An individual can face arrest for carrying even minute quantities of illicit substances, ranging from marijuana and cocaine to heroin, methamphetamine, and LSD. This also applies to prescription medications if they're possessed without a legitimate prescription, regardless of the drug's legal status when prescribed.

In Texas, penalties for possessing drugs, controlled substances, or illicit narcotics differ based on the specific drug and its quantity. Texas law categorizes these illegal substances into various groups based on the perceived risk as determined by Texas legislators. The following lists highlight the drugs most commonly associated with arrests for drug possession in Austin.

Controlled Substances Group 1:

Penalties for possession of controlled substances (POCS) in Penalty Group 1 often pertain to substances like cocaine, heroin, methamphetamine, opium, oxycodone, and certain prescription medications. However, this doesn't encompass all drugs, and it doesn't account for enhancements or more extreme cases.

Less than one gram = State Jail felony = 180 days to 2 years in 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

Controlled Substances Group 1-A:

This primarily pertains to LSD. However, it doesn't encompass all drugs, and it doesn't account for enhancements or more extreme cases.

Fewer than 20 units = State jail felony = 180 days to 2 years in 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

Controlled Substances Group 2:

This primarily pertains to Ecstasy and PCP. However, it doesn't encompass all drugs, and it doesn't account for enhancements or more extreme cases.

Less than one gram = State jail felony = 180 days to 2 years in 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

Controlled Substances Group 3 + 4:

This primarily pertains to prescription medications like Xanax, Valium, Ritalin, & Drug Compounds. However, it doesn't encompass all drugs, and it doesn't account for enhancements or more extreme cases.

Less than 28 grams = Class A misdemeanor = Not more than 1 year in a county jail

28 grams or more, 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

Controlled Substances Group 5:

This primarily pertains to prescription medications like marijuana. However, it doesn't encompass all drugs, and it doesn't account for enhancements or more extreme cases.

2 ounces or less = Class B misdemeanor = Not more than 6 months 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 jail

Hiring an attorney for a possession of a controlled substance charge in Texas is crucial for several reasons:

1. Complexity of the Law: Drug laws in Texas are intricate and involve various penalty groups, weight classes, and potential enhancements. Our experienced attorneys can help you understand the exact nature of the charges and the potential penalties you face.

2. Defending Your Rights: Law enforcement officers might not always follow proper procedures during arrests, searches, or interrogations. We can identify any violations of your constitutional rights, such as illegal searches or seizures, which could lead to the suppression of evidence.

3. Negotiating Plea Bargains: Our attorneys have established relationships with prosecutors. They can negotiate on your behalf to reduce the charges, secure a more lenient sentence, or even get the charges dismissed in some cases.

4. Trial Expertise: If your case goes to trial, you'll need someone experienced in courtroom procedures, rules of evidence, and presenting a defense to a jury. We can advocate on your behalf, cross-examine witnesses, and present evidence and arguments that support your case.

5. Knowledge of Alternatives: In some instances, especially for first-time offenders, there might be alternatives to traditional sentencing, like drug diversion programs, probation, or drug treatment programs. We can advise on eligibility and help navigate these alternative paths.

6. Personalized Defense Strategy: Every case is unique, with its own set of facts and circumstances. Our attorneys will craft a defense strategy tailored to your specific situation, increasing the chances of a favorable outcome.