Penalties for Possession of a Controlled Substance in Texas

Like other states, Texas has its own definition of what constitutes a controlled dangerous substance and different penalties for different substances. Texas not only classifies drugs like marijuana, cocaine and heroin as controlled substances, but also the chemicals used to make these drugs.

In Texas, controlled substances are divided into four different penalty groups, with more severe penalties for drugs that are more dangerous. The penalties for possessing these controlled substances (not including marijuana) include:

Penalty Group 1

  • Less than one gram—a fine of up to $10,000, 180 days to 2 years in jail, or both.
  • More than one gram but less than four grams—a fine of up to $10,000, 2-10 years in prison, or both.
  • More than four grams but less than 200 grams—a fine of up to $10,000, 2-20 years in prison, or both.
  • More than 200 grams but less than 400 grams—a fine of up to $100,000, 5-99 years in prison, or both.
  • More than 400 grams—a fine of up to $100,000, 10-99 years in prison, or both.

Penalty Group 1-A: LSD (lysergic acid diethylamide) only

  • Less than 20 units— fine of up to $10,000, 180 days to 2 years in jail, or both.
  • More than 20 units, but less than 80 units—a fine of up to $10,000, 2-10 years in prison, or both.
  • More than 80 units, but less than 4,000 units—a fine of up to $10,000, 5-20 years in prison, or both.
  • More than 4,000 units—a fine of up to $250,000, 15-99 years in prison, or both.

Penalty Group 2

  • Less than one gram—a fine of up to $10,000, 180 days to 2 years in jail, or both.
  • More than one gram but less than four grams—a fine of up to $10,000, 2-10 years in prison, or both.
  • More than four grams but less than 400 grams—a fine of up to $10,000, 2-20 years in prison, or both.
  • More than 400 grams—a fine of up to $50,000, 5-99 years in prison, or both.

Penalty Group 3

  • Less than 28 grams— a fine of up to $4,000, up to one year in jail, or both.
  • More than 28 grams, but less than 200 grams— a fine of up to $10,000, 2-10 years in prison, or both.
  • More than 200 grams, but less than 400 grams— a fine of up to $10,000, 2-20 years in prison, or both.
  • More than 400 grams—a fine of up to $50,000, 5-99 years in prison, or both.

Penalty Group 4

  • Less than 28 grams— a fine of up to $2,000, up to 180 days in jail or both.
  • More than 28 grams, but less than 200 grams— a fine of up to $10,000, 2-10 years in prison, or both.
  • More than 200 grams, but less than 400 grams— a fine of up to $10,000, 2-20 years in prison, or both.
  • More than 400 grams—a fine of up to $50,000, 5-99 years in prison, or both.

The Cogdell Law Firm is a full service criminal litigation and appellate law firm. We provide client-focused representation at all stages of the process, whether our clients are seeking to avoid charges, have been charged, or are seeking reversal of a conviction on appeal. When results matter most, contact Dan Cogdell at (713) 426-2244 or dan@cogdell-law.com.

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