In Texas, drug-related offenses are taken very seriously, with severe penalties that vary depending on the type and quantity of the substance involved. Controlled substances are categorized into different Penalty Groups, with Penalty Group 1 (PG1) containing some of the most dangerous drugs. The penalties for possession, manufacture, or delivery of these substances are stringent and increase with the amount of the drug in question.
Below is a detailed breakdown of the penalties associated with various controlled substances, categorized by Penalty Group and quantity.
Penalty Group 1 (PG1)
This group includes drugs such as heroin, cocaine, and methamphetamine, which are considered highly dangerous with a high potential for abuse.
Possession Penalties:
1. Less than 1 gram
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 1 to 4 grams
- Classification: 3rd Degree Felony
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
3. 4 to 200 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
4. 200 to 400 grams
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $10,000.
5. 400 grams or more
- Classification: Enhanced 1st Degree Felony
- Penalty: 10 to 99 years or life in prison and a fine of up to $100,000.
Manufacture or Delivery Penalties:
1. Less than 1 gram
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 1 to 4 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
3. 4 to 200 grams
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $10,000.
4. 200 to 400 grams
- Classification: Enhanced 1st Degree Felony
- Penalty: 10 to 99 years or life in prison and a fine of up to $100,000.
5. 400 grams or more
- Classification: Enhanced 1st Degree Felony
- Penalty: 15 to 99 years or life in prison and a fine of up to $250,000.
Penalty Group 2 (PG2)
Penalty Group 2 includes substances like MDMA (Ecstasy), PCP, and certain hallucinogens. These drugs are considered to have a high potential for abuse but are less dangerous than those in PG1.
Possession Penalties:
1. Less than 1 gram
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 1 to 4 grams
- Classification: 3rd Degree Felony
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
3. 4 to 400 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $50,000.
Manufacture or Delivery Penalties:
1. Less than 1 gram
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 1 to 4 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
3. 4 to 400 grams
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: Enhanced 1st Degree Felony
- Penalty: 10 to 99 years or life in prison and a fine of up to $100,000.
Penalty Group 3 (PG3)
This group includes substances like anabolic steroids, certain stimulants, depressants, and small amounts of codeine.
Possession Penalties:
- Classification: Class A Misdemeanor
- Penalty: Up to 1 year in county jail and a fine of up to $4,000.
2. 28 to 200 grams
- Classification: 3rd Degree Felony
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
3. 200 to 400 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $50,000.
Manufacture or Delivery Penalties:
1. Less than 28 grams
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 28 to 200 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
3. 200 to 400 grams
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: Enhanced 1st Degree Felony
- Penalty: 10 to 99 years or life in prison and a fine of up to $100,000.
Penalty Group 4 (PG4)
This group covers compounds with limited amounts of narcotics and certain prescription medications that have a lower potential for abuse.
Possession Penalties:
1. Less than 28 grams
- Classification: Class B Misdemeanor
- Penalty: Up to 180 days in county jail and a fine of up to $2,000.
2. 28 to 200 grams
- Classification: 3rd Degree Felony
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
3. 200 to 400 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $50,000.
Manufacture or Delivery Penalties:
1. Less than 28 grams
- Classification: State Jail Felony
- Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000.
2. 28 to 200 grams
- Classification: 2nd Degree Felony
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
3. 200 to 400 grams
- Classification: 1st Degree Felony
- Penalty: 5 to 99 years or life in prison and a fine of up to $10,000.
4. 400 grams or more
- Classification: Enhanced 1st Degree Felony
- Penalty: 10
