
Drug Charges in Cameron County
Janie Jaimez, Attorney at Law
A drug charge in Texas does not have to mean a conviction. Whether you are facing simple possession, possession of a controlled substance, or a more serious drug offense, the facts of your arrest matter. How the stop was conducted, how the search was executed, and how evidence was gathered all affect what options are available.
Janie Jaimez is a bilingual drug possession attorney in Cameron County and a former Cameron County prosecutor. She represents clients facing drug charges in Brownsville, Harlingen, and throughout the Rio Grande Valley. Criminal hearings are held at the courthouse in Brownsville.
Charged with a drug offense in Cameron County? Call 956-793-5033 for a same-day consultation.
Drug Charges in Texas: What You Are Facing
Texas drug laws are some of the strictest in the country. Charges range from Class B misdemeanors for small amounts of marijuana to first-degree felonies for possession of large quantities of controlled substances. The charge you face depends on the type of substance, the amount, and whether there is evidence of intent to distribute.
Common drug charges Janie defends include:
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Possession of marijuana (any amount, including misdemeanor and felony-level quantities)
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Possession of a controlled substance (methamphetamine, cocaine, heroin, prescription drugs without authorization)
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Possession of drug paraphernalia (pipes, syringes, scales, or other items used in connection with drug use)
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Possession with intent to distribute (quantity, packaging, or other circumstances suggesting delivery)
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Marijuana cultivation charges (growing cannabis plants in Texas)
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THC oil and concentrate possession (charged separately from marijuana under Texas Penal Code)
Drug Possession Penalties in Texas
Penalties depend on the Penalty Group assigned to the substance and the quantity involved. General ranges under Texas law:
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Marijuana under 2 oz: Class B misdemeanor | Up to 180 days in jail | Fine up to $2,000
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Marijuana 2-4 oz: Class A misdemeanor | Up to one year in jail | Fine up to $4,000
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Marijuana over 4 oz: State jail felony and above | Up to 2 years state jail and higher depending on quantity
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Controlled substance (Penalty Group 1) under 1 gram: State jail felony | 180 days to 2 years
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Controlled substance 1-4 grams: Third-degree felony | 2 to 10 years
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Controlled substance 4-200 grams: Second-degree felony | 2 to 20 years
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Possession of drug paraphernalia: Class C misdemeanor in most cases (first offense)
Note: THC oil and concentrates are charged under Penalty Group 2, which carries steeper penalties than equivalent quantities of marijuana. Each case is different. These ranges are for general information only.
What Janie Reviews in Every Drug Case
Not every drug arrest leads to a conviction. As a former Cameron County prosecutor, Janie understands how drug cases are built and where they can be challenged.
In every drug case she reviews:
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The reason for the stop or search. A traffic stop must be legally justified. A search requires either a warrant, valid consent, or a recognized exception. If the stop or search was not legally supported, the evidence gathered may be subject to suppression.
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Whether the substance was actually in your possession. Constructive possession cases, where drugs are found in a shared space like a vehicle or apartment, require the prosecution to prove knowledge and control. That is not always straightforward.
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How the evidence was handled. Chain of custody, lab testing procedures, and proper documentation of the substance all affect whether the evidence holds up in court.
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Whether intent to distribute can actually be proven. Prosecutors sometimes overcharge possession as possession with intent. The facts need to support that charge, and Janie reviews whether they do.
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Your individual circumstances. First-time offenders, students, and non-citizens each face different consequences from a drug conviction. Immigration status, professional licensing, and financial aid eligibility all factor into how the case should be approached.
Every case is evaluated on its own facts. Janie does not make promises about outcomes. What she does is make sure every relevant factor has been reviewed before any decision is made.
First-Time Drug Offenders in Cameron County
For first-time offenders who meet specific eligibility requirements, certain case resolutions may help avoid a final conviction on your record. Texas offers deferred adjudication and drug diversion programs in some circumstances. Not every case qualifies, and eligibility depends on the charge, the substance, and your prior history.
If you are a student at UT Rio Grande Valley or another institution in the Valley, a drug conviction can affect financial aid, campus housing, and background checks after graduation. Understanding what options exist before anything is resolved is important.
Drug Charges and Immigration Consequences
For non-citizens, a drug conviction can carry immigration consequences that go beyond the criminal penalties. Even a misdemeanor drug conviction can affect lawful permanent residency, visa status, and naturalization eligibility depending on individual immigration history and current status.
Janie handles both criminal defense and immigration matters. If you have immigration concerns connected to a drug charge in Cameron County, she evaluates both sides together rather than treating them as separate problems.
Facing a drug charge with immigration implications? Call 956-793-5033 before anything is resolved.
Frequently Asked Questions
Can a drug possession charge be dismissed in Texas?
It depends on the facts. Problems with the stop, the search, or how evidence was handled can affect how a case is resolved. First-time offenders may have options that avoid a final conviction. Each case is evaluated individually.
Possession of drug paraphernalia is generally a Class C misdemeanor for a first offense in Texas. However, paraphernalia charges connected to delivery or more serious drug offenses can carry elevated penalties. The specific circumstances determine the charge level.
Is drug paraphernalia a felony in Texas?
Can you be charged with drug possession after the fact in Texas?
Yes. Texas law allows charges based on constructive possession, meaning you do not have to be physically holding a substance at the time of arrest. If drugs are found in a space you control or have access to, prosecutors may argue possession. Whether that charge holds up depends on what the evidence actually shows.
Is THC oil charged differently than marijuana in Texas?
Yes. THC oil, vape cartridges, and cannabis concentrates are classified under Penalty Group 2 in Texas rather than under the marijuana statute. This means even small amounts of THC oil can result in felony charges, while the same weight in marijuana would be a misdemeanor. If you are facing a THC oil charge in Cameron County, understanding the distinction matters.
Dismissal depends on the specific facts of your arrest. Your attorney reviews whether the stop was legally justified, whether the search followed proper procedure, and whether the evidence was handled correctly. If there are problems in any of these areas, that affects the prosecution's case.
How do I get a possession charge dismissed in Texas?
What is the penalty for possession of a controlled substance in Texas?
Penalties depend on the Penalty Group classification of the substance and the quantity. Controlled substances in Penalty Group 1 (methamphetamine, cocaine, heroin) range from a state jail felony for under 1 gram to a first-degree felony for larger amounts. A controlled substance attorney in Cameron County can explain what you are specifically facing based on your charge.
What is the difference between possession and possession with intent to distribute in Texas?
Possession with intent to distribute is a more serious charge that requires the prosecution to prove you intended to sell or deliver the substance. Evidence of intent can include quantity, packaging, scales, or large amounts of cash. Prosecutors sometimes charge intent when the facts do not fully support it. That is something Janie reviews in every case.
Charged with a Drug Offense in Cameron County?
The decisions made in the first days after a drug arrest affect your options. Evidence can be reviewed, charges can be evaluated, and in some cases, there are paths that do not end in a conviction.
Janie Jaimez is a former Cameron County prosecutor who now defends clients facing drug charges in Brownsville, Harlingen, and throughout Cameron County. She is bilingual, handles immigration consequences connected to criminal charges, and evaluates every case on its own facts.
Call 956-793-5033 for a same-day consultation.

29 Avalon Dr, Brownsville, TX 78520
(281) 779-4053
Serving the Rio Grande Valley
