Austin Drug Crimes Lawyer - Michael & Associates, Attorneys at Law

We have a 100% success rate in our Austin drug cases in 2025, as measured by our client satisfaction surveys. Our ultimate goal is for every single client to walk away with no lifelong consequences for a one-time mistake.

If you are facing charges for possessing a controlled substance in Travis County, our team at Michael & Associates has decades of experience and will fight for you to get the best possible outcome. Each client is our top priority and our No. 1 goal is a dismissal.

Each of our attorneys is committed to protecting the rights of our clients. Our Austin team alone has three former prosecutors and decades of criminal defense experience. We even have a former FBI agent. These diverse career experiences help us better understand how our opposition will approach your case. We capitalize on this insight when creating a custom approach for each defendant.

But you aren’t just getting access to one attorney. You’re getting the full power of our entire statewide team, and we all work together to ensure that you’re informed of every development.

In addition to Travis County, we will help you fight drug charges in Bastrop, Blanco, Burnet, Caldwell, Hays, and Williamson counties. Not sure how to get started? Contact us for a free consultation.

Austin Drug Possession Laws

The two most common drug offenses in the Austin area are marijuana possession and possession of a controlled substance.

Marijuana (also called cannabis, weed, or pot) is one of the most commonly-used drugs in Austin, and enforcement between counties can be erratic. The same is true for most any prescription drug. If you’re caught with it – and can’t produce evidence that it was legitimately prescribed – you’ll face serious consequences.

Marijuana Possession

Despite the evolution of marijuana laws in other states, it remains illegal in Texas. Enforcement can literally change from month to month. While Austin had passed a citywide ordinance that prohibited police from citing and arresting people carrying a small amount of weed, that law was struck down by a state appeals court in April 2025.

One (legal) hemp-derived gummy can weigh as much as five grams, which would be classified as a state jail felony.

Additionally, low-potency “hemp-derived” THC products are technically legal (Delta 9 THC is one example). Still, there’s no field testing to determine whether or not the item in your possession is legal. Adding to the law’s complexity, the penalties established by Texas Penal Code Chapter 481.12 are assessed by weight, so a single edible can easily be heavy enough to result in a state jail felony charge, which could include a sentence of six months to two years in jail and a fine of up to $10,000.

Until these issues are resolved, you could be arrested for carrying products that you purchased legally. Penalties range from a Class B misdemeanor to a second-degree felony, and all include the potential for jail time.

In 2019, the last statistics available before the ordinance was enacted, 3,505 people were arrested for marijuana possession in Travis County. Almost 97% of those ended up being dismissed, while 3% pleaded guilty or no contest.

Possession of a Controlled Substance

According to Section 481.115 through 481.118 of the state’s health and safety code, an individual is guilty of possession of a controlled substance if they knowingly or intentionally possess any substance categorized in penalty groups 1-4 without a legitimate medical prescription from a licensed professional.

In 2024, 2,005 people were arrested and charged with drug possession in Travis County. Of the cases that have been resolved, about 60% pleaded guilty or no contest, 27.5% of charges were dismissed, and 2.5% got deferred adjudication. The rest had other outcomes.

The potential penalties for drug possession in Texas depend on the substance and the amount in your possession, but they can range from a Class B misdemeanor to a first-degree felony. All of these could result in jail time, so your freedom is at stake.

READ MORE: Texas drug laws

Other Drug Crimes in Texas

Texas has several other less-common drug charges, many of which involve manufacturing and/or delivery of controlled substances. We are prepared to defend against all types of drug charges, including:

Manufacture or Delivery of a Substance in Penalty Group 1: Texas Health & Safety § 481.112
Manufacture or Delivery of a Substance in Penalty Group 1A: § 481.1121
Manufacture of a Substance in Penalty Group 1 in the Presence of Child: § 481.1122
Manufacture or Delivery of a Substance in Penalty Groups 2 or 2A: § 481.113
Manufacture or Delivery of a Substance in Penalty Groups 3 or 4: § 481.114
Manufacture, Delivery, or Possession of Miscellaneous Substances: § 481.119
Marijuana Delivery: § 481.120
Delivery of Marijuana or Another Controlled Substance to a Child: § 481.122
Possession or Transport of Certain Chemicals with the Intent to Manufacture a Controlled Substance: § 481.124
Drug Paraphernalia Delivery: § 481.125
Transfer of a Precursor Substance for Unlawful Manufacture: § 481.137
Manufacture or Delivery of a Controlled Substance That Causes Death or Serious Bodily Injury: § 481.141

Austin Drug Crime Penalty Groups

The Texas Controlled Substances Act has assigned each drug to one of four groups, or schedules. Penalties vary based on the classification, substance, and amount. Texas classified marijuana as a Schedule 1 controlled substance. This means that the state considers marijuana to have a high potential for abuse and no currently acceptable medical use.

The penalties decrease based on the group classification and the amount involved.

