Everything to Know About Fighting Texas Drug Laws


Can Prosecutors Prove Possession?

In order to prove a person unlawfully and intentionally possessed drugs, the government must prove the person:

  1. Knew of the drug’s existence; AND
  2. Exercised control over the drug.

If there is insufficient proof of either, the drug case should be dismissed and our Austin drug lawyers will push for a complete dismissal of the drug charges 

Was the Detention, Search, Seizure, & Arrest Lawful?

Did the officer have probable cause to stop you?

Did the officer have reasonable suspicion to detain you further or should the officer have let you go?

Did the officer have probable cause to search you?

Did the officer have consent to search you?

Did the officer have probable cause to arrest you?

Did the officer obtain a lawful search warrant?

If any of the officer’s actions were unlawful, then any evidence obtained from that unlawful action is inadmissible and the Austin drug lawyers at The Adamo Law Firm will move to suppress the evidence and have the drug charge dismissed.

Drug Field Tests

Any drug lawyer worth their salt will tell you drug field tests are garbage. If an officer used a field test during the stop and arrest the results are meaningless and nothing more than unreliable “junk science.”

Prescription Drugs

In Texas it is illegal to possess prescription drugs without a valid prescription. Additionally it is illegal to possess prescription drugs outside of the prescription bottle. Despite what Texas law says there are still a number of outside-the-box ways to get a prescription drug charge dismissed and the Austin drug lawyers at The Adamo Law Firm have the experience and knowledge to fight a prescription drug charge. 

Defending Your Austin Drug Charge with Mitigation

If the evidence is stacked against you and the State can prove each element of the drug charge, it is still possible to get a favorable result, even a dismissal. The Austin drug lawyers at The Adamo Law Firm are willing to put in the time and effort to present winning mitigation evidence to the prosecutor and have many drug cases dismissed as a result. Such mitigation evidence includes:

  • Prior criminal history;
  • Work and employment history;
  • Family and friend support system;
  • Defendants;
  • No bond violations;
  • Clean drug test results;
  • Community Service;
  • Drug Awareness Class;
  • Drug Treatment (if necessary);
  • and more.


The Adamo Law Firm has been featured nationally for their ability to represent persons accused of drug crimes. While based in Houston and Austin, the firm has fought drug prosecutors across the nation. The Adamo Law Firm has the experience, knowledge, and resources to obtain the best possible result and treat each case as if it were them on trial. The Austin drug lawyers at The Adamo Law Firm have a reputation for finding solutions where other lawyers can’t.


The Texas Health and Safety Code divides Texas Drug Penalties into five groups, plus Marijuana. The punishment range for a drug offense is determined by both the type and the quantity of the drug. The charts below list general drug penalty and punishment ranges but do not take into account potential enhancements (i.e. manufacturing, intent to deliver, school zone, prior convictions, etc.). If you are charged with an Austin drug offense, contact our office to get an exact potential punishment or penalty range. 

Texas Drug Penalty Group 1 (e.g. cocaine, heroin, meth, GHB, oxycodone, hydrocodone):

  • Less than 1 gram: State Jail Felony
  • 1 – 4 grams: 3rd Degree
  • 4 – 200 grams: 2nd Degree
  • 200 – 400 grams: 1st Degree
  • 400+ grams: Enhanced 1st Degree

1st Degree Penalty Group 1-A (LSD):

  • Less than 20 units: State Jail
  • 20 – 80 units: 3rd Degree
  • 80 – 4000 units: 2nd Degree
  • 4000 – 8000 units: 1st Degree
  • 8000+ units: Enhanced 1st Degree

Penalty Group 2 (e.g. ecstasy, PCP, MDA, Molly, hash, THC oil):

  • Less than 1 gram: State Jail 
  • 1 – 4 grams: 3rd Degree 
  • 4 – 400 grams: 2nd Degree Felony
  • 400+ grams: 1st Degree

Penalty Group 3 & 4 (e.g. valium, xanax, ritalin)

  • Less than 28 grams: Class A misdemeanor
  • 28 – 200 grams: 3rd Degree
  • 200 – 400 grams: 2nd Degree
  • 400+ grams: Enhanced 1st Degree


Texas Felony Punishment Ranges

Possession of Marijuana

While the national landscape regarding Marijuana is changing for the better, possessing marijuana in Texas is still illegal. Some District Attorneys have chosen not to prosecute misdemeanor levels of marijuana (i.e. less than 4 oz.), but most Texas counties continue to prosecute felony amounts of marijuana. The punishment ranges for possessing felony amounts of marijuana are as follows:

Possession of Marijuana 4 – 5 pounds = State Jail Felony (up to 2 years in a State Jail prison facility);

Possession of Marijuana 5 – 50 pounds = 3rd Degree Felony (2 – 10 years in prison);

Possession of Marijuana 50 – 2000 pounds = 2nd Degree Felony (2 – 20 years in prison);

Possession of Marijuana 2000+ pounds = 1st Degree Felony (5 – 99 years in prison).

Best Austin drug lawyers