Drug Possession Arrest & Punishments in Austin Texas

Drug Possession arrests and charges are the most common type of drug arrests in not only Austin or Travis County, but in Texas as a whole. A person may be arrested if they possess even a small amount of an illegal drug such as marijuana, cocaine, heroin, methamphetamine, LSD, and even prescription drugs if carried without a valid presecription, and even if the pills are otherwise be legal.

Punishments for Possession of Drugs, Controlled Substances, or Illegal Narcotics varies depending on the actual drug and the amount carried. In Texas, Illegal Drugs are seperated into Groups, depending on the Texas Lawmakers determination on the dangers of each drug. The lists below contain only the most popular types of drugs in terms of arrest of austin criminal drug possession cases. For a full list of Texas Statutes, see our Legal Research page.

For more informtation on specific drugs, click on a drug type or area to the right.

Group 1: Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills
Weight of Drug	Type of Offense	Punishment
Less than one gram	State jail felony	180 days to 2 years in a state jail
1 gram or more, less than 4 grams	Third-degree felony	2 to 10 years in a state prison
4 grams or more, but less than 200 grams	Second-degree felony	2 to 20 years in a state prison
200 grams or more, but less than 400 grams	First-degree felony	5 to 99 years in a state prison
400 grams or more	Enhanced first-degree felony	10 to 99 years in a state prison

 

Group 1A: LSD
Weight of Drug	Type of Offense	Punishment
Fewer than 20 units	State jail felony	180 days to 2 years in a state jail
20 or more units, but less than 80 units	Third-degree felony	2 to 10 years in a state prison
80 units or more, but less than 4,000 units	Second-degree felony	2 to 20 years in a state prison
4,000 units or more, but less than 8,000 u	First-degree felony	5 to 99 years in a state prison
8,000 units or more	Enhanced first-degree felony	15 to 99 years in a state prison

 

Group 2: Ecstasy Pills & PCP
Weight of Drug	Type of Offense	Punishment
Less than one gram	State jail felony	180 days to 2 years in a state jail
1 gram or more, less than 4 grams	Third-degree felony	2 to 10 years in a state prison
4 grams or more, but less than 400 grams	Second-degree felony	2 to 20 years in a state prison
400 grams or more	Enhanced First-degree felony	5 to 99 years in a state prison

 

Group 3 & 4: Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds
Weight of Drug	Type of Offense	Punishment
Less than 28 grams	Class A misdemeanor	Not more than 1 year in a county jail
28 grams or more, but less than 200 grams	Third-degree felony	2 to 10 years in a state prison
200 grams or more, but less than 400 grams	Second-degree felony	2 to 20 years in a state prison
400 grams or more	EnhancedFirst-degree felony	5 to 99 years in a state prison

 

Marijuana Marihuana, Possession
Weight of Drug	Type of Offense	Punishment
2 ounces or less	Class B misdemeanor	Not more than 180 days in a county jail
More than 2 ounces, but less than 4 ounces	Class A misdemeanor	Not more than 1 year in a county jail
More than 4 ounces, but less than 5 pounds	State jail felony	180 days to 2 years in a state jai
More than 5 pounds, but less than 50 pounds	Third-degree felony	2 to 10 years in a state prison
More than 50 pounds, but less than 2,000	Second-degree felony	2 to 20 years in a state prison
More than 2,000 pounds	Enhanced first-degree felony	5 to 99 years in a state prison

*Controlled Substance Offenses may also suspend a Texas Driver' License.

Repeat Misdemeanor Marijuana Offenses:

• If charged with a Class A misdemeanor and defendant has been before convicted of a Class A misdemeanor or any degree of felony = 90 days-1 year; $4,000
• If charged with a Class B misdemeanor and defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony = 30 days-180 days; $2,000
• If charged with a Class C misdemeanor and defendant has been before convicted under one or a combination of the two above three times and the prior offense was committed within 24 months of incident = > 180 days; $2,000  

Repeat Felony Marijuana Offenses:

• If charged with a state jail felony punishable and defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
• If charged with a state jail felony punishable and defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
• If charged with a state jail felony or of a third-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
• If charged with a second-degree felony and the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
• If it is a first-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years.  In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000

 

 

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COMMON DRUGS
Marijuana (Marihuana)
Cultivation & Growing
Methamphetamine
Cocaine
Heroin
Opium
Prescription Pills

PRACTICE AREAS
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