Drug Possession in Texas: Penalties and Ranges
Texas has stringent regulations and severe penalties for many drug-related offenses, most of which involve possessing controlled or illicit substances. The penalties and ranges of each vary quite a bit depending on each individual case, however, as Texas classifies drugs into four different categories. Each category carries its own specific range of penalties, so it’s important to know how severe your offense is, and what sort of consequences you could be facing. By sitting down with a proven criminal defense attorney, you can discuss the specifics of your case, as well as potential defense strategies should it go to trial.
Types of Drug Offenses
In Texas, drug offenses fall into a number of different categories, the most common of which are possession, manufacture or delivery, and possession with intent to distribute. Each of these categories has its own specific penalty ranges. Additionally, various other factors come into play in regard to penalties for drug offenses, including the type of drug, the amount, intent, location, and an individual’s criminal history.
Penalty Groups
Texas’ four main penalty groups (plus a separate category for marijuana) are as follows:
Group 1
- Cocaine
- Heroin
- Methamphetamine
- Codeine
- Hallucinogens
- Hydrocodone
- Ketamine
- Mescaline
- Oxycodone
- Psilocybin or magic mushrooms
Group 1A
- Lysergic acid diethylamide (LSD)
Group 2
- Ecstasy or MDMA
- Hashish
- PCP
- Other cannabinoids created from cannabis or marijuana
Group 3
- Anabolic steroids
- Benzodiazepines
- Methylphenidate or Ritalin
- Valium
- Xanax
- Opioids not listed in Group 1
Group 4
Group 4 substances include any opiates and opioids not listed in groups 1 or 3, as well as a number of chemical compounds and prescription medications that can be abused.
Marijuana
Penalties for possession of marijuana are generally less severe than substance categorized in any of the four main groups, but are still more significant in Texas than many other states.
Possession Penalties
Group 1
- Less than 1 gram: State jail felony (180 days to 2 years in state jail, fine up to $10,000)
- 1 to 4 grams: Third-degree felony (2 to 10 years in prison, fine up to $10,000)
- 4 to 200 grams: Second-degree felony (2 to 10 years in prison, fine up to $10,000)
- 200 to 400 grams: First-degree felony (5 to 99 years in prison, fine up to $10,000)
- 400 grams or more: Enhanced first-degree felony (10 to 99 years or life in prison, fine up to $100,000)
Group 1A
- Less than 20 units: State jail felony
- 20 to 80 units: Third-degree felony
- 80 to 4,000 units: Second-degree felony
- 4,000 to 8,000 units: First-degree felony
- 8,000 units or more: Enhanced first-degree felony
Group 2
- Less than 1 gram: State jail felony
- 1 to 4 grams: Third-degree felony
- 4 to 400 grams: Second-degree felony
- 400 grams or more: Enhanced first-degree felony
Group 3
- Less than 28 grams: Class A misdemeanor (up to 1 year in county jail, fine up to $4,000)
- 28 to 200 grams: Third-degree felony
- 200 to 400 grams: Second-degree felony
- 400 grams or more: First-degree felony
Group 4
Possession of any Group 4 substance carries the same penalty ranges as possession of a group 4 substance.
Marijuana
- Possession of 2 ounces or less: Class B misdemeanor (up to 180 days in jail, fine up to $2,000)
- Possession of 2 to 4 ounces: Class A misdemeanor
- Possession of 4 ounces to 5 pounds: State jail felony
- Possession of 5 to 50 pounds: Third-degree felony
- Possession of 50 to 2,000 pounds: Second-degree felony
- Possession of more than 2,000 pounds: Enhanced first-degree felony
