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, a 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 |