What Are the Texas Drug Laws and Penalties?

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Thiessen Law Firm What Are the Texas Drug Laws and Penalties? Whether you’re facing charges for marijuana possession, cocaine, heroin, or prescription drugs, the Lone Star State doesn’t mess around when it comes to drug offenses, and the penalties can follow you for the rest of your life. Although drug laws are relaxing in many states, Texas drug laws are still among the most strict in … Continued What Are the Texas Drug Laws and Penalties? Thiessen Law Firm - The Texas Trial Attorney

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What Are the Texas Drug Laws and Penalties?

Whether you’re facing charges for marijuana possession, cocaine, heroin, or prescription drugs, the Lone Star State doesn’t mess around when it comes to drug offenses, and the penalties can follow you for the rest of your life.

Although drug laws are relaxing in many states, Texas drug laws are still among the most strict in the nation, with penalties ranging from hefty fines and jail time for simple possession to decades in prison for larger amounts or intent to distribute. Even a first-time offense can result in significant consequences beyond jail time, including loss of driving privileges, employment difficulties, and a permanent criminal record that affects everything from housing applications to professional licensing.

Facing drug charges? Don’t roll the dice with your future. Mark Thiessen is an ACS-CHAL Lawyer-Scientist and well-known drug offense lawyer in Houston who understands the science behind drug cases better than the police — and knows exactly how to challenge the prosecution’s so-called “evidence.” Call Thiessen Law Firm today at (713) 864-9000 to fight these charges with everything you’ve got.

Texas drug laws explained

Under the Texas Health and Safety Code Chapter 481 (Texas Controlled Substances Act), Texas organizes illegal drugs into penalty groups based on their potential for abuse, medical value, and danger to public safety — and the penalties escalate quickly.

Marijuana: Still in a class of its own

Despite shifting public opinion and hemp-derived products flooding the market, marijuana remains illegal for recreational use in Texas. While Harris County and other metropolitan areas have adopted cite-and-release policies for small amounts, don’t mistake this for legalization — you can still face serious consequences.

Current marijuana penalties in Texas break down by amount possessed:

Less than 2 ounces: Class B misdemeanor with up to 180 days in jail and a $2,000 fine
2 to 4 ounces: Class A misdemeanor with up to 1 year in jail and a $4,000 fine
4 ounces to 5 pounds: State jail felony with 180 days to 2 years and a $10,000 fine
5 to 50 pounds: Third-degree felony with 2 to 10 years and a $10,000 fine
50 to 2,000 pounds: Second-degree felony with 2 to 20 years and a $10,000 fine
Over 2,000 pounds: First-degree felony with 5 to 99 years and up to $100,000 fine

Even if you avoid prosecution through a diversion program, you’ll still face community service or mandatory drug classes — and if you don’t complete them, you’re right back to facing criminal charges.

Penalty Group 1

Texas reserves its harshest penalties for Penalty Group 1 substances, which include:

Cocaine
Heroin
Methamphetamine
Ketamine
Oxycodone (without prescription)
Hydrocodone (without prescription)
Fentanyl

These drugs carry felony charges at almost every level due to their high addiction potential and lack of accepted medical use in their street forms. Penalties range from a state jail felony for less than 1 gram (180 days to 2 years, $10,000 fine) all the way up to enhanced punishment for 400 grams or more (15 to 99 years, up to $250,000 fine).

Penalty Group 1-A

LSD occupies its own category because it’s measured in dosage units rather than weight. The penalties mirror Penalty Group 1 but with different thresholds:

Under 20 units: State jail felony (180 days to 2 years, $10,000 fine)
4,000 units or more: Enhanced punishment (15 to 99 years, up to $250,000 fine)

Penalty Group 2

Penalty Group 2 substances include:

MDMA/Ecstasy
PCP (Phencyclidine)
Mescaline
Marinol (synthetic THC)

The jail time mirrors Penalty Group 1, but the maximum fines are capped at $50,000 instead of $100,000 for the highest amounts.

Penalty Groups 3 & 4

These categories cover prescription medications that are controlled but have accepted medical uses:

Penalty Group 3:

Valium
Xanax
Ritalin
Anabolic steroids

Penalty Group 4:

Morphine compounds
Buprenorphine
Other prescription opioids

Possessing these without a valid prescription carries penalties ranging from a Class A misdemeanor for under 28 grams up to enhanced punishment for over 400 grams.

Drug Paraphernalia: Don’t forget the accessories

Texas also criminalizes drug paraphernalia: anything used to consume, manufacture, or conceal drugs. This includes pipes, bongs, scales, and even rolling papers in certain contexts. Paraphernalia charges are typically Class C misdemeanors with fines up to $500, but they can add up quickly when combined with possession charges — and people rarely face paraphernalia charges alone.

The bottom line? Nearly half of all Texas prison inmates are serving time on drug-related charges. Don’t become another statistic. These laws are designed to put people behind bars, and they’re very good at it.

What is the punishment for drugs in Texas?

The punishment for drug possession in Texas depends on two main factors: what type of drug you’re caught with and how much of it you have. Texas doesn’t mess around — even small amounts of certain substances can land you with felony drug charges in Texas that carry prison time. And if prosecutors suspect you’re dealing, you could face charges for conspiracy to distribute on top of possession, which carries even harsher penalties.

