Illegal Drug Possession in Texas: What You Need to Know
Let’s say you get caught with marijuana on a camping trip, or a police officer finds unprescribed pain pills in your car during a traffic stop. What happens next? Will you be charged with a felony or misdemeanor drug crime?
As a top criminal defense firm in Austin, we here at Chris Perri Law often see people come in with questions about drug use and the law.
The reality is that drug possession is common, with some studies showing a rise in usage during the pandemic. Many people use illegal substances in response to trauma, addiction, physical pain, or peer pressure. Regardless of the reason, it’s important to understand the legal risks associated with having illegal drugs in your possession.
In this article, we’ll tell you what you need to know about illegal drug possession in Texas, including how the law differs in Travis County versus other areas of the state.
Is Drug Possession a Felony in Texas?
The answer is both yes and no. Whether or not drug possession is a felony crime depends on which drug is in your possession, as well as the amount. Below are examples of controlled substances that, regardless of the amount, are felony-level:
Opioids like heroin, codeine, hydrocodone, fentanyl, oxycodone
Cocaine or crack
Methamphetamine
Ketamine
Mescaline
LSD
Ecstasy
PCP
Peyote
Psilocybin mushrooms
Products with an amount of greater than 0.3% of the psychoactive chemical Delta-9 THC (modified from the original cannabis plant) - think weed brownies, THC dummies, and THC vape pens
When drug possession is at the felony-level, the technical charge is “possession of a controlled substance.” Often, this term is abbreviated to POCS. You may see the term “narcotics” as well. According to the Drug Enforcement Agency, the term narcotics technically means opium and opium derivatives, but it’s often used to refer to any illegal drug.
Punishment for Felony Possession of Controlled Substance in Texas
The punishment for possessing a felony-level controlled substance will depend on:
Which substance was found in your possession, as even within the felony range, there are different penalty groups for different drugs,
the quantity of drugs you have,
your prior criminal history,
and the skill level of your criminal defense lawyer.
In general, smaller amounts of felony-level drug possession are punished by probation or jail time and a fine of up to $10,000. Larger amounts can be punished by up to 99 years in prison and a fine of up to $100,000. Usually, the punishment falls somewhere in between.
In addition, if you are convicted of a felony, Texas law bans you from owning a firearm – for life.
Needless to say, the consequences of a POCS conviction are severe. That’s why it’s essential to invest in a quality defense lawyer with a focus on drug crime, like Chris Perri, to help fight your case.
When Is Drug Possession a Misdemeanor?
Texas Law considers some drugs to be less dangerous and thus charges people who possess them with misdemeanors instead of felonies. These drugs include:
Marijuana
Synthetic marijuana, such as K2 and Spice
Certain prescription medications, including opioids not categorized at the felony level, such as benzodiazepines, anabolic steroids, and methylphenidate
That said, it’s important to note that possession of large amounts of these drugs can be bumped up to a felony-level crime. For example, possessing more than four ounces of marijuana is considered a felony, while possessing less is considered a misdemeanor.
Punishment for Misdemeanor-Level Drug Possession in Texas
Like with felonies, the punishment will depend on a myriad of factors, such as your attorney, your past criminal history, the amount you possess, and more.
That said, the punishment for possessing small quantities of misdemeanor-level drugs, such as cannabis, often depends on where you were arrested. For instance, some counties, such as Travis, will give you a ticket, while others will sentence you to up to two years in jail and require you to pay a fee of up to $4,000.
How Austin Drug Crime Prosecution Differs
Marijuana
In 2020, The Austin City Council and Austin Police Department agreed to decriminalize misdemeanor amounts of marijuana, which is any amount less than four ounces. This is NOT the same as legalizing weed– it’s simply providing police officers the option to refrain from bringing criminal charges against someone possessing a small quantity of marijuana.
Controlled Substances
In 2021, Austin elected a new Travis County District Attorney, Jose Garza. The District Attorney is responsible for overseeing the prosecution of all felony-level crimes in the county. Each DA tends to have a different focus, and part of Garza’s mission has been to decrease the prosecution of non-violent crimes in Travis County. In most cases, his office has decided to forego pressing charges against someone caught with any felony-level drug, such as heroin or cocaine, in the amount of one gram or less. This move essentially decriminalizes all drugs in the amount of a gram or less.
Even if you are caught with a larger amount of a controlled substance, Austin tends to be more lenient and willing to work with people, especially if they’re open to receiving substance abuse treatment. A Travis County criminal defense attorney can help you navigate the system and achieve an outcome that protects your future.
How a Proven Criminal Defense Lawyer with Experience in Drug Law Can Help
Many people feel hopeless after a drug arrest, but they don’t have to. Remember, an arrest does not necessarily equal a conviction. An Austin attorney with an extensive understanding of Texas drug law, such as Chris Perri, can have a major impact on the outcome of your case.
For example, Chris Perri has won many suppression hearings in drug-related cases, in Austin and beyond. This means that he was able to get evidence thrown out by proving the police obtained it illegally. (To Learn more about your search and seizure rights, click here.) Chris also has helped many people battling addiction or trauma prove to the courts that they deserve a second chance.
Together, Chris and his clients come up with strategies that best suit the client’s goals. His continued success is part of why he has been selected to the exclusive Texas Super Lawyers list several years in a row.
If you or someone you love has been charged with possession of a controlled substance or another drug crime in Travis County, Hays County, Williamson County, Bastrop County, or nearby, call Chris Perri Law at (512)269-0260 or contact us here to schedule a free case consultation. No matter your situation, we’re here to help.