Drug Charge Lawyer in Amarillo, TX
A Drug Charge in Texas Can Follow You for Life — Unless We Stop It
Texas drug laws are among the most serious in the nation — and a drug conviction in Amarillo, even for possession of a small amount, can affect your employment, your housing, your professional licenses, and your future for years or decades. As a drug charge lawyer in Amarillo, TX, Jarrett Johnston and Ethan Colley at Stockard, Johnston, Brown, Netardus & Doyle challenge every aspect of the prosecution’s case — from the legality of the search that produced the evidence to the chain of custody of the drugs themselves — to give you the best possible chance of the best possible outcome.
Drug Charges in Texas — How the Penalty Group System Works
Texas classifies controlled substances into Penalty Groups — and the group a substance falls into, combined with the quantity involved, determines the severity of the charge and the range of penalties. As a drug charge lawyer in Amarillo, TX, understanding this framework is the starting point for evaluating every drug case:
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Penalty Group 1
Includes cocaine, heroin, methamphetamine, and most opioids. Possession of any amount is a felony. Possession of one gram or less is a state jail felony; larger quantities escalate through first degree felony charges. -
Penalty Group 1-A
Includes LSD. Penalties are based on abuse units rather than weight. -
Penalty Group 2
Includes ecstasy (MDMA), PCP, and synthetic cannabinoids. Felony charges apply at all quantities. -
Penalty Group 3
Includes certain prescription drugs, including some benzodiazepines and anabolic steroids. Small amounts may result in misdemeanor charges, while larger quantities can lead to felony charges. -
Penalty Group 4
Includes compounds containing limited quantities of controlled substances. Small amounts generally result in misdemeanor charges. -
Marijuana
Handled under a separate statutory scheme. Possession of two ounces or less is a Class B misdemeanor; larger quantities escalate to felony charges. Possession of less than four grams of marijuana concentrate is a state jail felony.
Drug Offense Defense in the Texas Panhandle
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Possession
The most common drug charge. Charges range from misdemeanor to first-degree felony depending on the substance and quantity. We examine the legality of the search, the handling of the evidence, and every element the prosecution must prove. -
Possession with Intent to Distribute
Carries significantly higher penalties than simple possession. The prosecution must prove intent, which is often inferred from quantity, packaging, and other circumstantial evidence that we challenge. -
Drug Trafficking & Delivery
Transportation or delivery of controlled substances, including cases involving I-40—a major corridor for drug interdiction operations in the Texas Panhandle. -
Manufacturing
Production of controlled substances, including methamphetamine and other drugs. These cases often involve complex evidence and multiple defendants. -
Prescription Fraud
Obtaining controlled substances through fraudulent prescriptions or misrepresentation. -
Drug Paraphernalia
Possession of items used in drug use or distribution. Often charged alongside possession offenses.
Defense Strategies for Drug Charges in Amarillo Courts
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Fourth Amendment Search & Seizure Challenges
The most powerful defense in many drug cases. If law enforcement obtained the drugs through an unlawful search, the evidence may be suppressed—and without the drugs, the case often cannot proceed. We examine every aspect of the search, including the stop, the consent (or lack of it), the warrant (if any), and how the search was conducted. -
Chain of Custody Challenges
Drug evidence must be properly collected, labeled, stored, and transported from the scene to the lab and to court. Any break in that chain creates grounds to challenge the reliability and admissibility of the evidence. -
Lab Analysis Challenges
Drug evidence must be properly tested and identified. We examine lab reports, analyst qualifications, and testing procedures for deficiencies. -
Constructive Possession Challenges
When drugs are found in a shared space, such as a car, house, or room, the prosecution must prove the defendant knew about the drugs and had control over them. We challenge these inferences directly. -
Quantity Disputes
In cases where quantity determines whether the charge is a misdemeanor or felony, we challenge the weight and purity measurements that drive the penalty calculation. -
Evaluating Diversion & Treatment Options
For first-time and low-level offenders, alternatives to conviction—including drug court, deferred adjudication, and treatment programs—may be available. We evaluate every option that could minimize the long-term impact on our client's record.
What a Drug Conviction Means in Texas Beyond Jail Time
Criminal Record
A drug conviction creates a permanent criminal record that appears on background checks — affecting employment, housing, and professional licensing for years or permanently.
Professional License Consequences
Many professional licenses in Texas — nursing, teaching, law, commercial driving — can be suspended, revoked, or denied based on drug convictions.
Federal Student Aid
A drug conviction can make a student ineligible for federal financial aid.
Housing Consequences
Many landlords and public housing programs conduct criminal background checks and may deny housing based on drug convictions.
Immigration Consequences
Drug convictions can be grounds for deportation, denial of citizenship, and visa revocations for non-citizen defendants.
Firearm Rights
A felony drug conviction results in loss of the right to possess firearms under both federal and Texas law.
Texas Drug Charges Are Serious — But the Search Is Often the Weakest Link
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. In drug cases, the search that produced the evidence is often where the prosecution’s case is most vulnerable. If law enforcement searched your vehicle, your home, or your person without a warrant, without valid consent, or without sufficient probable cause, the evidence they obtained may be suppressible under the exclusionary rule. Evidence that cannot be used in court cannot support a conviction. Our criminal defense attorneys in Amarillo analyze the search in every drug case we handle.
Drug Charge Defense From Two Amarillo Criminal Defense Attorneys
Jarrett Johnston has been challenging drug charges in the Potter County and Randall County courts since 2004 — handling cases ranging from misdemeanor marijuana possession to serious felony drug trafficking charges. His approach reflects the firm’s overall criminal defense philosophy: examine the constitutionality of the search first, challenge the evidence chain, and explore every available legal avenue before accepting any outcome as inevitable. Attorney Ethan J. Colley is a Texas Tech University School of Law graduate and AABA member who focuses his practice on criminal law — bringing additional criminal defense depth that ensures drug charge clients receive the focused legal attention their cases require from the earliest stages.
Drug Charge Questions — Answered
Can a drug charge be expunged from my record in Texas?
Certain drug charges can be expunged or sealed in Texas — including arrests that did not result in conviction, and some cases resolved through deferred adjudication. Eligibility depends on the specific charge, how it was resolved, and how much time has passed. An attorney can evaluate your specific situation and tell you whether expunction or non-disclosure is available.
What happens if drugs were found in a car I was in but did not own?
Constructive possession — being charged based on drugs found in a space you share with others — is one of the most contestable theories in Texas drug law. The prosecution must prove you knew about the drugs and had control over them. Simply being in a vehicle where drugs were found is not sufficient for conviction on its own. We challenge constructive possession inferences aggressively.
Is marijuana still illegal in Texas?
Yes. Despite legalization in many other states, marijuana remains illegal in Texas for recreational use. Possession of two ounces or less is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. Larger quantities carry felony charges. Marijuana concentrate is treated as a Penalty Group 2 substance and carries felony charges at very small quantities. Do not assume Texas law mirrors what is legal in other states.
Facing Drug Charges in Amarillo? The Search May Be Your Best Defense.
A drug conviction in Texas carries consequences that last long after any sentence is served. Contact Stockard, Johnston, Brown, Netardus & Doyle for a free consultation with an experienced drug charge lawyer in Amarillo who will evaluate the full strength of your case — starting with how the evidence was obtained.