Here are the classifications:

Schedule	Examples	Potential charges (based on volume)
Group 1: Drugs with no acceptable medical use and high potential for abuse (§481.102)	Codeine Cocaine Ecstasy Heroin Hydrocodone Opium Oxycodone Methamphetamines	State jail felony to first-degree felony
Group 1A	LSD and other hallucinogens	State jail felony to first-degree felony
Group 1B	Fentanyl and derivatives	State jail felony to first-degree felony
Group 2: These have some accepted medical uses but a high potential for abuse (§481.103)	PCP Hashish Psilocin (psychedelic mushrooms) Mescaline	State jail felony to second-degree felony
Group 2A	Synthetic cannabinoids such as K2 and Spice	Class B misdemeanor to second-degree felony
Group 3: Accepted medical uses with lower potential for abuse (§481.104)	Valium Xanax Anabolic steroids Hydrocodone Ketamine Ritalin Opiates not listed in Group 1	Class A misdemeanor to second-degree felony
Group 4 (§481.105)	All opiates and opioids not listed in the other groups and other prescription drugs	Class B misdemeanor to second-degree felony

Source: Texas Health and Safety Code Chapter 481

Potential Penalties for Drug Crimes in Austin

The charges you’ll face for drug possession depend on the drug you possess and the amount in your possession, but these are the penalty ranges for each charge.

First-degree felony: Punishable by five to 99 years (or life) in prison and fines of up to $250,000
Second-degree felony: Punishable by two to 20 years in prison, and fines of up to $10,000
Third-degree felony: Punishable by two to 10 years in prison and fines of up to $10,000
State jail felony: Punishable by 180 days to two years in jail and a fine of up to $10,000
Class A misdemeanor: Punishable by up to a year in jail and fines of up to $4,000
Class B misdemeanor: Punishable by up to 180 days in jail and fines of up to $2,000
Class C misdemeanor: Fine of up to $500

Potential Drug Crime Defenses

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?
Are you accused of having actual possession of the substance?
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.

Tough Negotiators – With Compassion

At Michael & Associates, we believe that everyone is entitled to the best possible drug 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.

This includes aggressively negotiating deals with reduced penalties.

We strive to hire attorneys with years of experience and diverse skills – our Austin team includes at least three former prosecutors and an ex-FBI agent. We also have a former judge and an attorney fluent in Spanish. We use these experiences to assess how the prosecution will approach your case. When you hire our firm, you aren’t just getting one attorney – you’re getting an entire team with more than 400 years of combined experience.

We fight fiercely for each client, because we know how easy it is for an entire life to be derailed by a one-time mistake.

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.

Drug Counseling Resources in Austin

The following resources offer inpatient and/or outpatient addiction and counseling services:

Communities for Recovery

4110 Guadalupe St #635, Austin, TX 78751

(512) 758-7686; https://communitiesforrecovery.org/

RecoveryATX

1818 E 12th St, Austin, TX 78702

(512) 553-2683; https://recoveryatx.org

Sober Austin

(737) 250-8024; https://soberaustin.com/

Texas Department of Health and Human Services

Search for a program near Austin, TX

Nova Recovery Center (offers both inpatient and outpatient treatment in the Austin, TX area): (512) 309-5743

More Frequently Asked Questions about Drug Crimes in Austin

Are There Any Paths to Dismissal of Drug Possession Charges?

Yes, we can attempt to get drug possession charges dismissed in several ways. We can get you enrolled in a pretrial diversion program. First-time offenders who successfully complete a pretrial diversion program will have their charges dismissed and may later be eligible to have their record sealed or expunged.

Requirements could include:

Participation in drug education classes
Agreeing to complete random drug testing
Community service
Participation in counseling or treatment

What Is the Difference Between Actual and Constructive Possession?

Active possession means someone has direct physical control over the drugs in question. You’re knowingly carrying or holding the substance. For example, if drugs are found in your pocket, backpack, or hand, it would be considered active possession.

Constructive possession means the drugs are not physically on you, but you still have the power and intent to control them. Prosecutors must be able to prove that you knew the drugs were present and that you had control (or the right to control) of the location or container where they were found. For example, if drugs are found in your car, home, or locker, and the evidence shows you knew they were there and had access to them, you could be charged under constructive possession.
In Texas, either type of possession can result in criminal charges.

What Should I Do If I’m Arrested for Drug Possession in Austin?

If you’re arrested for drug possession in Travis County, you need to take steps to protect yourself immediately. Contact an attorney as soon as possible. In the meantime, exercise your right to remain silent. Don’t answer police questions – no matter how innocuous they may seem – until your attorney is present. Don’t try to handle the situation on your own.

How Does a Drug Possession Conviction Affect My Life?

Any drug possession conviction could potentially impact many aspects of your personal life. It leaves you with a permanent criminal record that shows up on background checks. This can make it tougher to get hired, particularly in fields that require licenses or security clearance. You may lose eligibility for certain professional licenses, federal jobs, or financial aid for education. Landlords may deny rental applications, and public housing programs often restrict access for individuals with drug convictions. You could also lose child custody or visitation rights.

Beyond employment and housing, a conviction can lead to a suspension of your driver’s license and the loss of gun rights, especially in felony cases, where federal law imposes a lifetime firearm ban. It can also affect your right to vote or serve on a jury during and shortly after your sentence. If you aren’t a U.S. citizen, a conviction can carry severe immigration consequences, including deportation or denial of citizenship.

Can I Have a Drug Possession Charge Expunged in Texas?

While Texas offers a few options for record sealing or expungement, they are limited and typically not available to those with a felony conviction. However, completing a pretrial diversion program could help avoid a conviction entirely.

More Austin-Area Resources

How to get someone out of jail in Travis County
How to visit an inmate in Travis County
Data: How much is bail in Travis County?
Travis County warrant search

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Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

Michael&Associates

Compassionate Austin Marijuana and Drug Crimes Lawyer