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 prescription drugs. 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.
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% were dismissed, while 3% pleaded guilty or no contest.
READ MORE: Study investigates whether your THC gummies are legal
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 possessing 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 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 accepted medical use.
The penalties decrease based on the group classification and the amount involved.
Here are some examples of the classifications:
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Schedule
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Examples
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Potential charges (based on volume)
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Group 1: Drugs with no acceptable medical use and high potential for abuse (§481.102)
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Codeine, cocaine, ecstasy, heroin, opium, oxycodone, meth
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State jail felony to first-degree felony
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Group 1A
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LSD and other hallucinogens
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State jail felony to first-degree felony
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Group 1B
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Fentanyl and derivatives
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State jail felony to first-degree felony
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Group 2: These have some accepted medical uses but a high potential for abuse (§481.103)
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PCP, hashish, psilocybin (psychedelic mushrooms), mescaline
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State jail felony to second-degree felony
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Group 2A
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Synthetic cannabinoids such as K2 and Spice
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Class B misdemeanor to second-degree felony
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Group 3: Accepted medical uses with lower potential for abuse (§481.104)
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Valium, xanax, anabolic steroids, ketamine, ritalin, opiates not listed in Group 1
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Class A misdemeanor to second-degree felony
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Group 4 (§481.105)
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All opiates and opioids not listed in the other groups and other prescription drugs
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Class B misdemeanor to second-degree felony
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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: 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 easily a one-time mistake can derail an entire life.
