This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Austin drug defense attorney defends clients facing drug charges across Travis County and the surrounding areas. Drug possession remains one of the most common criminal charges in Texas, and Austin is no exception. The Austin Police Department and Travis County law enforcement agencies arrest thousands of people each year for possession of a controlled substance and other drug crimes. A drug possession charge can result in jail time, heavy fines, a permanent arrest record, and lasting damage to your employment opportunities, housing options, and college enrollment prospects.
Texas enforces some of the strictest drug laws in the country. Even a first-time offense involving a small amount of a controlled substance can lead to felony drug charges. We built our law office to fight these cases with aggressive, detail-driven legal defense strategies. This page explains what you face with a drug possession charge in Austin, how we defend these cases, and why LaVine Law Firm is the right choice when your future is on the line. Contact us today for FREE consultations.
We treat every drug possession case as a unique fight. No two arrests happen the same way, and no two clients face the same circumstances. Our criminal defense attorneys reject cookie-cutter strategies and build each legal defense from the ground up. We know the Travis County courts, the local prosecutors, and the judges who handle drug crime charges in Austin.
Our drug possession attorney team handles cases at every stage of the legal process. We step in during pre-arrest investigations, challenge charges at filing, negotiate with prosecutors, and take cases to trial when needed. You are innocent until proven guilty, and we hold the state to that standard. From the first call, our bilingual team keeps you informed, answers your questions, and fights to protect your rights. We also offer payment plans to make quality defense accessible.
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Texas has some of the harshest drug laws in the United States, and Travis County courts enforce them. Even a first-time possession of a controlled substance charge can lead to months in jail, thousands in fines, and a criminal record that follows you for years. The penalties depend on the type and amount of substance involved, which Texas organizes into drug penalty groups. Understanding these groups is the first step in building your defense.
Texas classifies controlled substances into penalty groups under the Texas Health and Safety Code, Chapter 481. The penalty group determines how severe your charge will be. Each group ranks substances based on their potential for abuse and accepted medical use. Here is how the drug schedules break down:
Penalty Group 1: The most serious category. Includes cocaine, heroin, methamphetamine, fentanyl, and ketamine. Possession of cocaine or any Penalty Group 1 substance, even in small amounts, can result in felony drug charges. The specific penalties for this group are outlined in Texas Health and Safety Code § 481.115.
Penalty Group 1-A: LSD and its derivatives.
Penalty Group 2: Includes MDMA (ecstasy), PCP, synthetic cannabinoids, psilocybin mushrooms, and THC oils such as hash oil used in a dab rig, dabbing rig, or vaporizer pen. Possession of drug paraphernalia associated with these substances can lead to additional charges.
Penalty Group 3: Prescription drugs, including Xanax, Valium, and anabolic steroids. Prescription drug charges fall here when a person possesses these substances without a valid prescription.
Penalty Group 4: Certain prescription compounds with limited narcotic content.
Texas classifies marijuana separately under the Texas Health & Safety Code, and marijuana possession carries its own penalty structure. Even small amounts of a Penalty Group 1 substance can trigger a state jail felony or higher. The stakes are high regardless of which group applies to your case.
The amount and type of substance determine whether prosecutors file your charge as a misdemeanor or felony. Understanding the difference between a felony and a misdemeanor in Texas is critical for knowing what you face. Here is how the penalties break down under Texas law:
Class B Misdemeanor (e.g., possession of marijuana, 2 oz or less): Up to 180 days in county jail, fine up to $2,000
Class A Misdemeanor (e.g., 2–4 oz of marijuana or low-tier substances): Up to 1 year in county jail, fine up to $4,000
State Jail Felony (e.g., less than 1 gram of a Penalty Group 1 substance): 180 days to 2 years in state jail, fine up to $10,000
Third-Degree Felony (1–4 grams of PG1): 2–10 years in prison, fine up to $10,000
Second-Degree Felony (4–200 grams of PG1): 2–20 years in prison, fine up to $10,000
First-Degree Felony (200–400 grams): 5–99 years or life in prison
Enhanced/Aggravated Possession (400+ grams): 10–99 years or life, with a mandatory minimum sentence
Prior convictions can elevate any charge by one level. Penalties extend far beyond jail time. A conviction can lead to license suspension, loss of financial aid, immigration consequences, barriers to employment, restrictions on international travel, and problems with U.S. Customs and Border Protection. Even your social media and public records can reflect a drug conviction, affecting college enrollment and professional licensing.
An effective drug possession legal defense starts with a thorough investigation of the arrest, the search, and all evidence. We leave nothing unchecked. Many drug cases are won before trial through pre-trial motions and suppression hearings. Our goal is a dismissal whenever the facts support it.
The Fourth Amendment protects you against unreasonable searches and seizures. If law enforcement violated your rights during the arrest, the evidence they collected may be thrown out. We also review whether officers followed proper procedures during a warrant search or whether the warrant department issued the warrant based on sufficient probable cause. We challenge unlawful searches on several grounds:
If the court suppresses the evidence, the prosecution often cannot move forward. Charges may be reduced or dismissed. Learn more about your rights when police search your car in Texas. We review every police report, body camera recording, and search warrant affidavit in every case we handle. We also confirm that officers read your Miranda Rights at the proper time. Understanding your rights when police stop you is an essential part of building a strong defense. This attention to detail gives our clients the strongest possible legal defense.
