have a defense to the lowest-level possession charges, and so may the person who overdosed. The defense is limited to specific offenses and is lost in several situations, including an arrest in progress, certain other offenses, prior drug convictions and a call for help within the previous 18 months. If you called 911 for someone else or for yourself, tell your lawyer right away.

What Happens After a Drug Arrest in San Antonio

The sequence is the same in most cases, though the timing varies.

1. The arrest and search. Officers from the San Antonio Police Department, the Bexar County Sheriff’s Office or the Department of Public Safety may arrest during a traffic stop, after a search of a home or car or under an arrest warrant. Anything you say to them can be used, so say little. See our guide to your rights during a police stop.
2. Magistration and bond. You must be brought before a magistrate within 48 hours, who sets bond and conditions such as drug testing or reporting. Our article explains how bond works in Texas.
3. The lab. In most drug cases the substance is sent for testing before a case moves forward. A felony may take weeks to be filed while the lab report and the officers’ reports are collected.
4. Filing. A misdemeanor goes to a Bexar County court at law. A felony goes to the grand jury for an indictment, and our article on the grand jury indictment process explains that step.
5. Pretrial work. We obtain the offense report, body camera video, the lab file and any warrant, and file motions to suppress where the evidence supports them.
6. Resolution. The case ends in dismissal, a negotiated plea or reduction, diversion, deferred adjudication or probation, or a trial.

If you have just been arrested, our guide to what to do after an arrest lists the first steps, and your first court date explains the first appearance.

Searches, Stops and Evidence

Many drug cases begin with a search, and many are won or lost on whether the search was lawful. The Fourth Amendment and Article 38.23 of the Code of Criminal Procedure keep evidence obtained unlawfully out of a criminal trial, subject to exceptions. We look at each step: why the officer stopped the car, whether the stop was extended beyond its purpose to wait for a drug dog, whether a warrant affidavit supports the search, whether a consent to search was voluntary and whether an inventory search went beyond what it allows. If the stop or search was unlawful, a motion to suppress can remove the evidence, and without it the State may have no case.

Other challenges concern the proof itself. The State must show that the substance is a controlled substance, that it weighed what the lab says and that the evidence was handled properly from the scene to the courtroom. Where drugs were found in a shared car or home, it must also tie the drugs to you. This is the constructive possession issue: the State has to prove that you knew the substance was there and that you had control over it, and being nearby is not enough. Texas courts look for links between the person and the drugs, such as fingerprints, statements, messages, money, or the drugs being in your personal belongings. When there are several people in the car and nothing connects the drugs to you, the State may struggle to meet its burden.

Ways to Resolve a Drug Case

The outcome depends on the evidence, your history and what the prosecutor is willing to offer, and the options include these.

• Dismissal. A suppressed search, a lab problem or a lack of proof can end a case.
• Pretrial diversion. The Bexar County Criminal District Attorney’s Office has operated a pretrial diversion program for some first-time, nonviolent defendants, and completing it can lead to dismissal. Eligibility depends on current office policy and the charge, and some offenses are excluded.
• Treatment court. Bexar County’s Camino Court is a court-supervised substance abuse treatment program. According to the county, it serves people 17 or older with a moderate or severe substance use disorder who have a misdemeanor case, live or work in Bexar County and do not have a pending felony or violent offense charge.
• Deferred adjudication or probation. A judge may place a defendant on community supervision with conditions such as testing and treatment. Our page on deferred adjudication in Texas explains how it works and what it does not do.
• Reduction or plea. A negotiated reduction, for example a felony to a state jail felony or a misdemeanor, can change the long-term consequences.
• Trial. If the evidence is weak or an offer is not acceptable, we prepare for trial.

If you are already on probation and have been accused of using or possessing drugs, a motion to revoke raises different stakes. A San Antonio motion to revoke probation attorney can explain the hearing, and our page on drug-related probation violations, listed above, covers the common situations.

Federal Drug Charges in San Antonio

Federal drug cases in San Antonio are brought by the United States Attorney’s Office in the San Antonio Division of the Western District of Texas, often after an investigation by the DEA, Homeland Security Investigations or a task force. They typically involve larger quantities, alleged conspiracies or several defendants, and federal prosecutors commonly charge drug trafficking under 21 U.S.C. Section 841. Our page on federal drug crimes, listed above, explains the process.

Federal punishment follows the Sentencing Guidelines and, for many offenses, statutory minimums. Under Section 841(b), the drug and the quantity decide the tier. As an example, 500 grams or more of a cocaine mixture carries five to 40 years, and 5 kilograms or more carries 10 years to life. There is no parole in the federal system. Two provisions can reduce a sentence below the minimum. A court can sentence below it on the government’s motion if the defendant gave substantial assistance (18 U.S.C. Section 3553(e)). And under the safety valve in Section 3553(f), a defendant with limited criminal history who did not use violence or a weapon, did not cause death or serious injury, was not a leader or organizer and truthfully gives the government what they know can be sentenced under the guidelines without regard to the minimum. Cooperation and the safety valve have serious consequences, so those decisions should be made with a lawyer who has reviewed the evidence.