Here’s how Texas drug possession penalties break down:

Offense	Penalty Group and amount	Charge	Jail time	Fine
Possession	> 4 ounces marijuana	State jail felony	180 days – 2 years	Up to $10,000
Possession	> 5 pounds marijuana	Third-degree felony	2 – 10 years	Up to $10,000
Possession	< 1 gram Penalty Group 1 or 2	State jail felony	180 days – 2 years	Up to $10,000
Possession	1 – 4 grams Penalty Group 1 or 2	Third-degree felony	2 – 10 years	Up to $10,000
Possession	4 – 200 grams Penalty Group 1 or 2	Second-degree felony	2 – 20 years	Up to $10,000
Possession	200 – 400 grams Penalty Group 1 or 2	First-degree felony	10 – 99 years or life in prison	Up to $100,000
Manufacture and delivery	< 1 gram Penalty Group 1 or 2	State jail felony	180 days – 2 years	Up to $10,000
Manufacture and delivery	1 – 4 grams Penalty Group 1 or 2	Second-degree felony	2 – 20 years	Up to $10,000
Manufacture and delivery	4 – 400 grams Penalty Group 2	First-degree felony	10 – 99 years or life in prison	Up to $100,000

But jail time and fines are just the beginning of your problems. A drug conviction in Texas comes with a laundry list of additional consequences that can derail your life long after you’ve served your sentence, including:

Automatic driver’s license suspension
Permanent criminal record
Loss of federal financial aid eligibility
Immigration consequences for non-citizens
Professional license revocation
Housing discrimination
Employment barriers
Loss of voting rights
Firearm ownership restrictions
Child custody complications

Whether you’re facing cocaine possession or any other charges for possession of a controlled substance in Texas, these hidden penalties often prove more devastating than the original punishment and can follow you for decades.

Wondering how to get out of drug charges?

You may be scared, confused, or wondering if your life is over. Getting out of drug charges in Texas isn’t impossible, but it requires an aggressive defense strategy and deep knowledge of Texas drug possession laws. The prosecution has to prove every element of their case beyond a reasonable doubt, and experienced defense attorneys know exactly where to look for weaknesses in the state’s evidence.

Here’s how skilled defense attorneys approach drug charge dismissals:

Challenge the initial stop or search: If police didn’t have reasonable suspicion to stop you or probable cause to search, any evidence they found can be thrown out under the exclusionary rule.
Question the chain of custody: Prosecutors must prove the drugs found at the scene are the same ones tested in the lab. Any gaps or irregularities in how evidence was handled can lead to dismissal.
Attack the lab results: Crime labs make mistakes, equipment malfunctions, and technicians cut corners. An ACS-CHAL Lawyer Scientist can identify flaws in testing procedures that prosecutors hope you won’t notice.
Examine the weight and identification: The difference between penalty groups and charge levels often comes down to precise measurements. If the state can’t prove exactly what substance you had or how much, their case falls apart.
Challenge witness credibility: Police reports are often inaccurate, and officers may have violated your rights during the arrest. Cross-examination can expose inconsistencies and constitutional violations.
Negotiate pretrial diversion: For first-time offenders, diversion programs can result in dismissed charges after completing community service, drug education, or treatment programs.
File suppression motions: Constitutional violations during your arrest can result in key evidence being suppressed, leaving prosecutors with no case.
Demand jury trial: Many drug cases rely on technical evidence that doesn’t hold up under aggressive cross-examination before a jury of your peers.

The bottom line is this: drug charges in Texas are serious business, but they’re not automatic convictions. Prosecutors know that experienced defense attorneys can poke holes in their cases, which is why many drug charges get reduced or dismissed before they ever reach trial. Don’t let them steamroll you into a guilty plea — fight back with everything you’ve got, because your future depends on it.

Learn more about how to get a possession charge dismissed

Texas drug laws — FAQs

Does Texas have strict drug laws?

Absolutely. Texas has some of the harshest drug laws in the entire country, with even small amounts of certain substances carrying felony charges and potential prison time. While other states have moved toward decriminalization and treatment-focused approaches, Texas continues to take a hard-line stance that prioritizes incarceration over rehabilitation.

Does Texas have recreational drug laws?

No, Texas does not have recreational drug laws — all recreational drug use remains illegal in the state. While Texas has a very limited medical marijuana program through the Compassionate Use Program, recreational marijuana and all other controlled substances are still prohibited under state law. Some local jurisdictions have adopted cite-and-release policies for small amounts of marijuana, but these don’t change the underlying illegality under state law.

Do first-time drug offenders go to jail in Texas?

Yes, first-time drug offenders absolutely can and do go to jail in Texas, depending on the type and amount of drug involved. Even first-time drug possession charges in Texas can result in jail time, particularly for substances in Penalty Groups 1 and 2, which carry mandatory minimum sentences. While some first-time offenders may qualify for diversion programs or probation, there’s no guarantee you’ll avoid incarceration just because it’s your first offense.

Ready to beat your drug charges? Mark Thiessen knows how to win.

Drug charges in Texas can destroy your life, but you don’t have to face them alone. Texas drug laws are designed to put people behind bars, and prosecutors are counting on you to give up without a fight — but that’s exactly why you need an attorney who won’t back down. At Thiessen Law Firm, we’ve built our reputation taking on tough drug cases and getting them dismissed for clients across Houston and Texas.

Mark Thiessen is an ACS-CHAL Lawyer-Scientist who understands the science behind drug cases better than the police and knows how to expose the flaws in the prosecution’s evidence. We’ve seen firsthand how aggressive defense can turn what looks like a slam-dunk case into a complete dismissal, and we’re ready to do the same for you.

Your case isn’t hopeless, and you still have options — but only if you act fast. Call Thiessen Law Firm today at (713) 864-9000 to put science, experience, and relentless advocacy on your side.

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