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Drug crimes are some of the most common criminal offenses, both in our state and across the nation. However, drug crime charges should be taken very seriously here, as Texas has some of the harshest consequences for drug offenses in the country.

Texas drug laws break down the degree of offense and sentencing by the type and amount of substance, and whether the defendant was merely in possession of the substance or distributed or intended to distribute the substance in question.

Penalty Group 1 (PG1)

Penalty group 1 includes highly dangerous and addictive substances such as opiates, cocaine, rohypnol, and methamphetamines.

Common Drugs in PG1

• Opiates and their derivatives
• Opium and poppy straw
• Cocaine
• Rohypnol
• Methamphetamines and their isomers
• Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine
• GHB
• Ketamine

Penalties for PG1 Possession

• Less than 1 gram: State jail felony: 180 days-2 years in state jail
• 1-4 grams: Third-degree felony; 2-20 years incarceration
• 4-200 grams: Second-degree felony; 2-20 years incarceration
• 200-400 grams: First-degree felony; 5-99 years incarceration
• Over 400 grams: Enhanced First-degree felony; 10-99 years incarceration

Penalties for PG1 Possession with Intent to Distribute

• Less than 1 gram: State jail felony: 180 days-2 years in state jail
• 1-4 grams: Second-degree felony; 2-20 years incarceration
• 4-200 grams: First-degree felony; 5-99 years incarceration
• 200-400 grams: Enhanced First-degree felony; 10-99 years incarceration
• Over 400 grams: Enhanced First-degree felony; 15-99 years incarceration

Penalty Group 1A (PG1A)

Penalty group 1A includes common hallucinogens such as LSD, which are highly potent and have great potential for harm.

Common Drugs in PG1A

• LSD and derivatives
• Dimethoxyamphetamine and its derivatives/isomers

Penalties for PG1A Possession

• Less than 20 units: State jail felony; 180 days-2 years in state jail
• 2-80 units: Third-degree felony; 2-20 years incarceration
• 80-4000 units: Second-degree felony; 2-20 years incarceration
• 4000-8000 units: First-degree felony; 5-99 years incarceration
• 8000 units or more: Enhanced First-degree felony; 15-99 years incarceration

Penalties for PG1A Possession with Intent to Distribute

• Less than 20 units: State jail felony; 180 days-2 years in state jail
• 2-80 units: Second-degree felony; 2-20 years incarceration
• 80-400 units: First-degree felony; 5-99 years incarceration
• Over 400 units: Enhanced First-degree felony; 15-99 years incarceration

Penalty Group 2 (PG2)

Penalty group 2 includes less-common hallucinogens such as mescaline and tryptamine-class hallucinogens.

Common Drugs in PG2

• Benzofuran-class hallucinogens
• Trypatmine-class hallucinogens
• Diphenylprolinol-class hallucinogens
• Ibogaine
• Cycolohexamine
• Mescaline
• Benzylpiperazine
• Phenylacetone

Penalties for PG2 Possession

• Less than 1 gram: State jail felony; 180 days-2 years in state jail
• 1-4 grams: Third-degree felony; 2-20 years incarceration
• 4-400 grams: Second-degree felony; 2-20 years incarceration
• Over 400 grams: First-degree felony; 5-99 years incarceration

Penalties for PG2 Possession with Intent to Distribute

• Less than 1 gram: State jail felony; 180 days-2 years in state jail
• 1-4 grams: Second-degree felony; 2-20 years incarceration
• 4-400 grams: First-degree felony; 5-99 years incarceration
• Over 400 grams: Enhanced First-degree felony; 10-99 years incarceration

Penalty Group 2A (PG2A)

The most common drug in Penalty Group 2A is cannabinol derivatives. This can include extracts and certain synthetic cannabinoids.

