State Drug Cirmes

The possession or sale of illegal substances is a heavy offense in the State of Texas. On a case-by-case basis, 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

WeightClassification for cultivation or saleClassification for possessionFines for cultivation or saleFines for possessionJail time for cultivation or saleJail time for possession
< 1gState Jail FelonyState Jail FelonyUp to $10,000Up to $10,000180 days – 2 years180 days- 2 years
1-4g2nd Degree Felony3rd Degree FelonyUp to $10,000Up to $10,0002- 20 years2-10 years
4-200g1st Degree Felony2nd Degree FelonyUp to $10,000Up to $10,00010-99 years2- 20 years
200-400gEnhanced 1st Degree Felony1st Degree FelonyUp to $100,000Up to $10,00015-99 years5-99 years
>400gEnhanced Felony 1Enhanced Felony 1Up to $250,000Up to $100,00015-99 years10-99 years


PENALTY GROUP ONE-A:
LSD

AmountClassification for cultivation or saleClassification for possessionFines for cultivation or saleFines for possessionJail time for cultivation or saleJail time for possession
<20 UnitsState Jail FelonyState Jail FelonyUp to $10,000Up to $10,000180 days-2 years180 days-2 years
20-80 units2nd Degree Felony3rd Degree FelonyUp to $10,000Up to $10,0002-20 years2-10 years
80-4000 units1st Degree Felony2nd Degree FelonyUp to $10,000Up to $10,0005-99 years2-20 years
4000-8000

units

Enhanced Felony 11st Degree FelonyUp to $100,000Up to $10,00010-99 years5-99 years
>8000 unitsEnhanced Felony 1Enhanced Felony 1Up to $250,000Up to $250,00015-99 years15-99 years


PENALTY GROUP TWO
: Ecstasy, PCP, Marinol, Mescaline

WeightClassification for cultivation or saleClassification for possessionFines for cultivation or saleFines for possessionJail time for cultivation or saleJail time for possession
< 1gState Jail FelonyState Jail FelonyUp to $10,000Up to $10,000180 days- 2 years180 days- 2 years
1-4g2nd Degree Felony3rd Degree FelonyUp to $10,000Up to $10,0002-20 years2-10 years
4-400g1st Degree Felony2nd Degree FelonyUp to $10,000Up to $10,0005-99 years2-20 years
>400gEnhanced Felony 11st Degree FelonyUp to $100,000Up to $50,00010-99 years5-99 years


PENALTY GROUP 2-A
: compounds mimicking Cannabinoids

WeightClassification for cultivation or saleJail time for cultivation or saleFines for cultivation or saleWeight Classification for possessionFines for possessionJail time for possession
< 1gState Jail Felony180 days- 2 yearsUp to $10,000<2 oz. Class B MisdemeanorUp to 180 daysUp to $2,000
1-4g2nd Degree Felony2-20 yearsUp to $10,0002-4 oz. Class A MisdemeanorUp to 1 yearUp to $4,000
4-400g1st Degree Felony5-99 yearsUp to $10,0004 oz.-5 lbs.State Jail Felony180 days- 2 yearsUp to $10,00
>400gEnhanced Felony 110-99 yearsUp to $100,0005-50 lbs.3rd Degree Felony2-10 yearsUp to $10,00
 50- 2000 lbs.2nd Degree Felony2-20 yearsUp to $10,000
 >2,000 lbs.1st Degree Felony5-99 yearsUp to $50,000


PENALTY GROUP THREE
: Morphine, Motofen, Buprenorphine, and Pyrovalerone

WeightClassification for cultivation or saleClassification for possessionFines for cultivation or saleFines for possessionJail time for cultivation or saleJail time for possession
< 28gState Jail FelonyClass A MisdemeanorUp to $10,000Up to $4,000180 days-2 yearsUp to one year
28-200g2nd Degree Felony3rd Degree FelonyUp to $10,000Up to $10,0002-20 years2-10 years
200-400g1st Degree Felony2nd Degree FelonyUp to $10,000Up to $10,0005-99 years2-20 years
>400gEnhanced Felony 11st Degree FelonyUp to $100,000Up to $50,00010-99 years5-99 years


PENALTY GROUP FOUR:
codeine, morphine, difenoxin, Buprenorphine or Butorphanol, pyrovalerone

WeightClassification for cultivation or saleClassification for possessionFines for cultivation or saleFines for possessionJail time for cultivation or saleJail time for possession
< 28gState Jail FelonyClass B MisdemeanorUp to $10,000Up to $4,000180 days-2 years180 days- 2 years
28-200g2nd Degree Felony3rd Degree FelonyUp to $10,000Up to $10,0002-20 years2-10 years
200-400g1st Degree Felony2nd Degree FelonyUp to $10,000Up to $10,0005-99 years2-20 years
>400gEnhanced Felony 11st Degree FelonyUp to $100,000Up to $50,00010-99 years5-99 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 deliveryWeight for possessionClassificationJail Time for Cultivation or DeliveryJail Time for PossessionFines for Cultivation or DeliveryFines for Possession
<¼ oz. not for payment<2 oz.Class B MisdemeanorUp to 180 daysUp to 180 daysUp to $10,000Up to $10,000
<¼ oz. for payment2-4 oz.Class A MisdemeanorUp to 1 yearUp to 1 yearUp to $4,000Up  to $4,000
¼ oz.- 5 lbs.4 oz.- 5 lbs.State Jail Felony180 days -2 yearsUp to 2 yearsUp to $10,000Up to $10,000
  3rd Degree felony 2-10 years Up to $10,000
5-50 lbs. 2nd Degree Felony2-20 years Up to $10,000 
  2nd Degree Felony 2-20 years Up to $10,000
  1st Degree Felony5-99 years Up to $10,000 
50-2,000lbs. 1st Degree Felony 2-20 years Up to $10,000
>2,000lbs. Enhanced First Degree Felony10-99 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.

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.