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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:
PenaltyChargeJail TimeFine
Class B Misdemeanor≤  2 ozUp to 180 daysUp to $2,000.00
Class A Misdemeanor2 – 4 ozUp to 1 yearUp to $4,000.00
State Jail Felony4 oz – 5 lbs180 days – 2 yearsUp to $10,000.00
3rd Degree Felony5 lbs – 50 lbs2 – 10 yearsUp to $10,000.00
2nd Degree Felony50 lbs – 2,000 lbs2 – 20 yearsUp to $10,000.00
1st Degree Felony2,000 lbs  + 5 – 99 years or lifeUp to $50,000.00
  • Controlled Substance Penalty Group 1:
PenaltyChargeJail TimeFine
State Jail Felony< 1 gram180 days – 2 yearsUp to $10,000.00
3rd Degree Felony1 – 4 grams2 – 10 yearsUp to $10,000.00
2nd Degree Felony4 – 200 grams2 – 20 yearsUp to $10,000.00
1st Degree Felony200 – 400 grams5 – 99 yearsUp to $10,000.00
400 grams +10 – 99 years or lifeUp to $100,000.00

 The following are the ranges of punishment for when a person is charged with a state delivery drug offense: 

  • Marijuana:
PenaltyChargeJail TimeFine
Class B Misdemeanor≤ ¼ ozUp to 180 daysUp to $2,000.00
Class A Misdemeanor≤ ¼  oz (remuneration)Up to 1 yearUp to $4,000.00
State Jail Felony¼ oz – 5 lbs180 days – 2 yearsUp to $10,000.00
2nd Degree Felony5 lbs – 50 lbs2 – 10 yearsUp to $10,000.00
1st Degree Felony50 lbs – 2,000 lbs2 – 20 yearsUp to $10,000.00
2,000 lbs  + 10 – 99 years or lifeUp to $100,000.00
  • Controlled Substance Penalty Group 1:
PenaltyChargeJail TimeFine
State Jail Felony< 1 gram180 days – 2 yearsUp to $10,000.00
2nd Degree Felony1 – 4 grams2 – 20 yearsUp to $10,000.00
1st Degree Felony4 – 200 grams5 – 99 yearsUp to $10,000.00
200 – 400 grams10 – 99 years or lifeUp to $100,000.00
400 grams +15 – 99 years or lifeUp to $250,000.00
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