The state of Texas is known for its strict drug laws, and Travis County is no exception. If you are found with even a small amount of a controlled substance, you could face significant consequences, including jail time, hefty fines, and a lasting criminal record. This article outlines what you need to know about Texas’s drug possession laws, the penalties you might face in Austin, Texas, and how having the legal support of a skilled drug possession attorney in Austin can make a difference in your case.

Drug Possession Laws in Texas

The Texas Health and Safety Code § 481 classifies controlled substances into different categories known as penalty groups, with each group carrying different consequences based on the type and amount of the drug.

These penalty groups range from Penalty Group 1, which includes drugs like cocaine, heroin, and methamphetamine, to Penalty Group 4, covering certain prescription medications with a potential for abuse.

Drug possession charges in Texas can vary not only by the penalty group but also by the purpose of possession. For instance, possessing a controlled substance with the intent to distribute or sell it can lead to far more severe penalties than if it is only for personal use.

To determine intent, law enforcement may look at factors like the quantity of the substance, how it is packaged, or any paraphernalia found with the drugs. Understanding these distinctions is critical because they determine the severity of the charges and the associated penalties you face.

Common Penalties for Drug Possession in Travis County

A drug possession charge in Travis County, where Austin is situated, can range from a misdemeanor to a felony, depending on factors like the type and quantity of the substance. Misdemeanor charges are generally associated with smaller amounts and carry lighter penalties, such as fines and possible periods of incarceration in a county jail.

For more serious substances like cocaine, meth, or heroin, the penalties can escalate quickly. The charges associated with these substances can fall under Penalty Group 1, leading to felony charges even for relatively small amounts.

Here is a breakdown of common drug possession charges in Travis County and their penalties:

Marijuana Possession
- Less than 2 ounces: A Class B misdemeanor
  - Up to 180 days in jail
  - A fine of up to $2,000
- 2 to 4 ounces: A Class A misdemeanor
  - Up to 1 year in jail
  - A fine of up to $4,000
- 4 ounces to 5 pounds: A state jail felony
  - 180 days to 2 years in jail
  - A fine of up to $10,000
Penalty Group 1 (e.g., cocaine, heroin, methamphetamine)
- Less than 1 gram: A state jail felony
  - 180 days to 2 years in jail
  - A fine of up to $10,000
- 1 to 4 grams: Third-degree felony
  - 2 to 10 years in prison
  - A fine of up to $10,000
- 4 to 200 grams: Second-degree felony
  - 2 to 20 years in prison
  - A fine of up to $10,000
Penalty Group 2 (e.g., MDMA, PCP)
- Less than 1 gram: A state jail felony
  - 180 days to 2 years in jail
  - A fine of up to $10,000
- 1 to 4 grams: Third-degree felony
  - 2 to 10 years in prison
  - A fine of up to $10,000
- 4 to 400 grams: Second-degree felony
  - 2 to 20 years in prison
  - A fine of up to $10,000
Prescription Drugs Without a Valid Prescription
- Penalty Groups 3 and 4:
  - Less than 28 grams: Class A misdemeanor
    - Up to 1 year in jail
    - A fine of up to $4,000
  - 28 to 200 grams: Third-degree felony
    - 2 to 10 years in prison
    - A fine of up to $10,000

Each drug possession case is unique, so the exact penalties depend on factors like the specific substance, quantity, and any aggravating circumstances.

Enhancements & Aggravating Factors

Certain circumstances can make a drug possession charge in Travis County even more serious. These aggravating factors include:

Possession Near a Designated Drug-free Zone

Possessing drugs within 1,000 feet of a school, playground, or other designated “drug-free zones” can lead to enhanced penalties. This enhancement means that even a minor possession charge could carry elevated consequences, possibly increasing the fines and jail time.

A Prior Criminal History

Individuals with previous drug convictions may face harsher penalties for subsequent offenses, including longer prison sentences and increased fines. This is especially true if the prior offenses involved controlled substances in the higher penalty groups, like those with cocaine or methamphetamine.

Intent to Distribute

Intent to distribute can also affect the charges. If you have a large quantity of a substance, or if it is packaged in a way that suggests you intended to sell it (like multiple small bags), the prosecutor might pursue more serious charges based on the presumed intent. Intent to distribute can lead to a simple possession charge being upgraded to a felony, underscoring the importance of having a solid legal defense that understands how to mitigate the effects these aggravating factors can have.

The Impact of a Conviction on Your Future

A drug possession conviction can have long-lasting effects on various aspects of your life. Beyond the fines and jail time, a criminal record can make securing employment, housing, or even educational opportunities more challenging.

Many employers and landlords conduct background checks, and a conviction for drug possession might limit your chances, affecting your future stability. This is why it is essential to address a drug charge proactively and to explore every option to minimize the lasting effects of a conviction.

Potential Defenses Against Drug Possession Charges

If you are facing drug possession charges in Travis County, you are not without options. There are several legal defenses that might help reduce or dismiss the charges, depending on the circumstances of your case.

Here are two common defenses to drug possession charges in Travis County:

Challenging the Search and Seizure

One common defense is challenging the legality of the search and seizure that led to the discovery of the drugs. According to the Fourth Amendment, law enforcement must have probable cause or a valid warrant to search someone’s property. If the search violated your rights, evidence found during the search could be ruled inadmissible in court.

Lack of knowledge

Texas law requires that a person knowingly possess a controlled substance to be charged with possession. If you did not know the drugs were in your possession, such as if they were placed in your belongings by someone else, your attorney might use this to argue against the charges.

Working with an experienced drug possession attorney in Austin can also open the door to other possible defenses tailored to your unique situation. The right Austin-based Drug Defense Attorney can challenge the prosecution’s evidence, protect your rights, and help you work toward the best possible outcome.

Contact an Experienced Drug Defense Attorney in Austin

Facing a drug possession charge in Travis County is a very serious set of circumstances, but you do not have to face them alone. The right legal support can make a significant difference in the outcome of your case and the impact it may have on your future. At Stephen T. Bowling, DWI & Criminal Defense Attorneys, we have a deep understanding of Texas drug possession laws and can help protect your rights every step of the way. If you or someone you know is facing a drug possession charge in Travis County – contact our office for a free consultation. Our legal team will review your case, discuss potential defense strategies, and provide you with guidance tailored to your specific situation.