What Are The Laws and Penalties for Drug Offenses in Texas?

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If you’re convicted of a drug crime, the penalties can vary, depending on the amount you’re found in possession of, your intent (use or sale), what kind of drug it was, and your criminal history.

Possession of Controlled Substances

The minimum penalties for drug possession are confinement in jail for up to 180 days, a fine of up to $2,000, possible probation, and possible drug treatment.
The maximum penalties for drug possession are prison for life and a fine of up to $250,000.

Delivery or Manufacture of Controlled Substances

The minimum penalties for drug delivery or manufacture are confinement in jail for up to 180 days, a fine of up to $2,000, possible probation, and possible drug treatment.
The maximum penalties for drug delivery or manufacture are life in prison and a fine of up to $250,000.

Possession of Marijuana

The minimum penalties for marijuana possession are confinement in jail for up to 180 days, a fine of up to $2,000, possible probation, and possible drug treatment.
The maximum penalties for marijuana possession are prison for life and a fine of up to $50,000.

Penalty Group 1: Cocaine, heroin, methamphetamine, ketamine,

State jail felony: Less than one gram. Fine: Up to $10,000. Prison sentence: Between 180 days and two years in prison
Felony of the 3rd Degree: Between one and four grams. Fine: Up to $10,000. Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between four and 200 grams. Fine: Up to $10,000. Prison sentence: Between two and twenty years
Felony of the 1st Degree: Between 200 and 400 grams. Fine: Up to $100,000. Prison sentence: Between five and 99 years
Enhanced Felony of the 1st Degree: 400 grams or more. Fine: Up to $100,000. Prison sentence: Between ten and 99 years in prison

Penalty Group 1-A: Lysergic acid and LSD

State jail felony: Fewer than 20 units. Fine: Up to $10,000. Prison sentence: Between 180 days and two years
Felony of the 3rd Degree: Between twenty and eighty units. Fine: Up to $10,000. Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between eighty and 4,000 units. Fine: Up to $10,000. Prison sentence: Between five and twenty years
Felony of the 1st Degree: 4,000 or more units. Fine: Up to $250,000. Prison sentence: Between fifteen and 99 years

Penalty Group 2: Mushrooms and Psilocybin

State jail felony: Less than one gram. Fine: Up to $10,000. Prison sentence: Between 180 days and two years in prison
Felony of the 3rd Degree: Between one and four grams. Fine: Up to $10,000. Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between four and 400 grams. Fine: Up to $10,000. Prison sentence: Between two and twenty years
Felony of the 1st Degree: 400 grams or more. Fine: Up to $100,000. Prison sentence: Between five and 99 years

Penalty Group 3: Anabolic steroids, Xanax, Lorazepam

Class A Misdemeanor: Less than 28 grams. Fine: Up to $4,000. Jail sentence: Up to one year
Felony of the 3rd Degree: Between 28 and 200 grams. Fine: Up to $10,000. Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between 200 and 400 grams. Fine: Up to $10,000. Prison sentence: Between two and twenty years
Felony of the 1st Degree: 400 grams or more. Fine: Up to $50,000. Prison sentence: Between five and 99 years

Penalty Group 4: Compounds with small amounts of codeine or opium

Class B Misdemeanor: Less than 28 grams. Fine: Up to $2,000. Jail sentence: Up to 180 days
Felony of the 3rd Degree: Between 28 and 200 grams. Fine: Up to $10,000. Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between 200 and 400 grams. Fine: Up to $10,000. Prison sentence: Between two and twenty years
Felony of the 1st Degree: 400 grams or more. Fine: Up to $50,000. Prison sentence: Between five and 99 years

Texas Controlled Substances Laws

Texas Controlled Substances Laws