Are you facing drug charges in Austin? Michael & Associates has defended countless marijuana and drug possession cases across Travis County and the entire region.

Drug charges in Texas must be taken seriously. You may be tempted to plead guilty just to make the charges go away. This would be a mistake. You need an experienced defense attorney who knows the key players in the Austin area. One who will negotiate hard to get you the best possible case outcome – someone who will do everything possible to avoid serious repercussions.

Common Drug Charges in Austin, Texas

Any drug charge in Texas needs to be taken seriously. If you’re caught with any kind of controlled substance in your possession, it’s likely you’ll end up facing some type of punishment.

This is where it’s essential to have an experienced attorney fighting on your behalf. You need someone who knows the prosecutors because negotiations will be critical. Going to trial is extremely rare and very risky in a drug case. You need a defense attorney who will negotiate hard to get you the best possible plea bargain that avoids a conviction or jail time. 

How the case will be approached will also depend on the charge you’re facing. The four most common charges in Austin are:

• Marijuana possession
• Possession of a controlled substance
• Possession of drug paraphernalia
• Manufacture and delivery of controlled substances

Penalties can range from a Class C misdemeanor with a $500 fine all the way to an enhanced felony that carries a maximum of life in prison. The amount of the substance in your possession is also a key factor.

Here’s a closer look at each of the common charges:

Marijuana Possession 

This is one of the most common charges we see because local laws are inconsistent.

In 2022, Austin voters approved a proposition to allow the possession of four ounces or less of marijuana. This eventually led other Texas cities to approve measures, including San Marcos, Killeen, Denton, and Elgin. Dallas is considering a ballot measure, and an effort to legalize recreational marijuana in Lubbock failed in May 2024. 

And though marijuana possession is still illegal in Texas, low-dose hemp-derived products are legal (Delta 9 THC is one example).

This distinction leads to a lot of confusion because both forms are derived from cannabis plants.

Even law enforcement officials aren’t always clear about the laws, particularly in the state’s smaller counties. There is no visible difference between legal hemp joints and illegal marijuana ones. 

Complicating matters even further, marijuana possession applies only to flowers, plants, and buds. Edibles, tinctures, vape pens, and other products are considered “controlled substances,” which we’ll explain in a moment.

Data from the Texas Office of Court Administration shows that In the first five months of 2022, an average of 1,745 marijuana possession cases were filed each month.

Penalties depend on the amount in your possession:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Possession of a Controlled Substance

“Possession” means that a legally controlled substance is in your “actual care, custody, control or management.” The charge you’ll face will be determined by the amount of the substance in your possession. In Texas, controlled substances are classified by group, which we will explore shortly. 

If a prosecutor can present evidence that you possessed the substance, it is often enough for a conviction.

Texas doesn’t treat all drugs equally. Possessing fentanyl or methamphetamine will be penalized more seriously than if you’re found with Xanax or Ritalin. That’s because Texas classifies controlled substances by group based on perceived danger and potential for addiction.  

In recent years, Travis County has taken a progressive stance on low-level drug prosecution, particularly under District Attorney José Garza, who was elected in 2020. The county has prioritized reducing the criminalization of minor drug offenses, focusing instead on addressing rehabilitation.

That said, this approach is not mirrored throughout Texas, and drug laws remain stringent in surrounding counties. This means that if you’re just over the county border, you may face completely different standards.

As previously mentioned, edible cannabis products are not classified as marijuana in Texas. Instead, they are considered controlled substances, though low-dose THC products are legal. However, It’s difficult to determine through field testing whether mints or gummies, for example, are below the legal dosage. This means you can – and probably will – be arrested if you’re busted with what you honestly believe is a legal product.

Even if the THC products you’re carrying are legal, don’t take unnecessary risks. Keep them in a secure location (like your vehicle’s trunk, for example), where they are not visible. 

Many of our clients have had legal products seized and been arrested. If this happens, contact us immediately. 

The penalties you face will depend on how the state classified the substance in your possession. Charges range from a Class B misdemeanor up to an enhanced felony charge, which carries a maximum sentence of life in prison.

