Texas Drug Possession Charges & Sentencing

Texas is known to be tough on drug crimes. The lone star state has some of the most severe penalties in the US for drug-related offenses.

This page will go over the penalties for common drug offenses in Texas.

Categories of Controlled Substances

In the United States, the Drug Enforcement Administration (DEA) schedules drugs with the potential to be diverted, abused, or cause addiction into five categories of controlled substances.

• Schedule I are deemed to have no FDA-approved medicinal value are considered illegal and classified as Schedule I controlled substances. These include heroin, marijuana, ecstasy, LSD (lysergic acid diethylamide), methaqualone, and peyote.
• Schedule II drugs include drugs with high abuse and addictive potential that may also have some medicinal value, including methadone, hydromorphone, fentanyl, oxycodone, codeine, hydrocodone, methylphenidate, amphetamines, methamphetamine, and cocaine.
• Drugs with lower abuse and addictive potential and high medicinal value are placed in the lower drug scheduling classifications.

Each state has its own regulations and laws governing the possession, manufacturing, and distribution of these federally controlled substances within its own borders. Texas is known to be tough on crime and drugs, and it has some of the stiffest penalties in the US for drug-related offenses.

Texas Drug Penalties

Depending on the circumstances involved, a charge for possession of a controlled substance could be as minor as a misdemeanor or as serious as a felony. The main determining factors are the type of drug, the corresponding penalty group, and the amount in possession at the time of the arrest.

Penalties for drug possession (or distribution) in “drug-free” zones, like those around schools, are also stiffer than in other locations; punishments are typically doubled.

Texas classifies drugs into 4 different categories that each carry specific penalties.

Texas Penalty Group 1:

Penalty Group 1 includes drugs most likely to cause misuse and addiction that are not for medical use. These drugs include:

• Cocaine.
• Methamphetamine.
• Ketamine.
• Heroin.
• Oxycodone.
• Hydrocodone (over 300 grams).
• PCP (phencyclidine).
• GHB (gamma hydroxybutyrate).
• Flunitrazepam (Rohypnol).
• Fentanyl.
• Methadone.
• Many other opiate and opioid derivatives.

Penalty Groups 1A, 2, 2A, 3, and 4 include controlled substances and compounds that decrease their probability of abuse. Controlled substances in the lower classes also have an increased recognition for medicinal purposes.

Texas Penalty Group 1A:

Penalty group 1A includes LSD and compounds derived from 2,5-dimethoxyphenethylamine (2C-H).

Texas Penalty Group 1B:

Penalty group 1B contains fentanyl and any derivative of fentanyl.

Texas Penalty Group 2:

Penalty Group 2 includes:

• Ecstasy.
• Mescaline.
• Dronabinol (Marinol).
• Amphetamines.
• Synthetic cannabinoids.
• Alpha-PVP and other cathinone (bath salts).
• Methylphenidate (Ritalin).
• Salvia divinorum.
• Peyote.*
• Pentobarbital
• Hydrocodone (less than 300 grams).

*Registered and qualified members of the Native American Church with at least 25 percent Native American blood are exempt from penalties concerning peyote if the substance is used in religious ceremonies for religious purposes.

Texas Penalty Group 3:

Penalty Group 3 includes:

• Anabolic steroids.
• Xanax.
• Lorazepam.
• Diazepam (Valium).

Texas Penalty Group 4:

Penalty Group 4 includes:

• Drugs with limited amounts of narcotics that also contain non-narcotic medicines, such as those containing less than 200 milliliters of codeine per 100 milliliters.
• Drugs containing small amounts of opium.

Some of these drugs are illegal substances while others are prescription medications; however, any possession or delivery of a controlled substance without a legitimate prescription incurs penalties.

Levels of penalties and sentencing vary from jail time to fines (or both) and are broken down below.

Punishment for Drug Possession:

The extent of the punishment for possessing a controlled substance in Texas depends on the penalty group in which the substance belongs.

