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Austin Drug Charges Lawyer

Facing drug charges in Austin or Travis County? Most drug cases begin with a traffic stop that was either legal or wasn’t. The Hull Firm evaluates every stop, every search, and every piece of evidence from the first consultation. Former prosecutor on staff. 700+ cases dismissed. Call now — 24/7.

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✓ 700+ Cases Dismissed ✓ Former Prosecutor on Staff ✓ Austin Office — Near Travis County Courts ✓ Available 24/7

Austin Drug Charges Defense — The Fourth Amendment Is Everything

Most Austin drug cases begin with a traffic stop on IH-35, MoPac, US-183, or another major corridor. APD, DPS Troopers, and the Travis County Sheriff’s Office all run active drug enforcement on these routes. The stop has to be legally justified — the officer needs reasonable suspicion of a traffic violation or criminal activity. The search that follows has to stay within its lawful scope. When either step breaks Fourth Amendment standards, a motion to suppress can exclude the evidence and the prosecution’s case collapses. That’s where most Travis County drug dismissals originate, and it’s the first thing we evaluate on every case.

I’ve been a criminal defense lawyer in Austin for over 20 years. Allison Tisdale prosecuted drug cases in Travis County courts as a prosecutor before coming to the defense side. We know how the Travis County DA’s Narcotics division evaluates evidence, what their charging thresholds look like for different penalty groups, and how they respond to a well-prepared suppression motion. That knowledge matters at every stage from the initial consultation through trial.

Texas drug law under Health and Safety Code Chapter 481 is among the strictest in the country. A Penalty Group 1 possession of less than one gram — cocaine, meth, heroin, fentanyl — is a state jail felony. THC concentrate from a vape cartridge is charged as Penalty Group 2, making it a felony regardless of quantity. The charge level and the specific substance determine which court hears the case, the punishment range, and what diversion options are available. The Hull Firm evaluates all of this during the free consultation.

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Drug Charge Defense Practice Areas

Each charge type below carries different penalties, different courts, and different defense strategies. Select your charge for specific penalty information and how we defend it.

Health & Safety Code Ch. 481 Subch. D

Marijuana Possession

Texas has not decriminalized marijuana. Possession of 2 oz or less is a Class B misdemeanor. THC concentrate and vape cartridges are NOT charged as marijuana — they’re Penalty Group 2 felonies. Diversion options, dismissal strategies, and what a conviction permanently costs you.

Class B Misd. → 1st Degree Felony →
Health & Safety Code §481.115–.118

Controlled Substance Possession

PG 1 (cocaine, meth, heroin, fentanyl), PG 2 (MDMA, psilocybin, THC concentrate), PG 3 (Xanax, Ritalin), PG 4. Penalty structure by group and quantity, constructive possession challenges, and how Fourth Amendment suppression works in Travis County courts.

State Jail Felony → 1st Degree Felony →
Health & Safety Code §481.112–.114

Drug Trafficking & Delivery

Possession with intent to deliver, manufacture, and distribution charges. How intent is inferred from quantity and packaging. Enhanced penalties vs. simple possession. State and federal exposure. IH-35 corridor interdiction cases.

State Jail → 1st Degree Felony →
Health & Safety Code §481.125

Drug Paraphernalia

Paraphernalia charges under §481.125 are Class C misdemeanors but routinely added alongside possession charges. How we address both simultaneously, dismissal and diversion options, and why a Class C conviction still creates a permanent criminal record.

Class C Misdemeanor →

Texas Drug Penalty Groups — What the Statute Actually Says

Texas classifies controlled substances into penalty groups under Health and Safety Code Chapter 481. The group determines the charge level. The quantity determines the degree. Here’s the full framework.

Penalty Group 1
Cocaine • Heroin • Methamphetamine • Fentanyl • Oxycodone • Hydrocodone
< 1gState Jail Felony180 days – 2 yrs
1–4g3rd Degree Felony2–10 yrs
4–200g2nd Degree Felony2–20 yrs
200g–400g1st Degree Felony5–99 yrs
400g+Enhanced 1st Degree10–99 yrs
Penalty Group 2
MDMA • Psilocybin • PCP • THC Concentrate • Vape Cartridges • Wax • Edibles
< 1gState Jail Felony180 days – 2 yrs
1–4g3rd Degree Felony2–10 yrs
4–400g2nd Degree Felony2–20 yrs
400g+1st Degree Felony5–99 yrs
⚠ THC vape cartridges & edibles are PG 2, NOT marijuana
Penalty Group 3 & 4
PG 3: Xanax • Ritalin • Valium • Anabolic Steroids
PG 4: Compound preparations containing narcotics
< 28g (PG3)Class A MisdemeanorUp to 1 year
28–200g3rd Degree Felony2–10 yrs
200–400g2nd Degree Felony2–20 yrs
Marijuana (Separate Statute)
Cannabis flower only — NOT THC concentrate or edibles
≤ 2 ozClass B MisdemeanorUp to 180 days
2–4 ozClass A MisdemeanorUp to 1 year
4 oz – 5 lbsState Jail Felony180 days – 2 yrs
5–50 lbs3rd Degree Felony2–10 yrs

How We Defend Drug Charges in Travis County

Every drug defense starts with the same question: was the stop legal and was the search legal? If either breaks the Fourth Amendment standard, a suppression motion can exclude the evidence and the prosecution’s case frequently collapses. Here’s how we work through each layer.