Statistics: Drug Possession in Austin

Guilty pleas were the most common case outcome in Travis County in 2023.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Possession of Drug Paraphernalia

In Texas, it is a crime to own, use, or deliver drug paraphernalia. Texas Health and Safety Code § 481.002 defines “drug paraphernalia” as equipment, products, or materials that are used to produce, manufacture, plant, cultivate, process, package, store, or conceal a controlled substance.

Examples include balloons, baggies, blenders, bongs, bowls, capsules, dilutants, grinders, pipes, roach clips, rolling papers, sifters, and syringes. 

Penalty: Possessing or using drug paraphernalia is a Class C misdemeanor punishable by a fine of up to $500.

Manufacture or Delivery of Controlled Substances

It’s illegal in Texas to manufacture or deliver controlled substances.

Health and Safety Code Section 481.119 defines this as knowingly manufacturing, delivering, or possessing a controlled substance with intent to deliver a controlled substance.

The penalties you face will depend on how the state classified the substance in your possession. Charges range from a Class B misdemeanor up to an enhanced felony charge, which carries a maximum sentence of life in prison.

Statistics: Manufacture or Delivery in Austin

The majority of drug manufacture or delivery charges in 2023 ended with a guilty plea.

https://courtsdata.traviscountytx.gov/CriminalAnalytics

Other Austin, Texas Drug Charges 

There are also a few less-common charges, including:

• Delivery of drug paraphernalia
• Use of a child in the commission of a drug crime
• Delivery of drugs to a minor
• Possession or delivery of drugs in a drug-free zone
• Prescription drug charges
• Possession with intent to distribute

A drug conviction remains on your criminal record for life. If you’re facing any of these charges, contact us immediately so we can start building your defense.

Classification of Controlled Substances in Texas

Penalties for illegal drug possession vary significantly depending on the substance and the amount. The Texas Controlled Substances Act assigns each controlled substance into one of four groups in the Texas Health and Safety Code sections 481.101 –  481.118. The code says that it’s illegal to possess these drugs without a legitimate prescription from a licensed medical professional. 

The minimum charge is a Class C misdemeanor, punishable by a fine of up to $500. However, charges can be as severe as a first-degree felony, with a maximum penalty of:

• A prison sentence ranging anywhere from five to 99 years
• A fine of between $50,000 to $300,000

Here are the classifications and penalties:

Group 1

The Drug Enforcement Agency defines Group 1 controlled substances as drugs with no currently accepted medical use and a high potential for abuse. 

Examples include: Cocaine, Codeine, Heroin, Hydrocodone (over 300 mg), Marijuana (Cannabis), Methadone, Methaqualone, Methamphetamines (Meth), Methylenedioxymethamphetamine (MDMA or Ecstasy), Ketamine, Opium, and Oxycodone.

Section 481.115 of the Texas Health and Safety Code establishes penalties based on substance and weight: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000
400 grams or more	“Enhanced” first-degree felony	Life	$300,000

If you possess paraphernalia associated with meth, including bottle caps, needles, or hollowed-out pens, you’ll face a fine of up to $500. 

Group 1-A

Group 1-A substances are classified separately due to their chemical structure and the nature of their abuse. The category primarily includes LSD and other hallucinogens measured by dosage units.

Section 481.1151 of the Texas Health and Safety Code sets the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000
400 grams or more	“Enhanced” first-degree felony	Life	$300,000

Group 1-B

In Texas, fentanyl possession is considered such a problem that it was recently assigned its own category. In addition, if you’re caught manufacturing or supplying fentanyl, you could end up facing murder charges. Penalties for fentanyl possession are: 

Amount	Charge	Maximum jail sentence	Maximum fine
Less than one gram	State jail felony	Two years	$10,000
One gram to less than four grams	Third-degree felony	Ten years	$10,000
Four grams to less than 200 grams	Second-degree felony	20 years	$10,000
200 grams to less than 400 grams	First-degree felony	Life	$50,000

Group 2

Group 2 controlled substances include many hallucinogens and other substances that have a high potential for abuse but also have some accepted medical uses. Cannabis edibles fall into this category.

