Question 1

What is POCS in Texas?

Accepted Answer

POCS stands for Possession of Controlled Substance, which is codified in Texas Health and Safety Code Chapter 481. This statute criminalizes knowingly or intentionally possessing a controlled substance unless it was obtained through a valid prescription. Texas classifies controlled substances into Penalty Groups 1-4, with Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl) carrying the most severe penalties. The charge level depends on the drug type and quantity possessed. Even trace amounts can result in felony charges depending on the drug classification.

Question 2

What are the penalties for drug possession in Texas?

Accepted Answer

Drug possession penalties in Texas depend on the penalty group and amount. Penalty Group 1 (cocaine, heroin, meth): less than 1 gram is a state jail felony (180 days to 2 years), 1-4 grams is a third-degree felony (2-10 years), 4-200 grams is a second-degree felony (2-20 years), 200-400 grams is a first-degree felony (5-99 years). Marijuana: under 2 ounces is a Class B misdemeanor (up to 180 days, $2,000 fine), 2-4 ounces is a Class A misdemeanor (up to 1 year, $4,000 fine), 4 ounces to 5 pounds is a state jail felony. All felony POCS charges carry fines up to $10,000. Additional consequences include probation, mandatory drug treatment, driver's license suspension, and a permanent criminal record affecting employment, housing, student loans, and professional licenses.

Question 3

What is the difference between possession and intent to distribute in Texas?

Accepted Answer

Simple possession means having drugs for personal use, while possession with intent to deliver (PWID) involves possessing drugs with the intent to sell, distribute, or deliver them to others. Texas law considers factors like quantity, packaging (multiple baggies, dividing scales), large amounts of cash, drug paraphernalia associated with dealing (scales, baggies, cutting agents), text messages or communications about sales, and location (high drug trafficking area). PWID carries significantly harsher penalties than simple possession—often 2-4 times longer prison sentences. For example, possession of 1 gram of cocaine is a third-degree felony (2-10 years), but delivery of 1 gram is a second-degree felony (2-20 years).

Question 4

Can I be charged with drug possession if the drugs weren't mine?

Accepted Answer

Yes, you can be charged with drug possession in Texas even if the drugs don't belong to you. Texas law recognizes constructive possession, which means having control or access to drugs even if they're not on your person. If drugs are found in your vehicle, home, or in a shared space where you had access, you can be charged. However, prosecutors must prove you knew about the drugs and had control over them. Defenses include: lack of knowledge of the drugs' presence, lack of control over the area where drugs were found, drugs belonged to someone else with evidence to support that claim, or multiple people had equal access to the location. An experienced attorney can challenge constructive possession charges by attacking the prosecution's evidence of knowledge and control.

Question 5

What is a state jail felony drug charge in Texas?

Accepted Answer

A state jail felony is the lowest level of felony in Texas, carrying 180 days to 2 years in state jail and fines up to $10,000. Common drug charges classified as state jail felonies include: possession of less than 1 gram of Penalty Group 1 drugs (cocaine, heroin, meth), possession of less than 28 grams of Penalty Group 3 or 4 drugs, and possession of 4 ounces to 5 pounds of marijuana. Unlike higher-level felonies, state jail felonies are not eligible for regular parole, though defendants may earn good time credit. First-time offenders may be eligible for deferred adjudication, which allows the charge to be dismissed after successful completion of probation. However, a state jail felony conviction still results in a permanent felony record with all associated consequences.

Question 6

What is drug court in Travis County?

Accepted Answer

Travis County Drug Court is an alternative sentencing program for non-violent offenders charged with drug possession offenses. Instead of traditional prosecution and incarceration, participants undergo intensive court-supervised treatment including regular drug testing, counseling, life skills training, job assistance, and frequent court appearances to monitor progress. The program typically lasts 12-18 months. Successful completion can result in charge dismissal or reduced sentencing. Eligibility requirements include: non-violent drug possession charge, no prior violent felonies, demonstrated drug dependency or substance abuse problem, and willingness to participate in treatment. Drug court offers a second chance to avoid a felony conviction and address underlying addiction issues. However, participants who fail to comply with program requirements may be terminated and face original charges.

Question 7

Can drug possession charges be dismissed in Texas?