Drug evidence must be collected, stored, documented, and tested in accordance with strict procedures. Errors at any step create opportunities to challenge the prosecution's case. We examine the chain of custody to find gaps, mishandling, or contamination. If the evidence was not logged and stored under proper conditions, we raise that issue before the court.
Lab testing errors are another common weakness. Were the controlled substances identified and weighed correctly by forensic chemists? Were the testing instruments calibrated and certified? Field testing kits are known for false positives, and Texas has documented cases where innocent substances were misidentified. We work with qualified experts when necessary to challenge lab findings. The prosecution bears the burden of proving beyond a reasonable doubt that the substance matches what they claim and in the quantity alleged.
Texas requires the prosecution to prove two things: that the defendant possessed the substance and that the defendant knew it was a controlled substance. Constructive possession cases arise when drugs are found in a shared space, such as a car, apartment, or bag, rather than on the defendant's person.
We build strong defenses in constructive possession cases by raising several arguments:
Being present where drugs are found is not enough for a conviction under Texas law. We examine the full picture, including the location of the drugs, ownership of the space, proximity, and witness accounts. These details can make the difference between a conviction and a dismissal.
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Travis County and Austin courts offer diversion and alternative sentencing programs that can help eligible defendants avoid a conviction or reduce their sentence. These programs focus on treatment and rehabilitation instead of punishment. However, access is not automatic; it requires skilled legal negotiation and a clear understanding of the eligibility rules.
The main options available include:
Travis County Drug Diversion Program: Eligible defendants complete the program, and the charge may be dismissed upon successful completion.
Deferred Adjudication Probation: The court does not enter a conviction if the defendant meets all probation terms. The case may qualify for nondisclosure afterward.
Court-Mandated Drug Treatment Programs: These programs address substance abuse issues and can influence sentencing outcomes.
First-Time Offender Programs: Qualifying misdemeanor defendants may access programs designed to keep first-time drug offenses off their record.
Not everyone qualifies. Prior criminal history, the type of controlled substance, and the quantity involved all affect eligibility. At LaVine Law Firm, our Austin criminal defense attorney team helps clients determine whether diversion is an option and advocates for alternative sentencing whenever appropriate. Drug courts in Travis County offer another path, and we guide clients through every step of the process.
Clients choose LaVine Law Firm because we combine local knowledge with aggressive advocacy. We know the Travis County district courts that handle drug crimes in Austin. We understand how local prosecutors approach plea bargains and which judges respond to specific defense strategies. This insight gives our clients a real advantage.
Our criminal defense lawyers deliver personalized attention to every case. You work with your attorney, not a paralegal. We keep communication clear throughout, so you always know where your case stands. Our fee structures are transparent, with no surprise costs. Many drug cases resolve before trial through motions, negotiations, or diversion placements. We push for the best possible outcome at every stage, whether that means a dismissal, a charge reduction, or an acquittal. LaVine Law Firm fights to protect your future, your record, and your freedom.
You face arrest, booking, and charge filing by the Travis County District Attorney. Penalties include jail time, fines, and a permanent record. Knowing the first things to do if you get arrested and contacting a drug possession attorney right away can protect your rights.
Yes. Dismissal is possible through evidence suppression, completion of a diversion program, or prosecutorial discretion. Learn more about whether you can get a case dismissed without going to trial.
Yes. Despite local enforcement trends under Texas House Bill 1540, marijuana possession remains illegal under Texas state law. Penalties depend on the amount, and even small amounts can lead to criminal charges.
Intent to distribute is inferred from quantity, packaging materials, scales, or large amounts of cash. Drug trafficking and drug manufacturing charges carry far heavier penalties than simple possession charges under the Texas Penal Code.
Timelines vary. Misdemeanor cases may resolve in weeks to months. Felony drug charges can take six months to over a year, depending on the complexity of the evidence and bail conditions.
Yes. A conviction appears on background checks and can block employment opportunities, housing applications, and professional licensing. Record relief options, such as expunction or nondisclosure, may help limit this impact.
A drug possession charge in Austin can upend your life. The sooner you act, the more options you have. At LaVine Law Firm, our Austin criminal attorney team and felony defense attorneys fight for clients across Travis County and the surrounding Austin-area communities. We handle every type of drug crime, from possession of a controlled substance and drug paraphernalia charges to felony drug charges involving drug manufacturing and controlled substances.
Contact us today for a free, confidential case evaluation. We respond fast, and there is no obligation. Every conversation is protected by strict confidentiality. Our law offices also handle cases involving aggravated assault, domestic violence, sexual assault, sex crimes, online solicitation, solicitation of prostitution, unlawfully carrying a weapon, criminal mischief, reckless driving, terroristic threat, open container, statutory rape, revenge porn, sexual offenses, online prostitution stings, gun rights, child grooming, sex offenders, and more. Contact us today. Your future is worth defending. Let LaVine Law Firm fight for it.
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