Texas Drug Possession Levels

Drug Charges

Delivery of Marijuana:

1/4 oz. or less & no remuneration (Class B)

1/4 oz. or less & remuneration (Class A)

> 1/4 oz to 5lbs. (State Jail)

>5lbs. to 50 lbs.(2nd degree)

>50 lbs. to 2,000 lbs. (1st degree)

>2,000 lbs. (life or 10-99 and up to $100,000)

Possession of Marijuana:

2 oz. or less (Class B)

>2 oz.-4oz. (Class A)

>4oz.-5 lbs. (State Jail)

>5lbs.-50 lbs. (3rd degree)

>50 lbs.-2,000 lbs. (2nd degree)

>2,000 lbs. (life or 5-99 and up to $50,000)

Possession of Controlled Substance

Penalty Group 1: Heroin, Cocaine, Methamphetamine, Hydrocodone, Oxycodone, etc.

Possession:

<1g (State Jail)

1-<4g (3rd degree)

4-<200g (2nd degree)

200-<400g (1st degree)

400g+ (life or 10-99 + up to $100,000)

Manufacture/Delivery:

<1g (State Jail)

1-<4g (2nd degree)

4-<200g (1st degree)

200-<400g (life or 10-99 + up to $100,000)

400g+ (life or 15-99 + up to $250,000)

Penalty Group 1-A: LSD, etc.

Possession:

<20 units (State Jail)

20-79 units (3rd degree)

80-3,999 units (2nd degree)

4,000-7,999 units (1st degree)

8,000+ units (life or 15-99 + up to $250,000)

Manufacture /Delivery: 

<20 units (State Jail)

20-79 units (2nd degree)

80-3,999 units (1st degree)

4,000+ units (life or 15-99 + up to $250,000)

Penalty Group 2: Ecstasy, etc.

Possession:

<1g (State Jail)

1-<4g (3rd degree)

4-<400g (2nd degree)

400g+ (life or 5-99 + up to $50,000)

Manufacture/Delivery: 

<1g (State Jail)

1-<4g (3rd degree)

4-<400g (2nd degree)

400g+ (life or 5-99 + up to $50,000)

Penalty Group 3: Alprazolam, Clonazepam, etc.

and

Penalty Group 4: Codeine, etc.

Possession:

<28g (Class A)

28g-<200g (3rd degree)

200g-<400g (2nd degree)

400g+ (life or 5-99 + up to $50,000)

Manufacture/Delivery: 

<28g (State Jail)

28g-<200g (2nd degree)

200g-<400g (1st degree)

400g+ (life or 10-99 + up to $100,000)

Source.