Being charged with a drug offense in Conroe can feel overwhelming. Whether it’s your first run-in with the law or you’re facing serious felony allegations, knowing your rights and understanding the legal process is critical. Texas drug laws are some of the strictest in the country, and Montgomery County prosecutors are known to pursue these cases aggressively.
If you or a loved one is facing drug charges, you’re not alone—and you have rights that must be protected.
Understanding Texas Drug Laws: What You’re Up Against
Texas classifies drug crimes under the Texas Controlled Substances Act, which divides illegal drugs into penalty groups based on their potential for abuse and medical use. Your charges and potential penalties will depend largely on:
- The type of drug
- The amount found
- Whether you’re charged with possession, distribution, or manufacture
- Your criminal history
- Whether you were in a drug-free zone (like near a school or daycare)
Common Charges in Conroe and Montgomery County
- Possession of a Controlled Substance (POCS)
- Possession with Intent to Deliver
- Manufacturing or Cultivation
- Possession of Marijuana or THC concentrates
- Prescription drug fraud or misuse
While marijuana laws are changing across the country, Texas still treats possession of even small amounts as a crime, particularly when it involves concentrated THC oils or edibles.
Your Constitutional Rights When Facing Drug Charges
No matter what the police tell you or how serious the charges may seem, you still have powerful constitutional protections.
1. The Right to Remain Silent (Fifth Amendment)
You are not required to answer questions from law enforcement beyond identifying yourself. Anything you say can and will be used against you. Always exercise your right to remain silent until you speak with a lawyer.
2. The Right to Legal Counsel (Sixth Amendment)
You are entitled to a criminal defense attorney. If you cannot afford one, the court will appoint a public defender. However, hiring a seasoned criminal defense lawyer—especially one familiar with Conroe courts—can make a major difference in the outcome of your case.
3. Protection from Illegal Searches and Seizures (Fourth Amendment)
Police cannot search your property without probable cause or a valid warrant in most situations. If they overstep, your attorney can file a motion to suppress illegally obtained evidence, which may lead to the dismissal of your case.
4. Right to a Fair and Speedy Trial (Sixth Amendment)
You have the right to have your case heard by an impartial jury in a timely manner. Any undue delay in your trial or prejudicial conduct may result in legal remedies.
What Happens After an Arrest?
Understanding the process can ease anxiety and help you prepare.
Arrest and Booking
After being arrested, you’ll be taken to the local Montgomery County jail. You will be fingerprinted, photographed, and booked. In most drug cases, bail is set depending on the severity of the charge and your criminal record.
Arraignment
This is your first court appearance. The charges are formally read, and you’re asked to enter a plea. If you don’t already have an attorney, this is when you should request one or hire your own.
Pre-Trial Motions
Your attorney may challenge the arrest, search methods, or the admissibility of evidence. In drug cases, search and seizure violations are common defense grounds.
Trial or Plea Deal
If your case goes to trial, the prosecution must prove guilt beyond a reasonable doubt. Alternatively, many cases are resolved through plea agreements that reduce charges or penalties.
Types of Drug Possession in Texas
It’s important to distinguish between different types of possession, as this influences the severity of your case.
Actual Possession
Drugs are found on your person, such as in your pocket or bag.
Constructive Possession
Drugs are found near you, but not physically on you. Prosecutors must show you had control over and knowledge of the drugs—common in shared homes or vehicles.
Possession with Intent to Deliver
Possessing large quantities, having packaging materials, or text messages indicating sales may elevate simple possession to a much more serious felony charge.
Penalties for Drug Charges in Conroe
Drug penalties in Texas vary by penalty group and amount. Here’s a simplified look:
| Offense | Classification | Penalty |
| Possession of <1g of cocaine, meth (PG1) | State jail felony | 6 months – 2 years jail, up to $10,000 fine |
| Possession of <2oz marijuana | Class B misdemeanor | Up to 180 days jail, $2,000 fine |
| THC concentrates or wax (even in vape pens) | Felony (PG2) | 180 days to 20 years jail depending on quantity |
| Possession in Drug-Free Zone | Enhanced penalty | Additional years added to sentence |
Note: Texas does not have legal recreational cannabis. Even trace amounts of THC concentrate (like edibles or wax) are charged as felonies.
Common Defenses in Drug Cases
A skilled defense attorney will evaluate the facts of your case and choose the best strategy. Some of the most common defenses include:
Unlawful Search and Seizure
If the drugs were found during an illegal traffic stop or without a valid warrant, the evidence may be thrown out.
Lack of Knowledge or Ownership
You may not have known the drugs were in your possession—especially in shared vehicles or homes.
Lab Testing Errors
The prosecution must prove the substance is a controlled drug. Inaccurate or delayed lab results can weaken the case.
Entrapment
If an undercover officer or informant coerced you into committing a crime you otherwise would not have committed, entrapment may apply.
What Makes Drug Charges in Conroe Unique?
Montgomery County courts and particularly those in Conroe—have a reputation for being tough on drug crimes. The District Attorney’s Office often pursues felony charges aggressively, especially in cases involving:
- Prescription drug fraud
- Distribution networks
- Repeat offenders
- Drug-related probation violations
However, the area also offers alternative sentencing options for eligible first-time offenders. These may include:
- Pretrial diversion programs
- Deferred adjudication
- Drug court programs
These programs can result in reduced charges or even dismissal upon completion, but eligibility depends on the circumstances and judicial discretion.
When to Contact a Lawyer
If you’re facing drug charges in Conroe, you should speak to a defense attorney immediately. Even seemingly minor charges can carry long-term consequences like:
- A permanent criminal record
- Job loss or difficulty finding employment
- Driver’s license suspension
- Immigration consequences
- Custody and housing issues
Don’t wait until your first court date. The earlier a criminal defense attorney can get involved, the more they can do to protect your rights.
Final Thoughts
Being arrested for a drug offense is stressful—but you are not powerless. Understanding your rights, the legal process, and what defenses may apply is your first step toward a better outcome. Whether you’re dealing with a misdemeanor possession charge or facing serious felony allegations, getting experienced legal help can make all the difference.
Contact Morgan Bourque Attorney at Law Today
If you or a loved one is facing drug charges in Conroe or anywhere in Montgomery County, the team at Morgan Bourque Attorney at Law is ready to help. With a reputation for aggressive advocacy and a deep understanding of local court systems, our firm provides strategic legal defense designed to protect your rights and your future.
Call us at (713) 766-6001 to schedule a confidential consultation. Let us help you understand your options and fight for the best possible outcome.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.