The only penalty common to all drug convictions in Texas is that your driver’s license is suspended for six months until you take a drug offender education course.
As for jail time and fine amounts, check the following tables. There are numerous enhancements that the state can use to enhance punishment above these levels (such as possession in a school zone or delivery to a child), so these tables should be used only as a guideline.
Class B misdemeanor: up to 180 days in the county jail and a $2,000 fine
Class A misdemeanor: up to 1 year in the county jail and a $4,000 fine
State jail felony: 180 days – 2 years in the state jail and up to a $10,000 fine
3rd-degree felony: 2 – 10 years in prison and up to a $10,000 fine
2nd-degree felony: 2 – 20 years in prison and up to a $10,000 fine
1st-degree felony: 5 years – life in prison and up to a $10,000 fine
Possession of Marijuana
| Amount | Charge Level |
| Less than 2 ounces | Class B misdemeanor |
| 2 – 4 ounces | Class A misdemeanor |
| 4 ounces – 5 pounds | State jail felony |
| 5 – 50 pounds | 3rd-degree felony |
| 50 – 2,000 pounds | 2nd-degree felony |
| More than 2,000 pounds | 1st-degree felony and up to a $50,000 fine |
Delivery of Marijuana
| Amount | Charge Level |
| Less than 1/4 ounce and no payment received | Class B misdemeanor |
| Less than 1/4 ounce and payment received | Class A misdemeanor |
| 1/4 ounce – 5 pounds | State jail felony |
| 5 – 50 pounds | 2nd-degree felony |
| 50 – 2,000 pounds | 1st-degree felony |
| More than 2,000 pounds | 10 years – life and up to a $100,000 fine |
Possession of a Controlled Substance – Penalty Group 1
| Amount | Charge Level |
| Less than 1 gram | State jail felony |
| 1 – 4 grams | 3rd-degree felony |
| 4 – 200 grams | 2nd-degree felony |
| 200 – 400 grams | 1st-degree felony |
| More than 400 grams | 10 years – life and up to $100,000 fine |
Manufacture or Delivery of a Controlled Substance – Penalty Group 1
| Amount | Charge Level |
| Less than 1 gram | State jail felony |
| 1 – 4 grams | 2nd-degree felony |
| 4 – 200 grams | 1st-degree felony |
| 200 – 400 grams | 10 years – life and up to a $100,000 fine |
| More than 400 grams | 15 years – life and up to a $250,000 fine |
Possession of a Controlled Substance – Penalty Group 1-A
| Amount | Charge Level |
| Less than 20 abuse units | State jail felony |
| 20 – 80 abuse units | 3rd-degree felony |
| 80 – 4,000 abuse units | 2nd-degree felony |
| 4,000 – 8,000 abuse units | 1st-degree felony |
| More than 8,000 abuse units | 15 years – life and up to a $250,000 fine |
Manufacture or Delivery of a Controlled Substance – Penalty Group 1-A
| Amount | Charge Level |
| Less than 20 abuse units | State jail felony |
| 20 – 80 abuse units | 2nd-degree felony |
| 80 – 4,000 abuse units | 1st-degree felony |
| More than 4,000 abuse units | 15 years – life and up to a $250,000 fine |
Possession of a Controlled Substance – Penalty Group 2
| Amount | Charge Level |
| Less than 1 gram | State jail felony |
| 1 – 4 grams | 3rd-degree felony |
| 4 – 400 grams | 2nd-degree felony |
| More than 400 grams | 1st-degree felony with up to a $50,000 fine |
Possession of a Controlled Substance – Penalty Group 2-A
| Amount | Charge Level |
| Less than 2 ounces | Class B misdemeanor |
| 2 – 4 ounces | Class A misdemeanor |
| 4 ounces – 5 pounds | State jail felony |
| 5 pounds – 50 pounds | 3rd-degree felony |
| 50 pounds – 2,000 pounds | 2nd-degree felony |
| More than 2,000 pounds | 1st-degree felony with up to a $50,000 fine |
Manufacture or Delivery of a Controlled Substance – Penalty Group 2 or 2-A
| Amount | Charge Level |
| Less than 1 gram | State jail felony |
| 1 – 4 grams | 2nd-degree felony |
| 4 – 400 grams | 1st-degree felony |
| More than 400 grams | 10 years – life and up to a $100,000 fine |
Possession of a Controlled Substance – Penalty Group 3
| Amount | Charge Level |
| Less than 28 grams | State jail felony |
| 28 – 200 grams | 3rd-degree felony |
| 200 – 400 grams | 2nd-degree felony |
| More than 400 grams | 1st-degree felony with up to a $50,000 fine |
Possession of a Controlled Substance – Penalty Group 4
| Amount | Charge Level |
| Less than 28 grams | Class B misdemeanor |
| 28 grams – 200 grams | 3rd-degree felony |
| 200 – 400 grams | 2nd-degree felony |
| More than 400 grams | 1st-degree felony with up to a $50,000 fine |
Manufacture or Delivery of a Controlled Substance – Penalty Group 3 or 4
| Amount | Charge Level |
| Less than 28 grams | State jail felony |
| 28 – 200 grams | 2nd-degree felony |
| 200 – 400 grams | 1st-degree felony |
| More than 400 grams | 10 years – life and up to a $100,000 fine |
Possession of a Dangerous Drug
| Amount | Charge Level |
| Any amount | Class A misdemeanor |
Manufacture or Delivery of a Dangerous Drug
| Amount | Charge Level |
| Any amount | State jail felony |
For more information on Penalties For Drug Convictions, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (346) 567-8671 today.