The two most common drug offenses in Austin are:
- Marijuana Possession
- Possession of a Controlled Substance (POCS)
Marijuana Possession in Austin
Despite nationwide reform, marijuana remains illegal in Texas under the Texas Controlled Substances Act. Texas Health & Safety Code § 481.121 criminalizes knowingly or intentionally possessing a usable quantity of marijuana.
Austin voters approved an ordinance restricting local enforcement of low-level marijuana possession, but in April 2025 a state appeals court ruled that the ordinance was preempted by Texas law and ordered the trial court to temporarily block its enforcement.
Marijuana and THC concentrates are treated differently under Texas law. Possession of up to two ounces of marijuana is a Class B misdemeanor, while more than two ounces but no more than four ounces is a Class A misdemeanor. More than four ounces can result in a felony charge.
THC concentrates and some edibles can carry much harsher penalties. Prosecutors may charge these products under Texas Penalty Group 2, where punishment can be based on the aggregate weight of the substance, including adulterants and dilutants. As a result, a single edible could result in a state jail felony, which is punishable by 6 months to 2 years in a state jail facility 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 most recent statistics available from the Texas Department of Public Safety (DPS) before the ordinance took effect.
Bottom line: You can still be arrested for possessing products that are legally sold in stores.
Federal hemp laws are changing: Beginning December 11, 2026, a new federal definition of hemp is scheduled to take effect. The law will use total THC, including THCA, rather than focusing only on Delta-9 THC, and will exclude many intoxicating hemp-derived products from the federal definition of legal hemp. Final hemp-derived cannabinoid products containing more than 0.4 milligrams of total THC and similar cannabinoids per container will no longer qualify as hemp under federal law.
Until the new federal definition takes effect, the current federal hemp definition remains in place. Texas law and regulations may impose additional restrictions.
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 Code § 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 a 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 several penalty groups. Penalties vary based on the classification, substance, and amount.
Here are some examples of the classifications:
Austin Drug Crime Penalty Groups
Texas classifies controlled substances by Penalty Group (PG):
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Penalty group
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Common examples
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Penalties
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PG 1
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Cocaine, heroin, methamphetamine
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Possession penalties increase based on the aggregate weight of the substance, while manufacture or delivery carries separate penalties.
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PG 1-A
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LSD
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Penalties are based on the number of abuse units.
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PG 1-B
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Fentanyl and related substances
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Possession penalties increase based on the aggregate weight of the substance.
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PG 2
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Ecstasy (MDMA) and certain hallucinogens
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Possession of less than one gram is a state jail felony.
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PG 2-A
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Certain synthetic cannabinoids
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Possession penalties use different weight thresholds than PG 2.
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PG 3
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Xanax, Valium and certain prescription drugs
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Possession can range from a Class A misdemeanor to an enhanced first-degree felony, depending on aggregate weight.
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PG 4
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Certain compounds containing limited amounts of narcotics
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Possession can range from a Class B misdemeanor to an enhanced first-degree felony, depending on aggregate weight.
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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: Five to 99 years or life in prison, with fines that vary depending on the specific controlled-substance offense.
- 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 or other legal authorization, lack of knowing possession, or unlawful search and seizure
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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 ex-law enforcement officers
- An ex-FBI agent and several certified DWI scientists
- A board-certified criminal defense attorney
- 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.
State Jail Felony Drug Possession and THC Charges: Dismissed
Court: 147th District Court in Travis County
Outcome: Both charges dismissed
Time to resolution: Approximately three months
The client faced two felony possession charges, including a THC possession charge. Both cases were filed in the 147th District Court and were dismissed approximately three months after the firm was retained. The client avoided jail and trial.
Third-Degree Felony Drug Possession: Dismissed
Court: 427th District Court in Travis County
Outcome: Dismissed
Time to resolution: Approximately 2.5 months
The client faced a third-degree felony possession of a controlled substance charge in Travis County. The case was dismissed approximately 2.5 months after the firm was retained, without jail or trial.
Felony Drug Possession: Dismissed
Court: 390th District Court in Travis County
Outcome: Dismissed
Time to resolution: Approximately six months
The client faced a felony possession of a controlled substance charge in Travis County. The case was dismissed approximately six months after the firm was retained, without jail or trial.
Note: Past results don't guarantee future outcomes.