Accepted Answer

Yes, drug possession charges in Texas can be dismissed through various legal strategies. Common grounds for dismissal include: illegal search and seizure violating Fourth Amendment rights, lack of probable cause for the traffic stop or search, crime lab errors or improper testing procedures, chain of custody problems with the evidence, insufficient evidence that you knew about or controlled the drugs, lack of usable quantity of the controlled substance, successful completion of pretrial diversion programs, or prosecutor's inability to prove the substance was actually a controlled substance. Additionally, Travis County has implemented policies declining to prosecute certain low-level marijuana possession cases. An experienced drug crimes attorney can file motions to suppress evidence, challenge lab results, negotiate with prosecutors, and identify weaknesses in the state's case that may lead to dismissal.

Question 8

What is pretrial diversion for drug possession in Texas?

Accepted Answer

Pretrial diversion, also called pretrial intervention or deferred prosecution, allows first-time drug offenders to avoid prosecution by completing a supervised program. Instead of entering a plea, the case is placed on hold while you complete requirements such as: drug education classes, community service, regular drug testing, counseling or treatment, payment of program fees, and regular check-ins with supervision officer. The program typically lasts 6-12 months. Upon successful completion, charges are dismissed and you avoid a criminal record. Eligibility typically requires: first-time offender status, non-violent drug possession charge (not delivery), no prior felony convictions, and prosecutor approval. Pretrial diversion is one of the best outcomes for a drug possession case, as it results in complete dismissal with no conviction.

Question 9

How does a drug conviction affect my driver's license in Texas?

Accepted Answer

Under Texas Transportation Code § 521.372, a drug conviction results in automatic driver's license suspension for 180 days, even if you weren't driving when arrested. This applies to any drug offense under the Texas Controlled Substances Act, including simple possession. The suspension is mandatory and occurs separately from any criminal penalties. To get an occupational license (allowing driving to work, school, or essential activities), you must petition the court and show that suspension causes undue hardship. After the suspension period, you must pay a reinstatement fee to DPS ($125-$250) to restore your license. For minors under 21, drug convictions carry even longer license suspensions. This is often one of the most disruptive consequences of a drug conviction, affecting employment and daily life.

Question 10

What defenses are available for drug possession charges in Texas?

Accepted Answer

Common defenses to drug possession charges in Texas include: illegal search and seizure (Fourth Amendment violation), lack of knowledge that the drugs were present, lack of possession or control over the drugs (especially in constructive possession cases), drugs belonged to someone else with evidence supporting that claim, insufficient quantity to be usable or identifiable, crime lab errors or improper testing procedures, chain of custody problems that raise reasonable doubt, entrapment by law enforcement, valid prescription or medical authorization for the substance, and planted evidence or false accusations. Additionally, your attorney may challenge whether the substance was actually a controlled substance through independent testing. The most successful defense depends on the specific facts of your case. An experienced drug crimes attorney will thoroughly investigate the circumstances of your arrest and file appropriate motions to suppress evidence or dismiss charges.

Question 11

How much does a drug possession lawyer cost in Austin?

Accepted Answer

Drug possession attorney fees in Austin typically range from $2,500 to $10,000 depending on charge severity and case complexity. Simple state jail felony possession cases may cost $2,500-$5,000 for representation through trial or pretrial diversion negotiation. More serious possession cases involving higher-level felonies often run $5,000-$10,000 or more. Cases requiring extensive motions practice, expert witnesses, or lab testing challenges can exceed $15,000. Many Austin criminal defense attorneys offer free initial consultations and payment plans. The investment in quality legal representation is often far less than the long-term consequences of a conviction, including permanent felony record, loss of employment opportunities, and license suspensions.

Question 12

What should I do if I'm arrested for drug possession in Austin?

Accepted Answer

If arrested for drug possession in Austin: (1) Remain silent and immediately invoke your right to an attorney—do not make any statements about the drugs or how they got there, (2) Do not consent to searches of your vehicle, home, or person, (3) Document everything you remember about the arrest, including where drugs were found, what officers said, and any witnesses present, (4) Do not discuss your case with cellmates, friends, or family—these conversations can be used against you, (5) Hire an experienced Austin drug crimes attorney immediately to protect your rights and explore options like pretrial diversion or drug court, (6) Follow all bond conditions strictly, including any drug testing requirements. Time is critical—your attorney may need to act quickly to preserve evidence, challenge the search, or negotiate enrollment in diversion programs before formal charges are filed.

Austin Drug Possession FAQ: Common Questions About POCS Charges in Texas