Drug Possession Penalties | Austin Drug Possession Attorney

Drug possession charges in Texas are taken very seriously and carry some of the harshest penalties in the United States. Whether you’re caught with a small amount of marijuana or a significant quantity of a controlled substance, the consequences can be life-altering. 

Given the complexity and severity of drug possession laws in Texas, understanding the penalties and your legal options is critical to protecting your future. But it’s difficult to do on your own. Contact The Law Office of David Reed today for a FREE consultation from an experienced drug possession attorney in Austin, TX!

Possession of a Controlled Substance: What are the Penalties?

  • 1st-Degree Felony: Confinement in federal prison for 5 to 99 years + Fines up to $10,000
  • 2nd-Degree Felony: Confinement in federal prison for 2 to 20 years + Fines up to $10,000
  • 3rd-Degree Felony: Confinement in federal prison for 2 to 10 years + Fines up to $10,000
  • State Jail Felony: Confinement in a state jail for 180 days to 2 years + Fines up to $10,000
  • Class A Misdemeanor: Confinement in a state jail for up to 1 year + Fines up to $4,000
  • Class B Misdemeanor: Confinement in a state jail for up to 180 days + Fines up to $2,000
  • Class C Misdemeanor: Fines up to $500

1st-Degree Felony Drug Possession

  • 200 to 400 grams of Substance in Penalty Group 1
  • 400+ grams of Substance in Penalty Group 1
    • Minimum of 10 years federal prison confinement + fines up to $100,000
  • 4,000 to 8,000 abuse units of Substance in Penalty Group 1-A
  • 8,000+ abuse units of Substance in Penalty Group 1-A
    • Minimum of 15 years federal prison confinement + fines up to $250,000
  • 400+ grams of Substance in Penalty Group 2
    • Fines up to $50,000
  • 2,000+ pounds of Substance in Penalty Group 2-A
    • Fines up to $50,000
  • 400+ grams of Substance in Penalty Group 3
    • Fines up to $50,000
  • 400+ grams of Substance in Penalty Group 4
    • Fines up to $50,000
  • 2,000+ pounds of Marijuana
    • Fines up to $50,000

2nd-Degree Felony Drug Possession

  • 4 to 200 grams of Substance in Penalty Group 1
  • 80 to 4,000 abuse units of Substance in Penalty Group 1-A
  • 4 to 400 grams of Substance in Penalty Group 2
  • 50 to 2,000 pounds of Substance in Penalty Group 2-A
  • 200 to 400 grams of Substance in Penalty Group 3
  • 200 to 400 grams of Substance in Penalty Group 4
  • 50 to 2,000 pounds of Marijuana

3rd-Degree Felony Drug Possession

  • 1 to 4 grams of Substance in Penalty Group 1
  • 20 to 80 abuse units of Substance in Penalty Group 1-A
  • 1 to 4 grams of Substance in Penalty Group 2
  • 5 to 50 pounds of Substance in Penalty Group 2-A
  • 28 to 200 grams of Substance in Penalty Group 3
  • 28 to 200 grams of Substance in Penalty Group 4
  • 5 to 50 pounds of Marijuana

State Jail Felony Drug Possession

  • Less than 1 gram of Substance in Penalty Group 1
  • Fewer than 20 abuse units of Substance in Penalty Group 1-A
  • Less than 1 gram of Substance in Penalty Group 2
  • 4 ounces to 5 pounds of Substance in Penalty Group 2-A
  • 4 ounces to 5 pounds of Marijuana

Class A Misdemeanor Drug Possession

  • 2 to 4 ounces of Substance in Penalty Group 2-A
  • Less than 28 grams of Substance in Penalty Group 3
  • 2 to 4 ounces of Marijuana
  • Possession of Counterfeit Substance
  • Possession of Dangerous Drug

Class B Misdemeanor Drug Possession

  • Up to 2 ounces of Substance in Penalty Group 2-A
  • Up to 28 grams of Substance in Penalty Group 4
  • Up to 2 ounces of Marijuana
  • Possession of Prescription for a Schedule IV or Schedule V Substance
  • Possession and Use of Abusable Volatile Chemicals

Class C Misdemeanor Drug Possession

  • Use of Drug Paraphernalia
  • Possession of Drug Paraphernalia with Intent to Use

Drug Penalty Groups

  • Penalty Group 1 includes Cocaine, Ketamine, Heroin, Meth, and more.
  • Penalty Group 1-A includes LSD, dimethoxyphenethylamine (a.k.a. 2C-B or Nexus), and more.
  • Penalty Group 2 includes Ecstasy, PCP, and more.
  • Penalty Group 2-A includes Nabilone, cannabinol derivatives, and more.
  • Penalty Group 3 includes Ritalin, Valium, Xanax, and more.
  • Penalty Group 4 includes opiates and opioids that aren’t listed in Penalty Groups 1 or 3.

 

Please note that this is not an exhaustive list. To learn more about the classification of the specific substance you’re charged with possessing, contact me now.

Why Do You Need a Drug Charge Defense Attorney?

I’ve provided a lot of information above, and yet, it still doesn’t cover everything you must know! For example, there are “Enhancements” to drug charges that can increase the punishments you face, such as possessing a controlled substance in a designated “Drug-Free Zone.”

That’s why, if you’re facing drug charges, it’s vital for you to contact an experienced drug possession defense attorney immediately. These criminal defense lawyers can review your case and provide you with much more detailed information based on the unique circumstances of your situation.

Reduce Your Penalties with a Drug Possession Attorney in Austin, TX

Whether you’re dealing with a misdemeanor or a serious felony, having a dedicated criminal defense attorney in your corner is essential to protecting your rights. If you’ve been charged with the possession of a controlled substance, consult with the most passionate drug possession attorney in Austin, TX to defend your future.