The consequences of drug offenses in Texas can turn your life upside down. At Cowboy Law Group, we know how high the stakes are, and we’re here to stand by your side. Whether you’re facing charges for possession, distribution, or manufacturing, our team is dedicated to protecting your rights and fighting for the best possible outcome.
We provide exceptional criminal defense to clients in The Woodlands, Conroe, the greater Houston area, and the Texas Hill Country. If you’re facing drug charges, contact our drug crimes lawyers in The Woodlands today.
Penalties for Drug Possession in Texas
Texas imposes strict penalties for drug possession, with punishments varying based on the type and quantity of the controlled substance involved.
Judges consider factors such as the presence of minors, prior convictions, and mitigating circumstances when determining sentences for drug offenses in Texas.
Penalty Group 1
Penalty Group 1 includes drugs most likely to cause misuse and addiction. This category includes heroin, cocaine, meth, ketamine, opium, oxycodone, and hydrocodone (over 300 grams).
According to the Texas Health and Safety Code §481.115, penalties for possession of substances in Group 1 can include:
- Less than 1 gram: State jail felony, 6 months to 2 years in state jail, up to $10,000 fine.
- 1-4 grams: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 4-200 grams: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 200-400 grams: 1st-degree felony, 5-99 years in prison, up to $10,000 fine.
- 400+ grams: Enhanced 1st-degree felony, 10-99 years or life, up to $100,000 fine.
Penalty Group 1-A
LSD is the only controlled substance in group 1-A.
- Fewer than 20 units: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine
- 20 or more units, but less than 80 units: Third Degree Felony, 2 to 10 years in prison, up to $10,000 fine.
- 80 units or more, but less than 4,000 units: Second-degree Felony, 2 to 20 years in prison, up to $10,000 fine.
- 4,000 units or more, but less than 8,000 units: First Degree Felony, 5 to 99 years in prison or life, fine up to $100,000
- 8,000 units or more: Enhanced First Degree Felony: 15 to 99 years or life in prison, up to $250,000 fine.
Penalty Group 1B
Group 1B contains fentanyl and its derivatives.
- Less than 1 gram: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine.
- 1-4 grams: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 4-200 grams: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 200-400 grams: 1st-degree felony, 5-99 years or life, up to $10,000 fine.
- 400+ grams: Enhanced 1st-degree felony, 10-99 years or life, up to $100,000 fine.
Penalty Group 2
This group includes controlled substances like ecstasy, amphetamine, and PCP.
- Less than 1 gram: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine.
- 1-4 grams: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 4-400 grams: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 400+ grams: 1st-degree felony, 5-99 years in prison, up to $50,000 fine.
Penalty Group 3
Penalty Group 3 includes anabolic steroids, Valium, Xanax, methylphenidate (Ritalin), and benzodiazepines.
- Less than 28 grams: Class A misdemeanor, up to 1 year in jail, up to $4,000 fine.
- 28-200 grams: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 200-400 grams: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 400+ grams: 1st-degree felony, 5-99 years in prison, up to $50,000 fine.
Penalty Group 4
This category contains prescription medications that contain narcotics and aren’t listed in groups 1 – 3. Examples include morphine and medications that contain opium.
- Less than 28 grams: Class B misdemeanor, up to 180 days in jail, up to $2,000 fine.
- 28-200 grams: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 200-400 grams: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 400+ grams: 1st-degree felony, 5-99 years in prison, up to $50,000 fine.
Penalties for Possession of Marijuana
Texas treats marijuana possession differently than other controlled substances. Marijuana doesn’t fall into the other penalty groups.
- 2 ounces or less: Class B misdemeanor, up to 180 days in jail, up to $2,000 fine.
- 2-4 ounces: Class A misdemeanor, up to 1 year in jail, up to $4,000 fine.
- 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine.
- 5-50 pounds: 3rd-degree felony, 2-10 years in prison, up to $10,000 fine.
- 50-2,000 pounds: 2nd-degree felony, 2-20 years in prison, up to $10,000 fine.
- 2,000+ pounds: 1st-degree felony, 5-99 years in prison, up to $50,000 fine.
Manufacturing or Delivery of Drugs in Texas
Manufacturing or delivery of drugs carries harsher penalties than simple possession. Possession with intent to deliver occurs when a person knowingly or intentionally possesses an illegal drug and intends to deliver or transfer ownership of the drug to another.
Prosecutors may build a case for intent to distribute using evidence such as:
- Large quantities of drugs
- Presence of scales, packaging materials, or large sums of cash
- Multiple types of drugs
- Digital communications about drug sales
- Witness testimony.
Other Consequences of Drug Offenses in Texas
Besides criminal penalties, drug offenses in Texas can have long-lasting effects on an individual’s life.
Loss of Professional Licenses
Individuals convicted of drug offenses may lose professional licenses, affecting careers in fields such as:
- Law
- Medicine
- Education
- Real estate
Employment Difficulties
A drug conviction can make it challenging to:
- Obtain new employment
- Maintain current job positions
- Pass background checks
Educational Impact
- Loss of Financial Aid: Students convicted of drug offenses may become ineligible for federal financial aid, including grants, loans, and work-study programs.
- Academic Penalties: Universities may suspend or expel students, revoke scholarships, or deny admission based on drug convictions.
Housing Issues
A drug conviction can cause:
- Difficulty renting apartments due to background checks
- Potential eviction from public housing
- Ineligibility for certain housing assistance programs
Immigration Consequences
For non-citizens, drug convictions can lead to:
- Deportation
- Inadmissibility to the United States
- Denial of naturalization
Driving Privileges
Depending on the circumstances, some drug offenses can result in:
- Suspension or revocation of driver’s license
- Increased auto insurance rates
- Installation of ignition interlock devices in some cases
Family Impact
- Loss of child custody or visitation rights
- Strained family relationships
- Potential involvement of Child Protective Services
Financial Consequences
- Difficulty obtaining loans or credit
- Asset forfeiture in some drug cases
Contact the Cowboy Law Group Today
Facing a drug charge in Texas is tough, but you don’t have to go through it alone. At Cowboy Law Group, we’re here to listen, guide, and fight for you every step of the way. We offer exceptional criminal defense and juvenile law representation to clients in The Woodlands, Conroe, the greater Houston area, and the Texas Hill Country.
Don’t wait—contact us today for a free case review by calling 832-326-2932 or using our contact form.