Texas Punishment for Penalty Group 1 or 1B

The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 1 or 1-B are outlined below:

• Less than 1 gram: State jail felony
• 1 gram or more but less than 4 grams: 3rd-degree felony
• 4 grams or more but less than 200 grams: 2nd-degree felony
• 200 grams or more but less than 400 grams: 1st-degree felony
• 400 grams or more: Life imprisonment or imprisonment for 10-99 years and a fine of up to $100,000

Texas Punishment for Penalty Group 1A

The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 1A are outlined below:

• Number of abuse units is less than 20: State jail felony
• Abuse units more than 20 and less than 80: 3rd-degree felony
• Abuse units more than 80 and less than 4,000: 2nd-degree felony
• Abuse units more than 4,000 and less than 8,000: 1st-degree felony
• Abuse units more than 8,000: life or 15-99 years imprisonment and a fine of up to $250,000

Texas Punishment for Penalty Group 2

The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 2 are outlined below:

• Less than 1 gram: State jail felony
• 1 gram or more and less than four grams: 3rd-degree felony
• 4 grams or more but less than 200 grams: 2nd-degree felony
• 200 grams or more but less than 400 grams: 1st-degree felony
• 400 grams or more: Life or 10-99 years imprisonment and a fine of up to $100,000

Texas Punishment for Penalty Group 3

The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 3 are outlined below:

• Less than 28 grams: Class A misdemeanor
• 28 grams or more but less than 200 grams: 3rd-degree felony
• 200 grams or more but less than 400 grams: 2nd-degree felony
• More than 400 grams: Life or 5-99 years imprisonment and a fine of up to $50,000

Texas Punishment for Penalty Group 4

The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 4 are outlined below:

• Less than 28 grams: Class B misdemeanor
• 28 grams or more but less than 200 grams: 3rd-degree felony
• 200 grams or more but less than 400 grams: 2nd-degree felony
• 400 grams or more: Life or 5-99 years imprisonment and a fine of up to $50,000

Marijuana Possession Punishment in Texas

Marijuana is classified separately in the state of Texas and carries the following penalties for possession:

• Under 2 ounces: Class B misdemeanor punishable by up to 180 days in county jail and/or a fine of up to $2,000
• 2-4 ounces: Class A misdemeanor
• 4 ounces to 5 pounds: State jail felony
• 5-50 pounds: 3rd-degree felony
• 50-2,000 pounds: 2nd-degree felony
• 2,000 pounds or more: Life or 5-99 years imprisonment and a fine of up to $50,000

Penalties for Manufacturing/Delivering Drugs

Manufacturing or delivering controlled substances is penalized differently than possession of these drugs. However, they are still separated by the same penalty groupings outlined previously.

Penalty Group 1 Punishment

The penalties listed below apply to anyone that “manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1:”

• 1 gram or less: State jail felony.
• 1 gram or more but less than 4 grams: 2nd-degree felony
• 4 grams or more but less than 200 grams: 1st-degree felony
• 200 grams or more but less than 400 grams: Life or 10-99 years imprisonment and a fine of up to $100,000
• 400 grams or more: Life or 10-99 years imprisonment and a fine of up to $200,000

Penalty Group 1A Punishment

The penalties listed below apply to anyone that “manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1A:”

• Number of abuse units is fewer than 20: State jail felony
• 20 or more abuse units but fewer than 80: 2nd-degree felony
• 80 or more abuse units but fewer than 4,000: 1st-degree felony
• 4,000 or more abuse units: Life or 15-99 years imprisonment and a fine of up to $250,000

Penalty Group 1B Punishment

The penalties listed below apply to anyone who “manufactures, delivers, or possesses with intent to deliver” fentanyl or its derivatives:

• Less than 1 gram: State jail felony
• 1 gram or more and less than 4 grams: 2nd-degree felony
• 4 grams or more and less than 200 grams: Life or 10-99 years imprisonment and a fine of up to $20,000
• 200 grams or more but less than 400 grams: Life or 15-99 years imprisonment and a fine of up to $200,000
• 400 grams or more: Life or 20-99 years imprisonment and a fine of up to $500,000

Penalty Group 2 Punishment

The penalties listed below apply to anyone that “manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2:”

• Less than 1 gram: State jail felony
• 1 gram or more but less than 4 grams: 2nd-degree felony
• 4 grams or more but less than 400 grams: 1st-degree felony
• 400 grams or more: Life or 10-99 years imprisonment and a fine of up to $100,000

Penalty Group 3 or 4 Punishment

The penalties listed below apply to anyone that “manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4:”

• Less than 28 grams: State jail felony
• 28 grams or more but less than 200 grams: 2nd-degree felony
• 200 grams or more but less than 400 grams: 1st-degree felony
• 400 grams or more: Life or 10-99 years imprisonment and a fine of up to $100,000

Delivery of Marijuana Punishment

The penalties listed below apply to anyone that “knowingly or intentionally delivers marijuana:”

• ¼ ounce or less: Class B misdemeanor if the person gets remuneration for the marijuana or Class A if they do not get remuneration
• More than ¼ ounce but less than 5 pounds: State jail felony
• 5 pounds or more but less than 50 pounds: 2nd-degree felony
• 50 pounds or more but less than 2,000 pounds: 1st-degree felony
• 2,000 pounds or more: Life or 10-99 imprisonment and up to a $100,000 fine

Other Texas Drug Offenses and Their Penalties

Being caught with drugs and drug paraphernalia (like a bong or crack pipe) or manufacturing or cultivating items (e.g., components for making meth or planting and harvesting marijuana) increases penalties.

