Compassionate Austin Marijuana and Drug Crimes Lawyer

The two most common drug offenses in Austin are:

1. Marijuana Possession
2. Possession of a Controlled Substance (POCS)Marijuana Possession in Austin

Despite nationwide reform, marijuana remains illegal in Texas under the Controlled Substances Act.

While Austin temporarily decriminalized small amounts, that local ordinance was struck down in April 2025 by a state appeals court.

Even low-THC hemp or Delta-9 edibles can lead to arrest, since there’s no field test to distinguish legal hemp from illegal marijuana. Penalties are based on total weight, meaning a single edible could result in a state jail felony—punishable by 6 months to 2 years in jail and up to $10,000 in fines.

2019 Travis County statistics:

• 3,505 marijuana arrests
• 97% of cases dismissed
• 3% pleaded guilty or no contest

Source: These are the last statistics available from the Texas Department of Public Safety (DPS) before the enactment of the ordinance.

Bottom line: You can still be arrested for possessing products that are legally sold in stores.

Possession of a Controlled Substance (POCS)

Under Texas Health & Safety Code §§ 481.115–481.118, possessing a controlled substance without a valid prescription is a crime. Substances are divided into Penalty Groups 1–4, ranging from opioids and methamphetamines to prescription medications.

2024 Travis County data:

• 2,005 people charged with POCS
• 60% pleaded guilty or no contest
• 27.5% dismissed
• 2.5% deferred adjudication

Source: Travis County crime data

Penalties vary by drug and weight — from a Class B misdemeanor to a first-degree felony (up to 99 years in prison). Even minor possession can carry jail time and a permanent criminal record.

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 accepted medical use.

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

Here are some examples of the classifications:

Austin Drug Crime Penalty Groups

Texas classifies controlled substances by Penalty Group (PG):

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

Possible Defenses in Austin Drug Cases

Most drug arrests begin with a traffic stop or search, and many hinge on probable cause and possession claims. Our team examines every detail to challenge the state’s evidence.

We investigate:

• Was the stop or search lawful?
• Did police follow required procedures?
• Was the substance tested correctly?
• Were your rights violated under search and seizure laws?
• Did officers misidentify prescription medication?

We also present mitigating evidence such as valid prescriptions, lack of intent, or unlawful search and seizure — often leading to dismissals or reduced charges.

Why Hire Michael & Associates?

We’re not a volume firm — we’re a white-glove criminal defense team with the resources and experience of a major law firm, focused solely on Texas criminal defense.

Our Austin office includes:

• Former prosecutors and a retired judge
• An ex-FBI agent and several certified DWI scientists
• Attorneys fluent in English and Spanish
• 400+ years of combined legal experience

We negotiate aggressively and defend passionately, always working toward one goal — to protect your freedom and your future.

Real Cases. Real Results.

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 stringent.

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 dismissed the case 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 client: no conviction, no probation, and no lifelong consequences.