Asset Forfeiture After a Drug Investigation

Police and prosecutors can seize cash, vehicles and other property they say is connected to a drug offense. In Texas, forfeiture is handled under Chapter 59 of the Code of Criminal Procedure, usually as a civil case that runs next to the criminal one. Federal agencies have their own forfeiture process. Notices carry short deadlines, so a seizure should not be ignored. Our page on asset forfeiture defense, listed above, explains how a claim is made.

Consequences Beyond the Sentence

A drug case reaches into parts of life that have little to do with the court’s judgment.

• Licenses and work. Nurses, teachers, commercial drivers, security officers and other licensed workers may face board action or employer discipline. See our page for people arrested while holding a professional license.
• Military service. Service members at Joint Base San Antonio can face command action and loss of a clearance in addition to the civilian case. Our page for those arrested as a service member covers active duty and veterans.
• Immigration. Drug offenses can have severe immigration consequences, and immigration law may treat a deferred adjudication as a conviction. A non-citizen should tell the lawyer before accepting any plea.
• Housing, benefits and students. Landlords and public housing providers can react to an arrest or conviction. Federal student aid rules that once suspended aid after a drug conviction have been removed beginning with the 2023-24 award year, according to university financial aid offices, but state and school rules differ, so check with the school.
• Firearms. A felony conviction bars gun possession, and drug use creates its own federal firearm problems.

Clearing Your Record After a Drug Case

The way a case ends decides what relief you can seek later. An expunction can remove arrest records after a dismissal or acquittal, and in some cases an order of nondisclosure can seal a record after a waiting period. Drug offenses have their own eligibility rules, and the rules differ for deferred adjudication and for convictions. Our guides to Texas expunction and the nondisclosure guide explain how each works, and an expungement lawyer in San Antonio can check your eligibility. We plan for the record from the first day, because the choice of resolution can open or close those options.

Why San Antonio Clients Choose Barton & Associates for Drug Crime Defense

When you are choosing a drug defense attorney in San Antonio, look for a team that reads the file closely and is willing to try the case, because these cases are won on details, such as a search that should not have happened, a lab report with a gap or a possession theory with no link to the client. Gary J. Barton, our founding attorney, is a former Capital Murder prosecutor who is Board Certified in Criminal Law and has tried more than 100 cases to a jury. Managing attorney Duane Graeff has practiced for more than 26 years in Texas state and federal courts, which matters when a state case could turn into a federal one. They work with the other criminal defense trial attorneys at the firm. Any Texas lawyer’s license and board certification can be checked in the State Bar of Texas directory, and we encourage you to check ours.

• We start with the evidence. The stop, the search, the lab and the chain of custody get a hard look before we talk about a plea.
• We explain the exposure. You will hear the realistic range for your charge and what each option would cost you.
• We look beyond the sentence. Licenses, immigration status, military service and your record all affect which resolution is right.
• We are honest about outcomes. No lawyer can promise a result, and we will not.

Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205, and you can get directions to our office before your visit. These items help us start, but call even if you cannot find them all.

• The arrest paperwork, bond conditions and your next court date.
• Any citation, search warrant or property receipt you were given.
• The name of the arresting agency and the officers, if you know them.
• Prescriptions or pharmacy records, if medication is involved.
• Videos, photographs or messages related to the stop or the arrest.
• A list of any prior cases, and any pending probation or immigration matters.

Frequently Asked Questions About Drug Charges in San Antonio and Bexar County

What should I do right after a drug arrest in San Antonio?

Say little, ask for a lawyer and do not consent to a search of your phone, car or home. Write down everything you remember about the stop while it is fresh, keep any paperwork you were given and follow every bond condition exactly, including drug testing. Do not discuss the facts with anyone but your lawyer, because jail calls and messages can be used. A felony arrest can feel like an emergency, and our article on facing a felony charge lays out the first steps.

Is drug possession a misdemeanor or a felony in Texas?

It depends on the substance and the amount. Under Chapter 481, small amounts of Penalty Group 3 or 4 substances and up to four ounces of marijuana are misdemeanors, while any amount of a Penalty Group 1 or 2 substance is a felony. Higher weights raise the grade within each group. Prior convictions and the place of the offense can raise it further. Our overview of the felony versus misdemeanor in Texas explains why the grade matters so much.

What is the difference between possession and possession with intent to deliver?

Possession means you knowingly had the substance. Possession with intent to deliver, charged under Section 481.112 for Penalty Group 1, means the State claims you meant to distribute it, and it is punished far more heavily. Prosecutors usually prove intent through the amount, packaging, scales, cash, phones and messages. That is circumstantial evidence, and it can often be explained or challenged. A reduction from a delivery charge to possession can change the sentencing range dramatically.

