Drug possession charges in Texas are governed by the Texas Controlled Substances Act, which classifies controlled substances into Penalty Groups with different sentencing ranges. The substance type and the quantity in your possession determine which Penalty Group applies — and those distinctions carry consequences ranging from a fine-only Class B misdemeanor to decades in prison for first-degree felony amounts.
Marijuana is treated separately from other controlled substances under Texas law. Possession of under 2 ounces is a Class B misdemeanor — up to 180 days in jail and a fine up to $2,000. Between 2 and 4 ounces is a Class A misdemeanor. Above 4 ounces enters felony territory, with penalties scaling up with quantity. Despite marijuana's legal status in neighboring states, Texas enforcement remains active.
For substances in Penalty Group 1 — cocaine, heroin, methamphetamine, oxycodone without a prescription, and others — possession of less than 1 gram is a state jail felony. From 1 to 4 grams becomes a second-degree felony. Above 4 grams escalates further. These are not misdemeanors, and even state jail felony convictions have lasting consequences for employment, housing, and immigration status.
One of the most defensible areas in drug possession cases is the legality of the search. If law enforcement discovered the substance through an unconstitutional search — a traffic stop without reasonable suspicion, a search exceeding the scope of consent, or a warrantless search of a home without exigent circumstances — the evidence may be suppressible. Suppression of the evidence often leads to dismissal of the charge.
Travis County has diversion programs for certain drug possession offenses. The Travis County Drug Court and the District Attorney's deferred prosecution programs allow first-time, non-violent offenders to complete drug treatment in lieu of prosecution. Not everyone qualifies, and the programs have requirements — but for those who do qualify, they offer a path that avoids a conviction entirely.
We connect Austin residents facing drug possession charges with criminal defense attorneys in Travis County who evaluate the constitutionality of the search, the accuracy of the substance identification (lab results are not always prompt or accurate), and diversion eligibility before advising on strategy.
What You Need to Know
Key Facts About This Case Type
Penalty Group determines your charge
Texas classifies controlled substances into Penalty Groups. Your charge and sentencing exposure depends on which group applies to your substance and the quantity. Group 1 (cocaine, meth, heroin) carries the most severe penalties.
Search legality is often the key defense
Evidence found through an unconstitutional search cannot be used against you. If law enforcement lacked reasonable suspicion for the stop or probable cause for the search, the resulting evidence may be suppressed.
Diversion programs exist in Travis County
Travis County offers drug court and deferred prosecution options for eligible first-time, non-violent offenders. These programs allow completion of treatment in lieu of criminal prosecution — no conviction if successfully completed.
Lab testing results take time
Field tests for controlled substances are not definitive. The substance must be laboratory tested to confirm its identity. Cases have been dismissed when lab results returned negative. An attorney knows when and how to challenge substance identification.
Common Questions
Frequently Asked Questions
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