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 prescription, 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 separated 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.
The following chart identifies potential punishments for POCS in Penalty Group 1. This most commonly references Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than one gram | State jail felony | 180 days to 2 years in State Jail |
| 2 | 1 gram or more, less than 4 grams | Third-degree felony | 2 to 10 years in a state prison |
| 3 | 4 grams or more, but less than 200 grams | Second-degree felony | 2 to 20 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 1-A. This most commonly references LSD. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Fewer than 20 units | State jail felony | 180 days to 2 years in State Jail |
| 2 | 20 or more units, but less than 80 units | Third-degree felony | 2 to 10 years in a state prison |
| 3 | 80 units or more, but less than 4,000 units | Second-degree felony | 2 to 20 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 2. This most commonly references Ecstasy Pills & PCP. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than one gram | State jail felony | 180 days to 2 years in State Jail |
| 2 | 1 gram or more, less than 4 grams | Third-degree felony | 2 to 10 years in a state prison |
| 3 | 4 grams or more, but less than 200 grams | Second-degree felony | 2 to 20 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 3 & 4. This most commonly references many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than 28 grams | Class A misdemeanor | Not more than 1 year in a county jail |
| 2 | 28 grams or more, less than 200 grams | Third-degree felony | 2 to 10 years in a state prison |
| 3 | 200 grams or more, but less than 400 grams | Second-degree felony | 2 to 20 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 5. This most commonly references Marijuana. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | 2 ounces or less | Class B misdemeanor | Not more than 6 months in a county jail |
| 2 | More than 2 ounces, but less than 4 ounces | Class A misdemeanor | Not more than 1 year in a county jail |
| 3 | More than 4 ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail |
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
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