The possession or sale of illegal substances is a heavy offense in the State of Texas. On a case-by-case basis, state drug crimes are often very tricky to sentence and can end with serious jail time and fines.
Which Drugs Are Considered Illegal in Texas?
Illegal substances are organized into five schedules, determining their potential for abuse and medical usage. Schedule one is the most heavily regulated group; these are highly addictive drugs with no capable medical usage. Whereas, schedule five substances are lightly regulated and show capabilities of medical usage. These lists are intended as general references and are not comprehensive listings of all controlled substances.
- Schedule one:
- Marijuana
- Heroin
- Ecstasy
- Mushrooms
- LSD
- Peyote
- Schedule two:
- Cocaine
- Ritalin
- Opium
- Methadone
- Morphine
- Pure Codeine
- Pure Hydrocodone
- Oxycontin
- Percocet
- Percodan
- Methamphetamine
- PCP
- Some Barbiturates
- Schedule three:
- Ketamine
- Codeine
- Vicodin
- Lortab
- Lorcet
- Anabolic Steroids
- Marinol
- Schedule four:
- Xanax
- Valium
- Darvon
- Darvocet
- Schedule five:
- Cough suppressants with codeine
- Anti-diarrheal treatments
Penalty Groups
Texas law organizes illegal substances into penalty groups in order to define consequences based on the perceived severity of such substances. From most severe group one, to least severe group four, consequences are determined based on amount for possession and sale.
PENALTY GROUP ONE: Cocaine, Heroin, Ketamine, Oxycodone, Hydrocodone, and Methamphetamine
| Weight | Classification for cultivation or sale | Classification for possession | Fines for cultivation or sale | Fines for possession | Jail time for cultivation or sale | Jail time for possession |
| < 1g | State Jail Felony | State Jail Felony | Up to $10,000 | Up to $10,000 | 180 days – 2 years | 180 days- 2 years |
| 1-4g | 2nd Degree Felony | 3rd Degree Felony | Up to $10,000 | Up to $10,000 | 2- 20 years | 2-10 years |
| 4-200g | 1st Degree Felony | 2nd Degree Felony | Up to $10,000 | Up to $10,000 | 10-99 years | 2- 20 years |
| 200-400g | Enhanced 1st Degree Felony | 1st Degree Felony | Up to $100,000 | Up to $10,000 | 15-99 years | 5-99 years |
| >400g | Enhanced Felony 1 | Enhanced Felony 1 | Up to $250,000 | Up to $100,000 | 15-99 years | 10-99 years |
PENALTY GROUP ONE-A: LSD
| Amount | Classification for cultivation or sale | Classification for possession | Fines for cultivation or sale | Fines for possession | Jail time for cultivation or sale | Jail time for possession |
| <20 Units | State Jail Felony | State Jail Felony | Up to $10,000 | Up to $10,000 | 180 days-2 years | 180 days-2 years |
| 20-80 units | 2nd Degree Felony | 3rd Degree Felony | Up to $10,000 | Up to $10,000 | 2-20 years | 2-10 years |
| 80-4000 units | 1st Degree Felony | 2nd Degree Felony | Up to $10,000 | Up to $10,000 | 5-99 years | 2-20 years |
| 4000-8000
units |
Enhanced Felony 1 | 1st Degree Felony | Up to $100,000 | Up to $10,000 | 10-99 years | 5-99 years |
| >8000 units | Enhanced Felony 1 | Enhanced Felony 1 | Up to $250,000 | Up to $250,000 | 15-99 years | 15-99 years |
PENALTY GROUP TWO: Ecstasy, PCP, Marinol, Mescaline
| Weight | Classification for cultivation or sale | Classification for possession | Fines for cultivation or sale | Fines for possession | Jail time for cultivation or sale | Jail time for possession |
| < 1g | State Jail Felony | State Jail Felony | Up to $10,000 | Up to $10,000 | 180 days- 2 years | 180 days- 2 years |
| 1-4g | 2nd Degree Felony | 3rd Degree Felony | Up to $10,000 | Up to $10,000 | 2-20 years | 2-10 years |
| 4-400g | 1st Degree Felony | 2nd Degree Felony | Up to $10,000 | Up to $10,000 | 5-99 years | 2-20 years |
| >400g | Enhanced Felony 1 | 1st Degree Felony | Up to $100,000 | Up to $50,000 | 10-99 years | 5-99 years |
PENALTY GROUP 2-A: compounds mimicking Cannabinoids
| Weight | Classification for cultivation or sale | Jail time for cultivation or sale | Fines for cultivation or sale | Weight | Classification for possession | Fines for possession | Jail time for possession |
| < 1g | State Jail Felony | 180 days- 2 years | Up to $10,000 | <2 oz. | Class B Misdemeanor | Up to 180 days | Up to $2,000 |
| 1-4g | 2nd Degree Felony | 2-20 years | Up to $10,000 | 2-4 oz. | Class A Misdemeanor | Up to 1 year | Up to $4,000 |
| 4-400g | 1st Degree Felony | 5-99 years | Up to $10,000 | 4 oz.-5 lbs. | State Jail Felony | 180 days- 2 years | Up to $10,00 |
| >400g | Enhanced Felony 1 | 10-99 years | Up to $100,000 | 5-50 lbs. | 3rd Degree Felony | 2-10 years | Up to $10,00 |
