Drug Possession Frequently Asked Questions

Travis County Drug Possession Frequently Asked Questions

Are there minimum sentences for Drug Possession?

Yes, each distinct illegal drug carries a range of punishments, with minimums and maximums. A full list of punishments, minimums and maximums can be found on our site, or just call us.

What if I'm charged with Drug Sales, but it was really only for me?

Many times, people are arrested for Intent to Deliver when they truly intended only to use the drug for themselves.

Can I get rehab over jail?

Travis County offers both a Drug Court as well as many Drug Treatment Facilities that may be bargained for during the plea-bargaining between the defense attorney and the district attorney. For some first time offenders and those with lower quantities of drugs, it is possible to partake in drug treatment over jail.

Can I be arrested for giving away drugs?

Yes, you can be arrested for giving away or delivering drugs. Marijuana Law contains a separate section referencing giving away without selling for profit a small amount of marijuana. It is a Class B misdemeanor for giving away a ?? ounce or less of marijuana, which carries a punishment of up to 180 days in a county jail.

I am a repeat offender. Are the punishments more severe for me?

Although a good defense attorney will usually be able to mitigate the sentence to some degree, each time your are arrested and convicted of any crime, you are potentially treated more harsh in terms of sentencing or punishment than the time before. For a list of repeat drug offender sentencing punishments, click here and scroll to the bottom of the page.

What are the Federal Laws for Marijuana Offenses, and what if I'm caught crossing into Texas with drugs?

If you are caught crossing a state line with drugs, you potentially could be charged with a federal crime. For instance, with Marijuana, a first offense of possession for personal use is a misdemeanor punishable by up to one year in a federal jail or prison. With Intent to Deliver Marijuana, less than 50kg is a felony punishable by up to 5 years in jail or prison.


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