Drug Possession Lawyers in Austin, TX

Possession of certain drugs is considered a serious crime in Texas

Are you or your child facing drug possession charges in Central Texas? At Botsford & Roark, we understand that being charged with possession of cocaine, heroin, meth, marijuana, or another type of illegal substance can be an overwhelming and life-altering experience.

Our dedicated team of drug crime lawyers in Austin, Texas, is here to stand by your side, protect your rights as well as reputation, and fight for your future. If you are facing drug possession charges in Austin, Travis County, or elsewhere in Central Texas, contact us for a free case evaluation now.

What Is a drug possession crime in Texas?

In general, drug possession charges in Texas refer to the unlawful act of an individual having controlled substances or prescription medications without a valid prescription. It encompasses a wide variety of substances, including but not limited to:

• Marijuana
• Cocaine, crack
• Amphetamine, methamphetamine
• Heroin, opioids
• Fentanyl
• MDMA, ecstasy, PCP, mescaline
• Benzodiazepine, alprazolam
• Hallucinogens
• Prescription medications

Texas drug possession penalties

The penalties for drug possession in Texas vary based on factors such as the type and quantity of the substance allegedly involved, prior criminal history, and whether there is evidence of intent to distribute.

Due to the high degree of variation, there is no average outcome or penalty for a drug crime. For an explanation of the penalties in your specific case, contact us for a free case evaluation. In the meantime, here is a general outline of drug possession charge penalties in Texas:

Possession of cocaine, crack, amphetamine, methamphetamine, hallucinogens, heroin, and other Penalty Group 1 substances

• Less than 1 gram
  • State jail felony
  • 180 days to 2 years in jail, up to $10,000 fine
• 1-4 grams
  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine
• 4-200 grams
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• 200-400 grams
  • First degree felony
  • 5-99 years in prison, up to $10,000 fine
• 400 grams or more
  • Enhanced felony
  • 10-99 years in prison, fine up to $100,000

Possession of MDMA, ecstasy, PCP, mescaline some hallucinogens, and other Penalty Group 2 substances

• Less than 1 gram
  • State jail felony
  • 180 days to 2 years in jail, up to $10,000 fine
• 1-4 grams
  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine
• 4-400 grams
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• 400 grams or more
  • First degree felony
  • 5-99 years, up to $50,000 fine

Possession of prescription medications containing stimulant or depressants, benzodiazepine, alprazolam, and other Penalty Group 3 substances

• Less than 28 grams
  • Class A misdemeanor
  • Up to 1 year in jail, $4,000 fine
• 28-200 grams
  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine
• 200-400 grams
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• 400 grams or more
  • First degree felony
  • 5-99 years in prison, up to $50,000 fine

Possession of other prescription medications and Penalty Group 4 substances

• Less than 28 grams
  • Class B misdemeanor
  • Up to 180 days in jail, $2,000 fine
• 28-200 grams
  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine
• 200-400 grams
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• 400 grams or more
  • First degree felony
  • 5-99 years in prison, up to $50,000 fine

Possession of marijuana

• Less than 2 oz.
  • Class B misdemeanor
  • Up to 180 days in jail, $2,000 fine
• 2-4 oz
  • Class A misdemeanor
  • Up to 1 year in jail, $4,000 fine
• 4 oz. to 5 lbs.
  • State jail felony
  • Up to 2 years in jail, $10,000 fine
• 5-50 lbs.
  • Third degree felony
  • 2-10 years in jail, up to $10,000 fine
• 50 lbs.-2,000 lbs.
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• More than 2,000 lbs. (1 ton)
  • Enhanced first degree felony
  • 10-99 years in prison, up to $100,000 fine

It's important to note that Texas has a unique approach to drug possession penalties and repeat offenses or possession of larger quantities can lead to more severe consequences.

Additionally, drug convictions can have long-term repercussions on your criminal record and future career, housing, and educational opportunities. This makes the need to mount a strong defense even more important.

Put decades of legal experience on your side

Drug possession is a major crime in Texas. The consequences of a drug possession conviction can have a lasting impact on your life. But you can fight back with Botsford & Roark.

Over our decades of practicing law in Texas, Botsford & Roark has developed a reputation for handling drug possession charges in a way that protects your freedom, reputation, and future.

If you're facing drug possession charges in Central Texas, don't wait to seek legal counsel. Contact the Austin drug possession defense lawyers at Botsford & Roark for a free case evaluation. Let us help you build a strong defense and protect your interests and public profile. Your rights matter, and we are here to fight for them.