| 50- 2000 lbs. | 2nd Degree Felony | 2-20 years | Up to $10,000 | ||||
| >2,000 lbs. | 1st Degree Felony | 5-99 years | Up to $50,000 |
PENALTY GROUP THREE: Morphine, Motofen, Buprenorphine, and Pyrovalerone
| Weight | Classification for cultivation or sale | Classification for possession | Fines for cultivation or sale | Fines for possession | Jail time for cultivation or sale | Jail time for possession |
| < 28g | State Jail Felony | Class A Misdemeanor | Up to $10,000 | Up to $4,000 | 180 days-2 years | Up to one year |
| 28-200g | 2nd Degree Felony | 3rd Degree Felony | Up to $10,000 | Up to $10,000 | 2-20 years | 2-10 years |
| 200-400g | 1st Degree Felony | 2nd Degree Felony | Up to $10,000 | Up to $10,000 | 5-99 years | 2-20 years |
| >400g | Enhanced Felony 1 | 1st Degree Felony | Up to $100,000 | Up to $50,000 | 10-99 years | 5-99 years |
PENALTY GROUP FOUR: codeine, morphine, difenoxin, Buprenorphine or Butorphanol, pyrovalerone
| Weight | Classification for cultivation or sale | Classification for possession | Fines for cultivation or sale | Fines for possession | Jail time for cultivation or sale | Jail time for possession |
| < 28g | State Jail Felony | Class B Misdemeanor | Up to $10,000 | Up to $4,000 | 180 days-2 years | 180 days- 2 years |
| 28-200g | 2nd Degree Felony | 3rd Degree Felony | Up to $10,000 | Up to $10,000 | 2-20 years | 2-10 years |
| 200-400g | 1st Degree Felony | 2nd Degree Felony | Up to $10,000 | Up to $10,000 | 5-99 years | 2-20 years |
| >400g | Enhanced Felony 1 | 1st Degree Felony | Up to $100,000 | Up to $50,000 | 10-99 years | 5-99 years |
Marijuana
Although Marijuana is illegal in the State of Texas, the gradual decriminalization of marijuana, both recreational and medicinal, across the nation has caused the State of Texas to consider Marijuana separately from other penalty groups. The sentencing is still based on sale and possession, seen below.
| Weight for cultivation or delivery | Weight for possession | Classification | Jail Time for Cultivation or Delivery | Jail Time for Possession | Fines for Cultivation or Delivery | Fines for Possession |
| <¼ oz. not for payment | <2 oz. | Class B Misdemeanor | Up to 180 days | Up to 180 days | Up to $10,000 | Up to $10,000 |
| <¼ oz. for payment | 2-4 oz. | Class A Misdemeanor | Up to 1 year | Up to 1 year | Up to $4,000 | Up to $4,000 |
| ¼ oz.- 5 lbs. | 4 oz.- 5 lbs. | State Jail Felony | 180 days -2 years | Up to 2 years | Up to $10,000 | Up to $10,000 |
| 3rd Degree felony | 2-10 years | Up to $10,000 | ||||
| 5-50 lbs. | 2nd Degree Felony | 2-20 years | Up to $10,000 | |||
| 2nd Degree Felony | 2-20 years | Up to $10,000 | ||||
| 1st Degree Felony | 5-99 years | Up to $10,000 | ||||
| 50-2,000lbs. | 1st Degree Felony | 2-20 years | Up to $10,000 | |||
| >2,000lbs. | Enhanced First Degree Felony | 10-99 years | Up to $100,00 |
When Is a Drug Crime State vs. Federal?
Both the Federal and State governments have different ways of combating illegal drug use. While these laws are enforced by both entities, the consequences for a federal drug crime are harsher than state offenses. Typically, state offenses are discovered by local authorities and are not involved in multiple states. Federal drug crimes are more serious and wide scale. A strong example of a federal crime is trafficking narcotics across state lines, whereas a state drug crime would be trafficking narcotics within a state. Although it is seen on a case-by-case basis, typically Federal drug crimes are more serious than State drug crimes.
For more information, see our Federal Drug Crimes page.
Can I get a State Drug Crime Expunged from my Record?
Under the Texas Code of Criminal Procedure, a person who has been arrested for either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
- They were arrested for a drug crime but not charged.
- Their case was dismissed due to a lack of probable cause, insufficient evidence or unavailable witnesses.
- A grand jury “no billed” the indictment against them.
- They were acquitted – found not guilty – by a judge or jury of the drug crime they were charged with.
Outside of these circumstances, a drug record will stay on your record permanently. That is why it is essential to have a lawyer that will give you the best possible defense for state drug crimes.
What can Gary Tabakman Do for Me?
Gary Tabakman is an award-winning, experienced lawyer who has defended clients on countless drug crime cases. He understands your needs and will fight for your rights.
Law Office of Gary Tabakman, PLLC