How much marijuana makes it a felony, and does hemp matter?

Two ounces or less is a Class B misdemeanor and more than two ounces up to four ounces is a Class A misdemeanor under Section 481.121. Over four ounces is a state jail felony, and the grade rises with weight. Hemp with 0.3 percent or less delta-9 THC is lawful in Texas, but a field test cannot distinguish it from marijuana, so lab testing can decide a case. Concentrates, edibles and vape cartridges are treated differently from plant material, so tell your lawyer exactly what was seized.

Can police search my car without a warrant?

Sometimes. Officers may search with your consent, with probable cause, after an arrest or through an inventory of an impounded car, and each route has legal limits. A traffic stop also cannot be stretched beyond its purpose to wait for a drug dog without reasonable suspicion. If the search was unlawful, evidence from it can be excluded under the Fourth Amendment and Article 38.23. Politely decline consent and do not argue with the officer, because a lawyer can raise the problem later.

What is constructive possession?

It is the State’s theory when drugs are not on your body but in a place you could reach, such as a car, a bedroom or a shared apartment. The State must prove you knew the drugs were there and that you exercised control over them. Being nearby is not enough, and Texas courts look for links between you and the drugs, such as your fingerprints, statements, messages or personal belongings in the same place. When several people share the space and nothing links the drugs to you, the State’s case can be weak.

How does a drug-free zone enhancement work?

Section 481.134 increases punishment for specified drug offenses that happen in, on or within 1,000 feet of places such as a school, youth center or playground, or on a school bus. Depending on the offense, the statute raises the grade of the offense or adds time and doubles the fine, and the punishment cannot run at the same time as a sentence for another crime. The State has to prove the location, so we examine the distance and whether the property qualifies.

Can a prescription medication lead to a drug charge?

Yes. Having a controlled substance without a valid prescription, or more than the prescription allows, can be charged under the Penalty Groups, and a prescription-only drug outside the groups can be charged as a Class A misdemeanor under Section 483.041. Obtaining pills with a forged prescription or by hiding another doctor’s prescription is a separate offense under Section 481.129. Bring pharmacy records and the original bottles if you have them. Medication can also lead to a DWI, which our article on prescription medication DWI explains.

Is there a drug court or diversion program in Bexar County?

There are options, but eligibility is narrow. Bexar County’s Camino Court is a court-supervised treatment program for people with a misdemeanor case and a substance use disorder who live or work in the county, and a pending felony or violent charge disqualifies a person. The Criminal District Attorney’s Office has also offered pretrial diversion for some first-time, nonviolent cases. Both depend on the charge, your history and current policies, so we check what is available in your case before we talk about a plea.

Can a drug charge be dismissed?

Yes, though no lawyer can promise it. Dismissal happens when evidence is suppressed, when the lab results or the chain of custody have problems, when the State cannot link the drugs to you or when you complete a program such as diversion. We review the stop, the search, the lab file and the video before we discuss any offer, because the strength of the evidence determines what the State will agree to.

How are federal drug charges different from state charges?

The case is prosecuted by the United States Attorney’s Office in federal court, usually after a longer investigation, and punishment follows the Sentencing Guidelines and, for many offenses, mandatory minimums under 21 U.S.C. Section 841(b). There is no parole. A defendant may be able to reduce a sentence through substantial assistance or the safety valve, but each carries risk. Federal charges also often involve several defendants and months of surveillance, so the discovery review is very different from a state possession case.

Will a drug charge affect my job, license or immigration status?

It can. Licensing boards and employers often act on an arrest or conviction, service members can face command action, and immigration law may treat a deferred adjudication as a conviction. These consequences can matter more than the sentence, so tell your lawyer about your job, license, military status and citizenship before any plea. The right resolution for a nurse, a soldier or a non-citizen may be different from the right one for someone else with the same charge.

Can I remove a drug charge from my record?

Possibly. An expunction can remove arrest records after a dismissal or acquittal in many cases, and an order of nondisclosure can seal certain records after a waiting period. The outcome of your case decides which relief, if any, is available. Our article on how to expunge a criminal record in Texas walks through the process, and we plan for the record from the beginning of a case.

How do I choose a drug crimes lawyer in San Antonio?

Look for a lawyer who has tried cases, will read the lab report and the body camera video and will tell you the truth about the evidence. Ask who will appear in court with you, whether the firm handles federal cases and how it approaches motions to suppress. Be cautious about anyone who promises a dismissal before reading the file. At the free consultation we describe our fees and the likely steps, and we prepare every case as if it may go to trial.

Talk With a San Antonio Drug Crime Attorney About Your Charge

Evidence is easiest to preserve early, and some deadlines start running at the time of arrest or seizure. Speak with a criminal defense attorney in San Antonio at Barton & Associates about the charge, the search and what to do before your first court date.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000