Austin Drug Possession Defense Attorney

marijuana possession attorney

Austin Marijuana & Drug Possession Defense Attorney

Although recreational drug use continues to be widespread throughout society, the opioid crisis has reinvigorated enforcement of all drug laws. In Texas, individuals arrested for relatively minor offenses face the potential of jail time while a conviction for more serious drug crimes can lead to a lengthy prison sentence. If you are accused of a drug offense such as: Manufacture or delivery of a Controlled Substance; Delivery or possession of Marijuana; Delivery of controlled substance or marijuana to child; Possession or delivery of drug paraphernalia; Possession or obtaining a controlled substance by fraud; or, Possession of dangerous drug, it takes a skilled criminal defense attorney to protect your rights and freedom.

I have successfully defended state and federal drug charges since 1995. I am well versed in the law and have a proven track record.

Texas Drug Crimes

Under the Texas Controlled Substances Act, drug crimes include:

  • Possession of controlled substance
  • Manufacture or delivery of a controlled substance
  • Possession of marijuana
  • Delivery of marijuana
  • Possession or delivery of drug paraphernalia
  • Possession or obtaining a controlled substance by fraud
  • Possession of dangerous drug

For the purpose of establishing criminal penalties for violation of Texas Controlled Substances Act, controlled substances are divided into Penalty Groups 1 through 4:

  • Penalty Group I – Powerful and highly addictive controlled substances such as Opiates, Opium, Cocaine, Methamphetamine, GHB and LSD.
  • Penalty Group 2 – Controlled substances with a high potential for abuse such as PCP, MDMA, MDM (Ecstasy or Molly), THC (Tetrahydrocannabinols other than marijuana) Psilocin or Psilocybin (Mushrooms) mescaline and amphetamines.
  • Penalty Group 3 — Prescription drugs such as Xanax, Valium, Ritalin, and methadone steroids.
  • Penalty Group 4 – Compounds, mixtures or preparations containing limited quantities of narcotics and one or more nonnarcotic active medicinal ingredients.

The penalties for the possession, manufacture or delivery depend on several factors including the classification and quantity of the controlled substance, prior convictions, and whether other crimes are involved. In any event, the possession, manufacture or distribution of controlled substances in Penalty Group 1 or Penalty Group 2 is considered a felony. Possession of a controlled substance in Penalty group 3 or 4 is generally prosecuted as a class A misdemeanor. Additionally, it is illegal to possess or deliver drug paraphernalia or dangerous drugs.

Possession of Marijuana

Unlike a number of other states, Texas has not legalized marijuana for medical or recreational purposes. Possession of a user quantity of marijuana (4 ounces or less) is considered a misdemeanor. Possession of more than four ounces, considered a dealer quantity, is prosecuted as a Felony.

Delivery of Marijuana

Delivery of a quarter ounce or less of marijuana is also a misdemeanor. However, Delivery of more than a quarter ounce is considered a felony. This means that the possession, sale or cultivation of marijuana is illegal, and penalties depend on the amount. Moreover, penalties are elevated for delivery to a minor and delivery or possession in a drug free zone.

What is prescription drug fraud?

Under Texas law, an individual can be charged with prescription drug fraud if he or she knowingly:

  • Issues a prescription with a forged or fictitious signature
  • Alters a prescription by changing the quantity of the prescribed drug
  • Uses a forged, fictitious or altered prescription
  • Uses a prescription issued to another person
  • Makes a fraudulent oral or electronic communication to obtain or increase a prescription
  • Delivers a prescription or a prescription form for an invalid medical purpose (applies to medical professionals)
  • Uses a fictitious, revoked, or suspended registration number during the prescribing, distributing or manufacturing of a controlled substance

Penalties range from Class A misdemeanors to a second degree felony depending on a number of factors including the classification and the amount of substances involved in the fraud.

Travis County Drug Charges Attorney

I have successfully defended individuals against all types of drug crimes, including possession of marijuana, delivery of marihuana, possession of controlled substance, manufacture or delivery of controlled substances, possession dangerous drugs, possession of drug paraphernalia and prescription fraud. My decades of experience enables me to create successful defense strategies on a case by case basis.

If the charge was possession of marijuana, for example, I may be able to show that you did not knowingly possess a useable quantity of marihuana. I have successfully argued that my client was illegally detained and searched by the police. By arguing that my client’s rights were violated and the police could not use the contraband as evidence, I have been able to get many cases dismissed.

If you are facing charges for a drug crime, I will be committed to winning an acquittal. Depending on the strength of the evidence against you, however, I may also seek to have the charges reduced or dismissed. In some cases, the law provides for alternative sentencing for those willing to participate in a drug rehabilitation program. Please call me at 979.968.3783 or fill out a contact form to schedule a free case evaluation.

Attorney Phil Baker represents clients throughout the state of Texas with focus on Travis County, Austin, and the following rural counties: Austin, Bastrop, Burleson, Caldwell, Colorado, Gonzales, Lavaca, Lee, and Washington Counties.

Fighting for the Rights of Texans

Since 1995, I have served the people of Texas with integrity, honor, and commitment. I understand that most of you are not familiar with the legal system and under a lot of stress. I am there to lift that burden and protect your rights. I have battled insurance companies and prosecutors for decades and will continue to fight for justice for many more years to come. Please call me at 512-969-1200 and I will be happy to meet with you and evaluate your case.