Stop Legality

The officer needed reasonable suspicion of a traffic violation or criminal activity to stop you. We review the police report, dash cam, and body cam footage frame by frame. Vague or pretextual stops that don’t meet the legal standard produce suppression motions under Texas Code of Criminal Procedure Chapter 38.

Search Scope

Consent searches must stay within the scope of the consent given. Probable cause searches must be limited to areas where the contraband could plausibly be found. Searches that exceed their authorization are constitutionally defective and the evidence can be suppressed.

Constructive Possession

The prosecution must prove affirmative links connecting you specifically to the substance — not just proximity. Being in the same car or room as drugs doesn’t establish possession. We identify and challenge every link the prosecution is relying on.

Lab & Chain of Custody

The substance must be chemically tested by an accredited lab following documented procedures. The chain of custody from collection through testing must be unbroken. We challenge lab reports, analyst credentials, and custody documentation on every drug case.

Travis County Drug Diversion Options

Dismissal is the first goal. When diversion is available, it’s often the right path to keeping the record clean. Here’s what Travis County offers and what qualifies.

Travis County Pretrial Diversion

Available for qualifying first-time possession offenses. Complete supervision, treatment, and community service in exchange for dismissal. The Hull Firm evaluates eligibility and manages the application process.

Travis County Drug Court

A treatment-focused alternative to incarceration for qualifying defendants. Structured supervision, drug testing, and treatment programming with the goal of dismissal upon successful completion.

Deferred Adjudication

Available under Texas Code of Criminal Procedure Article 42A for most possession offenses (not delivery). Court defers a finding of guilt during probation. Successfully complete the term and the charge is dismissed.

Expungement After Dismissal

A dismissed drug charge stays on background checks until a Texas court issues a formal expunction order under Chapter 55. The Hull Firm evaluates expungement eligibility on every closed drug case and handles the complete filing.

700+Cases Dismissed
5.0Google Rating (363 Reviews)
20+Years Drug Defense Experience

Austin Drug Charges FAQ

The most searched questions about drug charges in Austin and Travis County — answered with the specific statutes, penalty groups, and court procedures that apply.

Drug possession and delivery charges in Austin are prosecuted at the Travis County Criminal Justice Center at 509 W. 11th Street. State jail felony and third-degree felony drug possession cases go to Travis County District Courts. Class A misdemeanor marijuana possession goes to Travis County Courts at Law. The Travis County DA's Narcotics division handles drug prosecution. The Hull Firm appears in all of these courts regularly from our Austin office at 1004 West Ave.

Texas Health and Safety Code Chapter 481 organizes controlled substances into penalty groups that determine the charge level and punishment range. Penalty Group 1 — cocaine, heroin, methamphetamine, fentanyl, oxycodone — carries the harshest penalties: possession of less than one gram is a state jail felony (180 days to 2 years). PG 1-A covers LSD by dosage unit. Penalty Group 2 — MDMA, psilocybin mushrooms, PCP, THC concentrate — is also felony-level possession. Penalty Group 3 — Xanax, Ritalin, Valium — can be misdemeanor or felony depending on amount. Penalty Group 4 covers certain compound medications. Marijuana is classified separately under Texas Health and Safety Code Chapter 481 Subchapter D.

Yes. The Hull Firm has achieved drug charge dismissals across Travis, Williamson, and Hays County. The most powerful tool in drug defense is the Fourth Amendment suppression motion. Most drug cases begin with a traffic stop. The stop needs a legally sufficient basis — reasonable suspicion of a traffic violation or criminal activity. The search that follows needs to stay within its lawful scope. When either step breaks constitutional standards, a motion to suppress can exclude the evidence and eliminate the prosecution's case. Without the evidence, there is frequently no case.

Constructive possession under Texas law means the prosecution must prove you knew the controlled substance was present and exercised actual care, custody, control, or management over it — not just that the drugs were found near you. Being a passenger in a car where drugs are found does not automatically make you guilty. The prosecution must prove affirmative links connecting you specifically to the substance. These links — fingerprints, your proximity, your access to the location, your statements — are what we challenge. Constructive possession cases are among the most defensible drug cases in Travis County courts.

