Drug Possession Is A Serious Criminal Matter

Possession of a controlled substance — even a small amount — can trigger felony drug charges. In addition to jail or prison time, a conviction for drug possession can have a long-term effect on employment opportunities, college enrollment or financial aid, gun rights and other facets of your life.

At the Law Office of Alejandro Martinez, PLLC, in Austin, we take all drug crimes seriously, including drug possession charges. Criminal defense lawyer Alejandro Martinez is a former prosecutor who can help shield you from the harshest consequences of a drug arrest. We represent anyone facing drug offenses in Travis County and Williamson County.

What Are The Penalties For Drug Possession In Texas?

The penalties depend on the type of drug, the quantity seized and whether you have prior drug convictions. Our attorney can explain the penalties you are facing for your specific circumstances. We have experience with all types of drug possession cases, including:

  • Cocaine
  • Methamphetamine (crystal meth)
  • Heroin
  • Opioids (oxycodone, fentanyl, morphine, etc.)
  • Other prescription drugs (Xanax, Valium, Adderall, etc.)
  • Cannabis (marijuana)

For most street drugs, possession is a state jail felony. Some non-opioid drugs are charged as Class A or Class B misdemeanors but quickly rise to a felony for anything more than a minor amount. In addition to jail or prison, a conviction for drug possession can also result in substantial fines, driver’s license suspension and loss of civil rights.

For nonviolent drug offenses with no prior convictions, you may qualify for first-offender programs such as pretrial diversion or Drug Court.

What Constitutes Possession?

Knowingly or intentionally possessing any scheduled controlled substance. You don’t necessarily have to be caught using drugs or have them on your person to be charged with possession. If drugs are found in your car or your residence during a legal search, you can be charged with possession. Often when a car is pulled over, all occupants are charged with possession if police cannot tie the drugs to one individual. You can be charged with unlawful possession of painkillers and other medications if you do not have a prescription.

What Is The Difference Between Drug Possession And “Possession With Intent”

Primarily, the difference is the amount. Law enforcement assumes that possessing a certain quantity of a drug is an indication that you are selling drugs (possession with intent to distribute). Other evidence such as stacks of cash or scales and baggies may support a charge of possession with intent. Drug trafficking charges are also chiefly based on quantity.

Is Marijuana Possession A Crime In Texas?

Yes. While cannabis has been legalized or decriminalized in many states, it is still a jailable offense in Texas. Possession of 2 ounces or less is a misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000. Possessing more than 4 ounces of marijuana is a felony with possible state jail or prison time, depending on the amount. Marijuana offenses can be eligible for first-time offender programs.

Also see our drug crime Frequently Asked Questions.

Skilled Defense By A Former Prosecutor

When you are facing the possibility of a felony drug conviction, you need every edge you can get. Alejandro Martinez formerly prosecuted drug offenses. He knows how to gauge the strength of the case against you. He knows how to challenge the evidence and whether law enforcement violated your Fourth Amendment rights.

When your freedom and your future are at stake, you need legal counsel with both the skill and the commitment to fight for you. Talk to an experienced drug crime defense lawyer. Call the Law Office of Alejandro Martinez, PLLC, in Austin at 512-523-5927 or reach out by email to arrange a consultation.