Driving while under the influence of drugs is a Class B misdemeanor in Texas for the first offense, punishable by a 72-hour confinement. If someone has a prior conviction for driving while intoxicated, this penalty is increased to a Class A misdemeanor and carries a sentence of at least 30 days in lockup. A second offense is considered a 3rd-degree felony.

Diversion and Drug Courts

Texas spends more money on prisons and jails than any other state in the US, the Texas Tribune publishes, and many of those incarcerated are there for nonviolent offenses, such as drug possession. The Times Record News reports that Texas spends around $700 million annually on cases involving low-level marijuana possession, for example.

• Prison or jail may not be the answer for someone struggling with drug abuse or addiction issues. Instead, addiction treatment programs are generally considered an optimal option.
• In 2001, the state of Texas passed H.B. 1287, mandating that its counties (with populations over 55,000) work to establish drug courts as a method of diverting nonviolent offenders into treatment programs instead of prisons, as published by the Texas Department of Criminal Justice.
• Individuals then have the opportunity to get help for drug-related offenses and issues instead of facing jail time. Close monitoring by a judicial authority and a community supervision officer, regular drug tests, and participation in frequent treatment sessions are typically part of a diversion program. These programs generally last between a year and 18 months.
• In 2012, Texas Monthly reported that there were over 3,500 people in Texas state jails for drug offenses involving less than one gram of a controlled substance.
• Legislation is in the pipeline to drop some of these low-level possession offenses, especially those involving marijuana, which is legal in many neighboring states (at least for medicinal purposes), to something more along the lines of a parking ticket. Diversion programs, small fines,  community service, and drug education classes are proposed instead of the current harsh penalties of jail time and high fines for small amounts of marijuana possession, NBC DFW reports.

Texas Drug Laws

Texas is known for being tough on crime. Its prison system is meant to act as a deterrent, and generally, it is not there to rehabilitate inmates. Penalties for drug-related crimes are some of the harshest in the entire nation with the concept that if the punishment is strict, people will not do the crime for fear of the consequences.

• Unfortunately, this logic does not hold true, as Texas prisons are exploding. The Dallas News reports that in 2016 one of the nation’s largest prison systems, the Texas Department of Criminal Justice, housed nearly 150,000 inmates.
• In many other states, drug laws are not quite as harsh, and people may not be sent to prison for nonviolent offenses concerning drug possession. For instance, in Florida, possession of up to 20 grams of marijuana is a misdemeanor while in Texas being caught with four ounces is enough to be charged with a felony and to serve time in a state jail.
• The state of New York saved more than $250 million on drug-related incarceration costs when 18,000 drug offenders were diverted through Drug Courts in a three-year period. In addition, crime rates are falling at rapid rates there, the National Association of Drug Court Professionals (NADCP) reports.
• New York has had Drug Courts in place for over 20 years. Instead of harsh punishments, New Yorkers who are suffering from drug-related addiction issues are getting the help they need. NADCP further reports that three-quarters of graduates of Drug Courts remain arrest-free for at least two years, and Drug Courts reduce crime by almost 50 percent when compared to other sentencing options.
• On a local level, many law enforcement agencies around Texas already impose less severe penalties for low-level drug possession offenses. Reform is currently in progress to address harsh drug penalties at a legislative level.

Learn More About Addiction Treatment

If you are struggling with addiction and looking for rehab in Texas, Greenhouse Treatment Center can help kickstart your recovery. Our Grand Prairie inpatient rehab and Arlington outpatient center utilizes evidence-based methods that can help you get sober and remain in recovery.

Levels of care offered at Greenhouse include:

• Medical Detox 
• Inpatient Rehab
• Partial hospitalization program (PHP).
• Intensive outpatient treatment.
• Standard outpatient treatment.
• Sober living.

Call to start treatment today or talk to a compassionate admissions navigator about what to expect in treatment and ways to pay for rehab.

Addiction treatment offered at Greenhouse is covered by many insurance plans. You can verify your insurance coverage using the confidential .