Common Drugs in PG2A

• WIN-55,212-2
• Cyclohexylphenol
• Cannabinol derivatives, except when contained in marijuana
• Tetramehylcylopropyl thiazole

Penalties for PG2A Possession

• Less than 1 gram: State jail felony; 180 days – 2 years in state jail
• 1-4 grams: Third-degree felony; 2-20 years incarceration
• 4-400 grams: Second-degree felony; 2-20 years incarceration
• Over 400 grams: First-degree felony; 5-99 years incarceration

Penalties for PG2A Possession with Intent to Distribute

• Less than 1 gram: State jail felony; 180 days – 2 years in state jail
• 1-4 grams: Second-degree felony; 2-20 years incarceration
• 4-400 grams: First-degree felony; 4-99 years incarceration
• Over 400 grams: Enhanced First-degree felony; 10-99 years incarceration

Penalty Group 3 (PG3)

Penalty group 3 includes barbiturates, benzodiazepines, anabolic steroids, and hallucinogens such as peyote and salvia extract.

Common Drugs in PG3

• Barbiturates
• Benzodiazepines
• Codeine
• Peyote
• Anabolic steroids
• Salvia extract

Penalties for PG3 Possession

• Less than 28 grams: Class A misdemeanor; Up to one year in state jail
• 28-200 grams: Third-degree felony; 2-20 years incarceration
• 200-400 grams: Second-degree felony; 2-20 years incarceration
• Over 400 grams: First-degree felony; 5-99 years incarceration

Penalties for PG3 Possession with Intent to Distribute

• Less than 28 grams: State jail felony; 180 days-2 years in state jail
• 28-200 grams: Second-degree felony; 2-20 years incarceration
• 200-400 grams: First-degree felony; 5-99 years incarceration
• Over 400 grams: Enhanced First-degree felony; 10-99 years incarceration

Penalty Group 4 (PG4)

Penalty group 4 includes less-common hallucinogens and stimulants with a lower potential for abuse.

Common Drugs in PG4

• Buprenorphine
• Butorphanol
• Pyrovalerone

Penalties for PG4 Possession

• Less than 28 grams: Class B misdemeanor; Up to 180 days in state jail
• 28-200g: Third-degree felony; 2-20 years incarceration
• 200-400g: Second-degree felony; 2-20 years incarceration
• Over 400g: First-degree felony; 5-99 years incarceration

Penalties for PG4 Possession with Intent to Distribute

• Less than 28 grams: State jail felony; 180 days-2 years in state jail
• 28-200g: Second-degree felony; 2-20 years incarceration
• 200-400g: First-degree felony; 5-99 years incarceration
• Over 400g: Enhanced First-degree felony; 10-99 years incarceration

Marijuana

Although marijuana has been legalized in many states, it is still very much against the law in Texas. Possession of even a small amount of marijuana is a misdemeanor-level offense, and possession of over four ounces is a felony-level offense.

Penalties for Marijuana Possession

• Less than 2 ounces: Class B misdemeanor; Up to 180 days in state jail
• 2-4 ounces: Class A misdemeanor; Up to one year in state jail
• 4 ounces-5 pounds: State jail felony; 180 days-2 years in state jail
• 5-50 pounds: Third-degree felony; 2-20 years incarceration
• 50 pounds up to one ton: Second-degree felony; 2-20 years incarceration
• Over one ton: First-degree felony; 5-99 years incarceration

Penalties for Marijuana Possession with Intent to Distribute

• ¼ ounce or less and no money received: Class B misdemeanor; Up to 180 days in state jail
• ¼ ounce or less and money is received: Class A misdemeanor; Up to one year in state jail
• ¼ ounce-5 pounds: State jail felony; 180 days-2 years in state jai
• 5-50 pounds: Second-degree felony; 2-20 years incarceration
• 40-2000 pounds: First-degree felony; 5-99 years incarceration
• Over 2000 pounds: Enhanced First-degree felony; 10-99 years incarceration

If you or a loved one are facing drug charges, be proactive by retaining an experienced Texas drug crimes attorney as early in the process as possible. These are serious charges, and require a serious attorney who will work tirelessly to ensure the best possible outcome for your case. Reach out to us now to get started.

About the Author:

Jeff Hampton has been practicing law in Texas in 2005, first in the Tarrant County District Attorney’s Office as a prosecutor, and now as a private attorney with the Hampton Eppes Law Group, protecting the rights of Texans who have suffered injury due to negligence or are facing criminal charges. His success in helping people with their legal troubles has been recognized by clients and peers alike, with a Top Attorney designation and 10/10 Superb Rating on Avvo, and a place on the National Trial Lawyers list of the Top 100 Trial Lawyers.