Drug Possession

Texas Drug Possession Criminal Penalties

Controlled Substances Drug Groups

1 – Cocaine, heroin, methamphetamine, GHB, ketamine, oxycodone and hydrocodone.

1A – LSD

2 – Ecstasy (MMDA), PCP, mescaline, (resinous extractives of Cannabis that aren’t marihuana, e.g. hashish)

3 – Valium, Xanax and Ritalin.

4 – Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

Drug Possession Criminal Penalties (State of Texas)

The court takes into consideration the drug classification group, as well as the quantity of the drug in your possession at the time of, along with any previous criminal history in making a determination on the extent of sentencing as well whether or not the drug crime is a Felony or Misdemeanor criminal offense.

Special Note: Marijuana Has Separate Criminal Penalties

Penalty Group 1

Weight Classification Penalty
Less than one gram State jail felony 180 days – 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 grams Third-degree felony 2 – 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 200 grams Second-degree felony 2 – 20 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams First-degree felony 5 – 99 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 10 – 99 years and a fine of not more than $100,000

Penalty Group 1A

Amount Classification Penalty
Fewer than 20 units State jail felony 180 days – 2 years in a state jail and/or a fine of not more than $10,000
20 or more units, but less than 80 units Third-degree felony 2 – 10 years in a state prison and/or a fine of not more than $10,000
80 units or more, but less than 4,000 units Second-degree felony 2 – 20 years in a state prison and/or a fine of not more than $10,000
4,000 units or more, but less than 8,000 units First-degree felony 5 – 99 years in a state prison and/or a fine of not more than $10,000
8,000 units or more Enhanced first-degree felony 15 – 99 years in a state prison and a fine of not more than $250,000

Penalty Group 2

Weight Classification Penalty
Less than one gram State jail felony 180 days – 2 years in a state jail and/or a fine of not more than $10,000
More than 1 gram, less than 4 grams Third-degree felony 2 – 10 years in a state prison and/or a fine of not more than $10,000
More than 4 grams, less than 400 grams Second-degree felony 2 – 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 – 99 years and a fine of not more than $50,000

Penalty Groups 3 and 4

Weight Classification Penalty
Less than 28 grams Class A misdemeanor Not more than 1 year in a county jail and/or a fine of not more than $4,000
28 grams or more, but less than 200 grams Third-degree felony 2 – 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams Second-degree felony 2 – 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 – 99 years and a fine of not more than $50,000

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