In Texas, drug possession charges vary based upon multiple factors, including the type of drug (cocaine, marijuana, meth, etc.) and the act (possession, trafficking, manufacturing, etc.), quantity, and other factors. The penalties you’ll face if you are arrested on drug charges vary from nothing to heavy fines and imprisonment—not to mention other penalties.
Texas Drug Penalty Groups
The Texas Controlled Substances Act that’s part of the Texas Health and Safety Code regulates controlled substances in the state of Texas and sorts them into six categories or penalty groups. For this blog, we’ve only included the punishments for possession, so note that these penalties escalate if you are also caught manufacturing or you intend to distribute drugs.
The penalty groups, ranked in order of punishment severity, are as follows:
Drug Penalty Group 1
The drugs in Penalty Group 1 include:
- Opioids such as codeine, hydrocodone, oxycodone
- Opium derivatives and opioids
- Methamphetamine
- Ketamine
- Mescaline
- Hallucinogens
The state of Texas regulates these drugs with the greatest intensity, and illegally possessing any of them always results in a felony charge. The punishments include:
Less than 1 gram:
- State jail felony
- State jail sentence from 180 days to 2 years
- Up to a $10,000 fine
1–4 grams:
- 3rd-degree felony
- State prison sentence from 2 to 20 years
- Up to a $10,000 fine
4–200 grams:
- 2nd-degree felony
- State prison sentence from 2 to 20 years
- Up to a $10,000 fine
200–400 grams:
- 1st-degree felony
- State prison sentence from 5 to 99 years
- Up to a $10,000 fine
More than 400 grams:
- Enhanced felony 1
- State prison sentence from 10 to 99 years
- Up to a $100,000 fine
Drug Penalty Group 1-A
This group focuses only on the hallucinogenic drug LSD and its derivatives, which include salts, isomers, and salts of isomers. Unlike other drugs, LSD is measured by units, not weight, since these drugs are administered via LSD-soaked square pieces of paper. Possession of any drug in this group is a felony.
The punishments for possession of LSD-related drugs in Penalty Group 1-A are always charged as a felony if you are convicted and include:
Less than 20 units:
- State jail felony
- State jail sentence from 180 days to 2 years
- Up to a $10,000 fine
20–80 units:
- 3rd-degree felony
- State prison sentence from 2 to 10 years
- Up to a $10,000 fine
80–4,000 units:
- 2nd-degree felony
- State prison sentence from 2 to 20 years
- Up to a $10,000 fine
4,000–8,000 units:
- 1st-degree felony
- State prison sentence from 5 to 99 years
- Up to a $10,000 fine
More than 8,000 units:
- Enhanced Felony 1
- State prison sentence from 15 to 99 years
- Up to a $250,000 fine
Drug Penalty Group 2
Possession of any drug in this hallucinogenic drug penalty group is always a felony. These drugs include:
- Ecstasy
- PCP
- Peyote
The punishments if you are convicted include:
Less than 1 gram:
- State jail felony
- Jail sentence from 180 days to 2 years
- Up to a $10,000 fine
1–4 grams:
- 3rd-degree felony
- State prison sentence from 2 to 20 years
- Up to a $10,000 fine
4–400 grams:
- 2nd-degree felony
- State prison sentence from 2 to 20 years
- Up to a $10,000 fine
More than 400 grams:
- 1st-degree felony
- State prison sentence from 5 to 99 years
- Up to a $50,000 fine
Drug Penalty Group 2-A
The drugs in this group are artificial chemical compounds that are essentially fake cannabinoids.
These drugs include:
- K2
- Spice
The punishments if you are convicted include:
Less than 2 ounces:
- Class B misdemeanor
- County jail sentence of up to 180 days
- Up to a $2,000 fine
2–4 ounces:
- Class A misdemeanor
- County jail sentence of up to 1 year
- Up to a $4,000 fine
2–4 ounces to 5 pounds:
- State jail felony
- State jail sentence from 180 days to 2 years
- Up to a $10,000 fine
5–50 pounds:
- 3rd-degree felony
- State prison sentence from 2–10 years
- Up to a $10,000 fine
50–2,000 pounds:
- 2nd-degree felony
- State prison sentence of 2–20 years
- Up to a $10,000 fine
Over 2,000 pounds:
- 1st-degree felony
- State prison sentence of 5–99 years
- Up to a $50,000 fine
Drug Penalty Group 3
These drugs include all of the opiates and opioids that are not listed in Drug Penalty Group 1. They include:
- Benzodiazepines
- Sedatives (Valium)
- Anabolic steroids
- Methylphenidate (Ritalin)
- Prescription stimulant or depressant drugs that have potential for abuse
The penalties if you are convicted of possession are:
Less than 28 grams:
- Class A misdemeanor
- County jail sentence of up to 1 year
- Up to a $4,000 fine
28–200 grams:
- 3rd-degree felony
- State prison sentence of 2–10 years
- Up to a $10,000 fine
200–400 grams:
- 2nd-degree felony
- State prison sentence of 2–20 years
- Up to a $10,000 fine
More than 400 grams:
- 1st-degree felony
- State prison sentence of 5–99 years
- Up to a $50,000 fine
Drug Penalty Group 4
These drugs include opiates and opioids that are not listed in the Drug Penalty Group 1 as well as various prescription medications and other chemical compounds that can be potentially abused. Here are the penalties for possessing drugs in this group:
Less than 28 grams:
- Class B misdemeanor
- County jail sentence of up to 180 days
- Up to a $2,000 fine
28–200 grams:
- 3rd-degree felony
- State prison sentence of 2–10 years
- Up to a $10,000 fine
200–400 grams:
- 2nd-degree felony
- State prison sentence of 2–20 years
- Up to a $10,000 fine
More than 400 grams:
- 1st-degree felony
- State prison sentence of 5–99 years
- Up to a $50,000 fine
Marijuana
Marijuana (or marihuana, weed, or cannabis) is still illegal in all forms in Texas. The substance got its own category since many neighboring states have legalized it for both recreational and medical uses. Here are the punishments for possessing marijuana.
Less than 2 ounces:
- Class B misdemeanor
- County jail sentence of up to 180 days
- Up to a $2,000 fine
2–4 ounces:
- Class A misdemeanor
- County jail sentence of up to 1 year
- Up to a $4,000 fine
5 ounces to 5 pounds:
- State jail felony
- State jail sentence of up to 2 years
- Up to a $10,000 fine
5–50 pounds:
- 3rd-degree felony
- State prison sentence of 2–10 years
- Up to a $10,000 fine
50–2,000 pounds:
- 2nd-degree felony
- State prison sentence of 2–20 years
- Up to a $10,000 fine
More than 2,000 pounds:
- 1st-degree felony
- State prison sentence of 5–99 years
- Up to a $10,000 fine
Recommended Read: What You Need to Know About Marijuana and Hemp Laws in Texas
If you are arrested for possession of any controlled substance, protect your rights today by contacting Attorney J.L. Carpenter. As an experienced and qualified criminal defense attorney, she builds a strong defense for her clients. In addition to drug offenses, she also defends those accused of DWI and DUI, domestic violence, and other charges. She represents clients across the Greater Houston area, including Clear Lake, Friendswood, Galveston, and Katy, among other cities.