Examples include Dimethyltryptamine (DMT), Dronabinol (synthetic THC), Ecstasy (MDMA), Hashish, Mescaline, PCP (Phencyclidine), Psilocybin and Psilocin (found in psychedelic mushrooms)

Section 481.116 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Group 2-A

This is primarily synthetic cannabinoids (K2 and Spice, for example). Penalties are as follows:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Groups 3 and 4

Group 3 controlled substances are common prescription drugs that have a lower potential for abuse than those in Groups 1 and 2 but can still lead to physical or psychological dependence.

Examples include Anabolic steroids, Benzphetamine, Clonazepam, Hydrocodone (under 300 mg), Ketamine, Methylphenidate, Ritalin, Secobarbital, Valium, Xanax, and Opiates not listed in Group 1. Group 4 includes all opiates and opioids that are not included in groups 1 or 3. It also includes various prescription medications that could potentially be abused.

Section 481.117 of the Texas Health and Safety Code establishes the following penalties:

Amount	Charge	Maximum jail sentence	Maximum fine
Less than 20 units	State jail felony	Two years	$10,000
20-80 units	Third-degree felony	Ten years	$10,000
80-4,000 units	Second-degree felony	20 years	$10,000
4,000-8,000 units	First-degree felony	Life	$50,000
8,000 or more units	“Enhanced” first-degree felony	Life	$300,000

Critical Factors in a Drug Possession Case in Austin

If you’re facing drug charges in Texas, you must be completely honest with your attorney. Your case hinges on several factors, and we need the most accurate information to craft the best possible defense. We are not here to pass judgment. You need to disclose:

• Any previous criminal history
• The amount of drugs in your possession
• The type of drug involved

Being found in possession of a single joint is considered a Class B misdemeanor that could land you in jail for up to 180 days, cost as much as $2,000 in fines, and jeopardize your driver’s license. It can also remain on your criminal record even when dismissed, potentially derailing career prospects and even making it more difficult to rent an apartment. 

We must start crafting your defense as soon as possible after an arrest.

Potential Drug Defenses in Austin

More than three-quarters of our drug cases start with a traffic stop. If police pull you over – for any reason – and find drugs in the car, the law says they are yours (even if you didn’t know they were there), and it’s difficult to prove otherwise. 

This means that much of our defense strategy involves challenging your arrest. 

We can do this by examining:

• What were the circumstances?
• Did police have probable cause for a traffic stop?
• Which drugs were found?
• Did police officers follow the appropriate procedures during your arrest?
• Do you already have a history of drug-related activity?
• Are there inaccuracies in the police report?
• Did police find drug paraphernalia?
• Were illegal search and seizure protocols used?

If you were carrying legal drugs (or have a valid prescription that was not with you at the time), we will explore that as well.

We can also work with you to create a “good guy/gal packet,” which is a compilation of documents to highlight your positive actions, including lack of criminal history, work history, completion of drug awareness classes, volunteerism, and evidence of remorse. The goal of this packet is to convince prosecutors and judges that you aren’t likely to be a repeat offender.

Tough Negotiators – With Compassion

We believe that everyone is entitled to the best possible criminal defense. Our clients are more than names on a contract – we understand that people make mistakes, and fight for the best possible outcome for each individual.

We will aggressively negotiate deals with reduced penalties.

For example, one of our recent cases involved a college student who was caught with a small amount of marijuana in Comal County, where drug enforcement can be particularly strict.

The client – a dean’s list student – could have faced serious repercussions, including a criminal record for life. We negotiated a deal with prosecutors that got the case dismissed upfront so that there is no active case or conviction on the record. 

As long as the client does not violate the law, the state will not refile the case. 

This is our ultimate goal for every single client – no conviction, no probation, and no lifelong consequences for a one-time mistake.

Contact us today to set up a free consultation.