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Drug Possession Sentencing and 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.

 

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 Marihuana, 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



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Law Office of Robert Keates
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Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX 512-800-3741
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