Texas Drug Laws: Penalties, Punishments and Defenses I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

In Texas, possessing controlled or illegal substances is a criminal offense with serious consequences. Depending on the type of drug involved, penalties can include fines, imprisonment, or both. Texas has four different categories for drug classification, each with its own set of penalties.

In this guide you’ll learn:

• The basics of Texas drug laws;
• The four classifications of drugs in Texas;
• How Texas law categorizes controlled and illegal substances;
• The legal consequences for drug offenses in each category; and
• Available defense options drug charges.

This guide is not a substitute for legal advice and is meant to provide general information about Texas drug laws.

If you or someone you know is facing drug charges, it’s crucial to seek the help of an experienced lawyer. Get reliable and confidential assistance from the Houston drug crime defense lawyers at Jack B. Carroll & Associates.

Don’t wait—contact our office immediately to begin building your defense.

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If you are found guilty of a drug crime in Texas, you could face severe penalties such as:

• Jail time
• Probation
• Hefty fines
• Mandatory drug addiction treatment
• Temporary suspension of driver’s license

The severity of your sentence will depend on:

• The type and quantity of drugs involved
• Evidence indicating “intent to deliver,” such as drug storage, paraphernalia, large sums of cash, or past convictions
• The presence of a minor at the location of the offense

Drug crimes are a serious offense in Texas, as such those found guilty of drug possession, distribution or manufacturing can face severe consequences.

The Four Classifications of Drugs in Texas

In Texas, drugs are classified into the following categories:

• Narcotics: opium, morphine, codeine, hydrocodone (Vicodin, Lorcet, Lortab), oxycodone (Percodan, Percocet), fentanyl, carfentanil, and others derived from the opium poppy.
• Depressants: opiates (heroin), opioids (painkillers), barbiturates, benzodiazepines (Alprazolam/Xanax, Lorazepam/Ativan, Diazepam/Valium, Temazepam/Restoril), chloral hydrate (Somnote), a range of inhalants, and alcohol.
• Stimulants: cocaine, amphetamines (speed), and certain inhalants, among others.
• Hallucinogens: LSD (acid), PCP, marijuana (cannabis), mushrooms (psilocybin), ketamine, peyote, and mescaline, among others.

Each drug classification carries its own penalties.

Penalty Groups for Drug Charges in Texas

In Texas, controlled and illegal substances are divided into Penalty Groups. Each Penalty Group has its own set of penalties and punishments for criminal offenses involving these drugs.

Penalty Group 1

Penalty Group 1 includes highly addictive substances such as cocaine, heroin, methamphetamine, and prescription drugs like oxycodone.

Possession Penalties for Penalty Group 1

• Possession of less than 1 gram: State jail felony.
• Possession of larger amounts: Third-degree to first-degree felonies.

Penalty Group 1-A

Penalty Group 1-A primarily consists of hallucinogenic substances like LSD.

Possession Penalties for Penalty Group 1-A

• Possession of fewer than 20 units: State jail felony.
• Possession of larger quantities: Third-degree, second-degree, or first-degree felonies.

Penalty Group 2

Penalty Group 2 includes substances such as ecstasy, PCP, and certain cannabinoids.

Possession Penalties for Penalty Group 2

• Possession of less than 1 gram: State jail felony.
• Possession of larger amounts: Third-degree, second-degree, or first-degree felonies.

Penalty Group 3

Penalty Group 3 in Texas comprises drugs like anabolic steroids, benzodiazepines (such as Xanax and Valium), and certain prescription medications.

Possession Penalties for Penalty Group 3

The possession penalties for drugs in Penalty Group 3 vary based on the quantity involved. Here is a breakdown of the possession penalties:

• Possession of less than 28 grams: Class A misdemeanor.
• Possession of 28 to less than 200 grams: 3rd-degree felony.
• Possession of 200 to less than 400 grams: 2nd-degree felony.
• Possession of 400 grams or more: 1st-degree felony.

Individuals found with drugs from Penalty Group 3 can face charges ranging from misdemeanor offenses to felony charges, depending on the amount of drugs in their possession.

Penalty Group 4

Penalty Group 4 includes substances such as certain opioids, various chemical compounds, and prescription medications that have the potential for abuse.

Possession Penalties for Penalty Group 4

• The possession penalties for drugs in Penalty Group 4 generally mirror those of Penalty Group 3. The specific penalties depend on the quantity of drugs involved and follow the same guidelines mentioned earlier for Penalty Group 3.

Penalties for Illegal Drug Possession in Texas

When it comes to illegal drug possession in Texas, the state imposes various penalties based on the severity of the offense. The penalties for illegal drug possession can be categorized as follows:

Class C Misdemeanor:

• Fines of up to $500

Class B Misdemeanor:

• Jail sentences of up to 180 days
• Fines of up to $2,000

Class A Misdemeanor:

• Jail sentences ranging from 180 days to 1 year
• Fines of up to $4,000

State Jail Felony:

• Jail confinement of 180 days to 2 years
• Fines of up to $10,000

3rd-Degree Felony:

• Federal prison sentence of 2 to 10 years
• Fines of up to $10,000

2nd-Degree Felony:

• Federal prison sentences of 2 to 20 years
• Fines of up to $10,000

1st-Degree Felony:

• Federal prison confinement of 5 to 99 years
• Fines ranging from $50,000 to $250,000

First-time offenses involving possession of a controlled substance in Texas may or may not result in lenient punishments. It is important to note that in all group classifications of illegal drugs, the court has the authority to increase an individual’s penalty if the possession occurred in drug-free zones. These drug-free zones include areas within 1,000 feet of an elementary or secondary school or a daycare facility.

Factors Influencing Penalties

Apart from the penalty groups, other factors can impact the severity of penalties for illegal drug possession in Texas. These factors include:

• Intent to distribute
• Possession of drug paraphernalia
• Involvement of minors
• Previous convictions

Such circumstances can enhance charges and result in more severe penalties.

Is It Possible for a Drug Possession Charge to be Dropped?

In certain situations, there is a possibility of having drug possession charges dropped, which means that no conviction will be recorded on your criminal record. This scenario typically arises when jurisdictions provide diversion programs specifically designed for individuals caught with small quantities of controlled substances.

These diversion programs usually involve fulfilling certain requirements mandated by the court, such as participating in court-ordered rehabilitation, paying all fines and court costs, and completing any other obligations imposed. Only after successfully meeting these conditions can the charges be dismissed.

However, eligibility for court-ordered rehabilitation and the chance to have charges dropped may vary depending on the circumstances and the jurisdiction in which the case is being tried. It is crucial to consult with your attorney to determine if you qualify for such programs. When facing the potential of jail time, it is always wise to explore every available option in collaboration with your legal defense team.

Have You Been Charged with Drug Crime in Texas?

If you’re facing drug crime charges in Texas and feel trapped in an unfair system, we’re here to help you reclaim your freedom and move forward in life. The dedicated legal team at Jack B. Carroll & Associates will provide you with a strong legal defense, protect your rights, and work to lower or even dismiss the charges.

We’ve helped people just like you get their life back on track, and we’d love to do the same for you.

Don’t let the weight of these accusations hold you back—contact us today either by calling our office at (713) 228-4607 or by filling out a short contact form online to set up your free confidential consultation and let us guide you towards a brighter future.