Simple possession under Texas Health and Safety Code §481.115 means possessing a controlled substance for personal use. Possession with intent to deliver under §481.112 — or manufacturing or delivery — carries significantly enhanced penalties and is triggered when the prosecution alleges you intended to distribute. Intent is typically inferred from quantity, packaging (individual baggies vs. bulk), the presence of scales or cash, text messages, and witness statements. A Penalty Group 1 possession with intent to deliver charge of 4 grams or more is a first-degree felony: 5 to 99 years in prison.

Texas has not decriminalized marijuana statewide. Possession of 2 ounces or less is a Class B misdemeanor: up to 180 days in county jail and a $2,000 fine. 2 to 4 ounces is a Class A misdemeanor: up to one year in county jail and a $4,000 fine. 4 ounces to 5 pounds is a state jail felony. 5 to 50 pounds is a third-degree felony. Larger amounts escalate to second and first-degree felony. THC concentrate and edibles — vape cartridges, wax, gummies — are NOT charged as marijuana but as Penalty Group 2 controlled substances, making a small amount of THC concentrate a felony under Texas law.

No — and this surprises many people. Marijuana flower is charged under the marijuana statute with the lower penalty structure. THC concentrate, wax, vape cartridges, and edibles — including cannabis-infused gummies — are charged as Penalty Group 2 controlled substances under Texas Health and Safety Code §481.116. Possession of less than one gram of THC concentrate is a state jail felony. This means a small vape cartridge carries a higher charge level than possession of multiple ounces of marijuana flower. The Hull Firm defends THC concentrate cases in Travis County courts regularly.

A Fourth Amendment suppression motion under Texas Code of Criminal Procedure Chapter 38 asks the court to exclude evidence obtained through an unconstitutional stop, search, or seizure. For a traffic stop to be legal, the officer needs reasonable suspicion of a traffic violation or criminal activity. For a vehicle search without a warrant, the officer needs voluntary consent, probable cause, or another recognized exception. For a home search, officers generally need a warrant supported by probable cause. The Hull Firm reviews every drug case for stop legality, search scope, warrant validity, and chain of custody from the first consultation.

Yes. Travis County offers several diversion pathways for qualifying first-time drug offenders. The Travis County Pretrial Diversion Program allows defendants charged with certain possession offenses to complete supervision, treatment, and community service in exchange for dismissal. Drug Court — both Travis County Drug Court and other specialty courts — provides treatment-focused alternatives to incarceration. Deferred adjudication under Texas Code of Criminal Procedure Article 42A is available for most possession offenses (not delivery). The Hull Firm evaluates diversion eligibility on every drug case and pursues every available pathway to keep the record clean.

Yes — for qualifying cases. If a drug charge was dismissed, you were acquitted, or you successfully completed deferred adjudication, Texas Chapter 55 expungement may be available. Expungement destroys the arrest record entirely. A dismissed drug charge still shows on background checks until a court issues a formal expunction order. For deferred adjudication completions, a nondisclosure order may be available to seal the record from most public access without full expungement. The Hull Firm evaluates expungement and nondisclosure eligibility on every closed drug case.

Invoke your right to remain silent immediately: say clearly 'I am invoking my right to remain silent and I want an attorney,' then stop talking. Do not consent to any additional searches. Do not attempt to explain the situation or provide context. Write down everything you remember about the stop and search while it's fresh — the sequence of events, what the officer said, whether you consented to anything. Then call The Hull Firm at 512-599-9999. The legality of the stop and the scope of the search are the two most important facts in any drug case, and your recollection of exactly what happened is part of the defense.

Yes. Travis County, Williamson County, and Hays County each have different DA offices, different prosecution postures, and different diversion program access. Williamson County has historically pursued drug cases more aggressively than Travis County with less diversion flexibility. Hays County has its own procedures and court culture. The Hull Firm practices regularly in all three counties. We identify your county on the first call and build the defense strategy around how that specific courthouse operates.

What Our Clients Say

5.0 stars • 363 Google reviews including drug charge clients from Travis, Williamson, and Hays County.

RL
Ronnicka Lopez
★★★★★
Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS
Blake Shires
★★★★★
Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH
Shawn Hallman
★★★★★
Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

Facing Drug Charges in Austin? Call The Hull Firm Now.

The legality of the stop and the scope of the search are the two most important facts in any drug case — and your recollection of exactly what happened is part of the defense. Call our Austin drug defense attorneys at 512-599-9999 while the details are still fresh. We answer 24 hours a day, 7 days a week, and we start evaluating your Fourth Amendment challenge the day you call.

Request Free Consultation 512-599-9999

The information on this page is for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Contact The Hull Firm for a free, confidential consultation specific to your case.

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