What Are The Penalties Associated With Drug Convictions In Texas?


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 there 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 (713) 936-4521 today.

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