Austin Drug Possession Attorney

Possession of a Controlled Substance Attorney

Drug possession charges in Texas can put your freedom, your record, and your future at risk. Whether you are facing a misdemeanor charge for a small amount of marijuana or a felony charge involving a controlled substance, the outcome of your case depends heavily on how it is handled from the start. If you or someone you know has been charged with drug possession in Austin or the surrounding area, getting legal representation early gives you the best chance at a favorable result.

At Gunter, Bennett & Anthes, P.C., our attorneys understand how the state builds its cases and where those cases can be challenged. To speak with our team, contact us online or call (512) 476-2494.

Drug Possession Charges in Texas

The Texas Health and Safety Code outlines the definitions and penalties associated with drug offenses, categorizing controlled substances into different penalty groups based on their potential for abuse and medical use. These penalty groups dictate the severity of the charges and the corresponding penalties.

Possessing controlled substances without a valid prescription can result in severe legal consequences. However, having a valid prescription for a controlled substance can serve as a defense, potentially preventing a drug conviction.

In Austin, possession of marijuana is one of the most common drug offenses. Other common drug offenses include the possession of illegal drugs such as cocaine, methamphetamine, heroin, and ecstasy.

Penalty Groups for Controlled Substances

Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, regulates the use and distribution of controlled substances in the state, categorizing them into penalty groups and specifying associated penalties.

Texas categorizes controlled substances into four penalty groups, with Penalty Group 1 comprising the most dangerous drugs, such as opiates and cocaine. The classification within these groups determines the severity of the penalties, which can range from misdemeanors to serious felonies. For instance, possessing less than one gram of a Group 1 substance is classified as a state jail felony.

Unlike other drugs, marijuana is not part of a penalty group and is handled separately under the Texas Controlled Substances Act. Visit our Marijuana Possession page to learn more.

• Penalty Group 1: Opioids (heroin, oxycodone), methamphetamine, cocaine, ketamine, and GHB.
• Penalty Group 2: Hallucinogens like MDMA/ecstasy, PCP, mescaline, and certain psychedelic
  compounds.
• Penalty Group 3: Compounds with accepted medical uses but potential for abuse, such as
  benzodiazepines, Valium, Xanax, and certain stimulants.
• Penalty Group 4: Compounds with lower potential for abuse and accepted medical uses,
  including certain prescription medications with small amounts of narcotics.

The penalties are influenced by the quantity and classification of the controlled substance involved, with specific circumstances, such as possession near schools, resulting in heightened penalties.

How Texas Prosecutors Build Possession Cases

Constructive possession cases, where the drugs were not found directly on your person, require the prosecution to establish a link between you and the substance beyond simply being present nearby. How the evidence is framed can determine the direction of the entire case.

Our attorneys have handled drug crime cases from both sides of the courtroom and understand how the state approaches constructive possession arguments. That experience informs how we evaluate the evidence and advise clients on their options.

In some cases, particularly those involving large quantities or trafficking-adjacent conduct, charges may be referred to federal prosecutors. Federal drug charges carry mandatory minimum sentences and are prosecuted more aggressively than state charges.

Misdemeanor vs. Felony Drug Possession

In Texas, drug possession charges can be categorized as either misdemeanors or felonies, with the potential penalties varying significantly. Misdemeanor offenses, such as possessing small amounts of drugs for personal use, typically result in less severe penalties, including up to one year in county jail and fines.

Felony drug offenses carry much harsher penalties, ranging from two years to life in prison, depending on the amount and type of controlled substance. Possessing less than one gram of a Group 1 substance, like cocaine, can lead to a state jail felony charge.

Potential Consequences of a Drug Possession Conviction

The consequences of a drug possession conviction in Texas can be far-reaching and severe. Depending on the classification of the controlled substance and the amount involved, penalties can include imprisonment and fines up to $10,000. For instance, felony convictions can lead to significant prison sentences, dramatically altering one’s life.
Misdemeanor Drug Charges

• Class C Misdemeanor: $500 in fines
• Class B Misdemeanor: 6 months in jail and up to $2,000 in fines
• Class A Misdemeanor: 12 months in jail and up to $4,000 in fines

Felony Drug Charges

• State Jail Felony: 6 months to 2 years in jail and up to $10,000 in fines
• Third Degree Felony: 2 to 10 years in prison and up to $10,000 in fines
• Second Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
• First Degree Felony: 5 to 99 years in prison and up to $10,000 in fines

Beyond the immediate legal penalties, a drug conviction on your criminal record can have long-term repercussions. It can affect your employment and housing options, and can lead to the loss of certain civil rights, including the right to vote and own firearms.

How Gunter, Bennett & Anthes, P.C. Defends Austin Drug Possession Cases

Having former prosecutors on your side changes how a drug possession case is approached. Our attorneys spent years on the other side of the courtroom in Travis County, which means they know how charging decisions are made, how evidence is evaluated, and where the prosecution’s case may be vulnerable. That perspective drives how we evaluate evidence, identify weaknesses in the prosecution’s case, and advise clients on their options.

We work with clients across a range of situations:

• First-time offenders who want to protect their record and explore diversion options
• Individuals facing felony charges involving controlled substances
• Those who were charged after a traffic stop, search, or arrest where the legality of law enforcement conduct is in question
• People dealing with charges tied to prescription medications they lawfully possess
• Clients whose charges stem from being in the wrong place at the wrong time

No two drug possession cases in Austin are the same. Our approach starts with a careful review of the facts, the evidence, and the circumstances of your arrest, including whether law enforcement followed proper procedures from the moment of the stop.

Additional Resources on Texas Drug Laws

Recognizing Texas drug laws is crucial for those facing charges to ensure proper legal representation and navigate the legal system effectively. Resources for Texas drug laws can be found through the Texas Department of State Health Services. These resources provide valuable information on legal defenses, including proving lack of knowledge, showing valid prescriptions, and challenging the legality of searches.

Support services for drug addiction, such as local recovery centers, offer confidential treatment options that can be beneficial for individuals struggling with substance abuse.