Drug Possession Punishments in Austin Texas: Marijuana, Cocaine, Heroin, Meth, & Prescription Pills

Posted over 3 years ago. Applies to Austin, TX, 4 helpful votes

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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 cases or Criminal Defense, visit: www.LawOfficeofRobertKeates.com

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 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

Additional Resources

Austin Criminal Defense Lawyer

Austin Drug Lawyer

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