Drug Charges
Drug Charges in the State of Texas can be very serious. Possessing illegal drugs is a criminal offense in Texas. While in possession of the illegal drugs, the person may also be charged with manufacturing or
delivering drugs. The range of punishment for illegal drug possession or manufacturing or delivering a controlled substance will depend on the drug type, as well as the aggregate weight of the illegal drugs.
Common drugs listed under penalty group 1 are: cocaine, methamphetamine, heroin, codeine, hydrocodone, and oxycodone.
Possession of marijuana or THC is still illegal in Texas, and a person may be charged with anything from a
misdemeanor offense to a felony offense. The following are the ranges of punishment for illegal drug
possession:
The following are the ranges of punishment for when a person is charged with a state delivery drug offense:
Marijuana:
| Penalty | Charge | Jail Time | Fine |
| Class B Misdemeanor | ≤ 2 oz | Up to 180 days | Up to $2,000.00 |
| Class A Misdemeanor | 2 – 4 oz | Up to 1 year | Up to $4,000.00 |
| State Jail Felony | 4 oz – 5 lbs | 180 days – 2 years | Up to $10,000.00 |
| 3rd Degree Felony | 5 lbs – 50 lbs | 2 – 10 years | Up to $10,000.00 |
| 2nd Degree Felony | 50 lbs – 2,000 lbs | 2 – 20 years | Up to $10,000.00 |
| 1st Degree Felony | 2,000 lbs + | 5 – 99 years or life | Up to $50,000.00 |
Controlled Substance Penalty Group 1
| Penalty | Charge | Jail Time | Fine |
| State Jail Felony | < 1 gram | 180 days – 2 years | Up to $10,000.00 |
| 3rd Degree Felony | 1 – 4 grams | 2 – 10 years | Up to $10,000.00 |
| 2nd Degree Felony | 4 – 200 grams | 2 – 20 years | Up to $10,000.00 |
| 1st Degree Felony | 200 – 400 grams | 5 – 99 years | Up to $10,000.00 |
| 400 grams + | 10 – 99 years or life | Up to $100,000.00 |
The following are the ranges of punishment for when a person is charged with a state delivery drug offense:
Marijuana
| Penalty | Charge | Jail Time | Fine |
| Class B Misdemeanor | ≤ ¼ oz | Up to 180 days | Up to $2,000.00 |
| Class A Misdemeanor | ≤ ¼ oz (remuneration) | Up to 1 year | Up to $4,000.00 |
| State Jail Felony | ¼ oz – 5 lbs | 180 days – 2 years | Up to $10,000.00 |
| 2nd Degree Felony | 5 lbs – 50 lbs | 2 – 10 years | Up to $10,000.00 |
| 1st Degree Felony | 50 lbs – 2,000 lbs | 2 – 20 years | Up to $10,000.00 |
| 2,000 lbs + | 10 – 99 years or life | Up to $100,000.00 |
Controlled Substance Penalty Group 1
| Penalty | Charge | Jail Time | Fine |
| State Jail Felony | < 1 gram | 180 days – 2 years | Up to $10,000.00 |
| 2nd Degree Felony | 1 – 4 grams | 2 – 20 years | Up to $10,000.00 |
| 1st Degree Felony | 4 – 200 grams | 5 – 99 years | Up to $10,000.00 |
| 200 – 400 grams | 10 – 99 years or life | Up to $100,000.00 | |
| 400 grams + | 15 – 99 years or life | Up to $250,000.00 |