Drug crimes are a real problem in Texas. Drug possession charges in the State of Texas should be taken seriously by the alleged offender. The Texas Controlled Substance Act outlines what constitutes simple possession charges under the law–it is illegal to possess, manufacture, or distribute illicit drugs. Anyone who is discovered to intentionally and knowingly possess a controlled substance without a prescription in Texas is guilty of the crime of drug possession.


The illicit drugs listed in the Texas Schedule of Controlled Substances are each classified according to their level of possible harm and separated into different penalty groups.  The sentence for drug possession convictions in Texas can vary, depending on the penalty group as well as whether the charges are for simple drug possession or drug possession with intent to sell.


Drug possession offenses carry stiff penalties in Texas. The charge of drug possession is different than that of possession with intent and can result in different penalties if there is a conviction. Simple drug possession can be prosecuted as a misdemeanor or felony, depending on the details of the case. But drug possession charges with intent to sell are always prosecuted as felonies ranging from state jail felonies to third-, second-, or first-degree felonies. The minimum sentence for drug possession in the Lone Star State is usually a fine of up to $500, sometimes with a community service requirement. The maximum sentence can include prison time plus fines of up to $250,000.


Being arrested and charged with the illegal possession of a controlled substance can turn your life upside down–the consequences can be absolutely life-changing. If you have been charged with drug possession, especially drug possession with intent to distribute or sell, an attorney with experience and success handling drug crime cases should be your first call. Drug possession charges must be proved beyond a reasonable doubt; your lawyer can make a case that disallows the prosecutor to do so. A competent attorney with deep knowledge of Texas drug laws is your best bet when it comes to helping you fight back against the charges against you.

Are you or someone you love facing drug possession charges in Austin, Texas, or the surrounding area? Do you need professional legal representation from a reputable and experienced criminal defense attorney? If so, you can count on board-certified attorney Brian Erskine of Erskine Law for help. As an experienced drug possession attorney, Mr. Erskine will build a strong defense for you, using targeted and aggressive strategies to disprove the claims of a crime. The competent counsel at Erskine Law will advise you about your specific drug possession case, help you navigate the legal system, and fight in court to reach the best possible outcome for you. To schedule a free consultation and learn more about the legal services available from the knowledgeable and skilled team at Erskine Law, contact Law Maverick, Brian Erskine.